Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website www.kidsaware.co.uk ("our site") to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Information about us
www.kidsaware.co.uk is a site operated by Allergy Lifestyle Ltd. "Kidsaware" is our registered trademark. You must not display or use it in any manner without our prior written consent. The Head Office is based in The Innovation in Business Centre, GMIT Castlebar, Westport Road, Castlebar, Co Mayo, Ireland. Allergy Lifestyle is registered in the Republic of Ireland, RCN 518241.
By placing an order through our site, you warrant that you are (a) legally capable of entering into binding contracts and (b) that you are at least 18 years old.
How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation. The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
We may provide links to other web sites or resources. These are provided purely as a matter of convenience and we do not endorse the contents of those web sites. We cannot give any undertaking those products you purchase from companies to whose website we have provided a link will be of satisfactory quality. We are not responsible for the availability of these web sites, nor will we be liable in any way for any loss or damage, which you may suffer by using those web sites. If you decide to access linked third party web sites you do so at your own risk.
Prices and Payment
The price payable for the goods you order is as set out on our website at the time you place your order. Prices include VAT where applicable and are exclusive of delivery charges. Delivery charges will be added to the price of the goods at checkout. It may be necessary to change prices either up or down, from time to time, including any alterations to the rate of VAT. Kidsaware reserve the right to withdraw any goods from the website at any time and shall not be liable to anyone for withdrawing any goods from the website or for refusing to process an order.
Payment for all Products must be by credit or debit card. We accept payment with Visa Credit, Visa Debit, Master Card and Amex. We will not charge your credit or debit card until we dispatch your order.
While every effort has been made to portray items accurately, slight variations may occur. All measurements quoted are approximate and the reproduction of colours is as accurate as photographic and publishing processes will allow. Please note there may be variations in colours dependant on the calibration and settings of individual screens.
Availability and delivery
We aim to dispatch goods within 7 working days of receipt of your order. All items are subject to availability. If a product ordered by you is not in stock we will order it for you. As this may result in a delay, the customer will be notified and given the opportunity to agree a new delivery date or cancel the order. Delivery of the Goods shall be made to the customers address specified in the order and the customer must make arrangements to take delivery of the order when the order has been confirmed.
We ship to Ireland and the UK, if you live outside Ireland or the UK please e-mail firstname.lastname@example.org for product availability and shipping charges.
If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) days, beginning on the day after you receive the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy.
To cancel a Contract within the seven (7) day period, you must inform us in writing and return the Product(s) to us immediately. Returned Product(s) in respect of which you wish to receive a refund must be in the same condition in which you received them. (including all paperwork).
You will not have any right to cancel a Contract for the supply of any Products, which have been manufactured or ordered by us to your specifications.
Our refunds policy
When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day period as detailed in Consumer Rights above, we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us,
(b) for any other reason (for instance, because you claim that the Product is defective),
We will examine the returned Product and provided we are satisfied with the condition of the Product, we will either replace the item (if returned owing to a defect and usually within 7 working days of its return to us) or provide you with a refund. If you have requested a refund we will usually refund any money received from you using the same method originally used to pay. We will process the refund within 30 days. Products returned by you because of a defect will be refunded in full together with the delivery costs. Please note that bespoke and personalised items can only be returned or exchanged if faulty.
You are responsible for the cost and risk of loss or damage when returning the goods until they reach our warehouse, so you should take out enough postal insurance to cover their value.
Please take extra care to read the wash care instructions on each product as we cannot accept items for a refund or exchange if they have been damaged in the wash. This does not affect your statutory rights.
We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased. This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise [even if foreseeable]
If you order Products from our site for delivery outside the UK or Ireland, they may be subject to import duties and taxes, which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
Events outside our control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lockouts or other industrial action;
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
(e) Impossibility of the use of public or private telecommunications networks; or
(f) The acts, decrees, legislation, regulations or restrictions of any government.
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
Risk and title
The Products will be at your risk from the time of delivery.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
WorldPay handles the receiving of credit card details for us. Their service uses high-grade encryption via a Thawte certificate to ensure your details are safe when buying our products. Look for the yellow padlock in the bottom left of your browser when being asked for your card details, and double click it to get details of the security.
All rights, including copyright, for this website are owned by or licensed to Kidsaware. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Kidsaware You may not modify, distribute or re-post anything on this website for any purpose.
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Kidsaware by e-mail at email@example.com or in writing at our head office. We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
Our right to vary these terms and conditions
We have the right to revise and amend these terms and conditions from time to time. You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we provide you with the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).