ABC Dream
ABC Dream
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Definitions
The Company: shall mean ABC Dream
The Buyer: shall mean the person buying the goods
The Goods: shall mean the goods to be supplied by the company to the buyer under the contract between them.
Contract - All orders are subject to these conditions.
Delivery Date - Notwithstanding any specific date mentioned for delivery of the goods, time shall not be deemed to be of the essence of the contract in relation thereto
Price - All price quotations are calculated from costs applicable at the date of any such quotations. If there is any increase such costs between the date of quotation and dispatch the company may increase the price accordingly. The company cannot be responsible for typographical errors, for instance if a product is marked with an incorrect price. In this instance we will email you and inform you of the correct price, you will have an opportunity to cancel the order/item should you wish. The company reserves the right to change its prices without prior notification.
Shortages and Returns - Any shortages in delivery to be notified in writing within three days of receipt of goods with full details. Notification of non-delivery must be made within three days of dispatch (date of dispatch quoted on invoice) or incorrect items received. No return of the company's goods will be accepted unless faulty.
Cancellations and Returns - Customers who wish to cancel their order must contact the company in writing. Any orders cancelled will be charged at 15% of the total value of the order. No cancellations will be accepted unless authorized by the company in wiriting. We do not accept returns unless goods have a fault. Customers who return deliveries without prior consent from the company will be charged a 15% re-stocking fee. No returns will be accepted without authorization from the company.
Risk and Property
The risk of damage or loss of the goods shall pass to the buyer at the time of delivery, or if the buyer wrongfully fails to take the delivery of the goods or fails to provide adequate means of access for the delivery of the goods at the time when the company has tendered delivery of the goods or attempted to deliver the same.
Notwithstanding delivery and the passing of risk in the goods, or any other provision in these conditions, the property in the goods shall not pass to the buyer until the company recieve in cash or cleared funds payment in full the price of the goods and all other sums due from the buyer to the company.
Until such time as the property in the goods passes to the buyer, the buyer shall keep the goods seperate from those of the buyer and third parties and properly stored, protected and insured and identified as the company's property.
Until such time as the property in the goods passes to the buyer the comapny shall be entitled at any time to require the buyer to deliver up the goods to the company and, if the buyer or any third party where the goods are stored and repossess the goods.
The buyer shall not be entitled to pledge or any way charge by way of security, for any indebtedness of any of the goods which remain the property of the company, but if the buyer does so all monies owing by the buyer to the company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
Force Majeure - The Company shall not be held liable to the buyer for any loss resulting from failure to deliver the goods, or for any delay in delivering the goods, where such failure is wholly or mainly due to any cause outside the company's reasonable control, including but not limited to shortages of material, strikes and lockouts, riots and civil commotion or acts of God.
Termination - The Company shall be entitled, without prejudice to any claim or right the Company might otherwise have, to cancel the contract in whole or in part or to suspend deliveries there under if the buyer is in breach of any of the contract or becomes insolvent or being a body corporate has a receiver or administrator appointed or passed a resolution for winding up or a court makes any order that effect, or being individual or partnership makes any composition or arrangement with his or their creditors, or has a receiving order made against him or them.
Assignment - The contract shall not be assigned by the buyer without prior written consent of the Company.
Defects
If the Company is not notified in writing of any defect within 3 days of delivery, the buyer shall be deemed to have examined and accepted the goods in good condition and free from any defects and supplied in accordance with all the specifications of the order.
The Company's laibility for consequential loss shall not exceed the invoice value of the defective goods.
Subject as expressly provided in these conditions and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest permitted by law
Refusal of Delivery - If the buyer refuses to accept delivery, the return carriage and/or storage of the goods will be at the exp-ense and risk of the buyer without prejudice to any other rights of the Company under these conditions or otherwise. The customer will be required to pay a 15% re-stocking fee.
Availability of Goods Any quotation given by the Company shall not constitute an offer for sale or a representation that those goods are available for sale.
Set Off - The buyer shall not be entitled to withold payment of any amount payable under the contract to the Company because of any disputed claims of the the buyer in respect of faulty goods or any other alleged breach of the contract, nor shall the buyer be entitled to set-off against any amount payable under the contract to the Company any monies which are not then presently payable by the Company or for which the Company disputes liability.
English Law
Faulty Goods - In the rare event of you encountering a fault with any item purchased from us. please ensure you call us prior to returning the item, so we can advise what the policy is relating to that particular item. Manufacturer's faulty returns policies vary, so we would need to advise you accordingly in the event of a fault. For car seats and wheeled goods we advise the consumer should call the manufacturers careline number (which will be provided with the item) as they will be able to deal with any problems or faults relating to the item directly - For example they may send out replacement parts directly which we do not hold. Consumers who buy Cosatto should note they MUST register on the Cosatto website within 2 weeks of purchase. Some suppliers guarantees may apply in the Uk only, so any goods exported must come back to the UK first before we can deal with any issue.
Product Representation - We have made every effort to display the products as accurately as possible: however, customers should be aware that the pictures are a representation of the product and there may be small differences to the actual product, for example as the colours you will see will depend upon your monitor we cannot guarantee the colour will be accurate. We also aim to describe the product as accurately as posible, and should a product be misrepresented or the products should change we will endeavour to change the description as soon as possible. We do recommend that customers rely on the manufacturers guideline or websites for descriptions. On items like the cotton sleepsuits, bodysuits, hats, mitts and bootees (if advertised for sale), the print may vary slightly from the picture shown. Customers should be aware that the sizes on the clothing are an approximate guideline. As all babies are individuals, their size may vary according to their age, ahd therefore we cannot guarantee all garments will fit perfectly.
Warranties - Please check individual products for their warranties. Warranties start from delivery date. Some product warranties do not apply outside the United Kingdom.
Terms and Conditions are subject to change without prior notification. We advise all customers to regularly read our terms and conditions to keep up to date.
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