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Conditions of Use

1.

TERfMS AND CONDITIONS

1.1

The following terms and conditions apply to all purchases by you of products from our website ("Products") from [Nursery World] Limited ("Nursery World") and you should read them carefully. We may vary these terms from time to time and thereforfe you should check them before you make a new purchase.

2.

APPLICATION OF TERMS

2.1

Subject to any variation under condition 2.2 this agreement shall be on these conditions to the exclusion of all other terms and conditions (including any terms or conditions which you purport to apply under any confirmation of order or other document) and shall apply to all purchases of Products from Nursery World.

2.2

When you place an order to purchase a product from nurseryworldonline.co.uk we will send you an e-mail confirming receipt of your order and containing details of your order. Your order represents an offer to Nursery World to purchase a Product which is accepted by us when we send an e-mail confirming receipt of your order. Any Products on the same order which have not been confirmed in an e-mail confirming receipt do not form part of that contract.

2.3

The purchase area of our website is secure and we use industry standard SSL encryption for the processing of all sensitive information.

3.

DELIVERY

3.1

Subject to stock availability, we will endeavour to despatch all Products within 7 days of the date of confirmation of order by us or within a reasonable time. Delivery is only included on orders over £100, a charge of £3.95 will be applied for orders under this amount. Please note that we are unable to send Products outside of the UK mainland.

3.2

Any dates specified by Nursery World for delivery of the Products are intended to be an estimate. If no dates are so specified, delivery shall be within a reasonable time.

4.

NON-DELIVERY

4.1

Any liability of Nursery World for non-delivery of the Products shall be limited to replacing the Products within a reasonable time, issuing a credit note or refund against any amount paid by you for the Products.

5.

PRICE

5.1

Unless otherwise agreed by Nursery World in writing, the price for the Products shall be the price set out on Nursery World´s website on the day of purchase.

5.2

The price for the Products shall be inclusive of any value added tax and inclusive of delivery charges where Products are to be delivered to you.

6.

PAYMENT

6.1

Payment of the price for the Products must be made by you by credit or debit card at the time of order. Your card will be debited on or before despatch of the Products to you.

7.

QUALITY

7.1

Where Nursery World is not the manufacturer of the Products, Nursery World shall endeavour to transfer to you the benefit of any warranty or guarantee given to Nursery World ("the Warranty").

7.2

Nursery World warrants that (subject to the other provisions of these conditions) upon delivery the Products shall:
(a) be of satisfactory quality within the meaning of the Sale of Goods Act 1979 (as amended);
(b) be reasonably fit for the purpose for which they are intended to be used.

7.3

Nursery World shall not be liable for a breach of the Warranty in condition 8.1 unless you give written notice of the defect to Nursery World within 14 days of the time when you discover or ought to have discovered the defect and in any event within the period of the Warranty.

7.4

Nursery World shall not be liable for a breach of the Warranty if:
(a) you make any further use of such Products after giving such notice; or
(b) the defect arises because you failed to follow Nursery World´s oral or written instructions or the instructions set out in the manufacturer's product manual as to the construction, storage, use or maintenance of the Products; or
(c) you alter or repair such Products without the written consent of Nursery World.

7.5

Subject to condition 7.3 and condition 7.4, if any of the Products do not conform with the Warranty Nursery World and/or the manufacturer of the Products shall at its option repair or replace such Products (or the defective part) or refund the price paid for such Products against production by you of a valid receipt provided that you return the Products or the part of such Products which is defective to Nursery World. Any other refunds or exchanges in respect of unused Products with their original packaging where there is no breach of the Warranty or any of the warranties shall be at Nursery World's discretion and in any event a refund or exchange will not be considered by Nursery World more than 30 days of the date of purchase or delivery.

Without prejudice, no refund or exchange will be given for:

(a) nappies, toiletries, bottles or other personal items;
(b) self-assembly furniture once partially or fully assembled;
(c) curtains and bedding once removed from packaging;

This does not affect your statutory rights

7.6

If Nursery World complies with condition 8.5 it shall have no further liability for a breach of the Warranty or any of the warranties in condition 8.2 in respect of such Products.

7.7

If you have comments about any of the Products or services supplied or provided to you please contact Nursery World at info@nurseryworldonline.com or by writing to us at the following address:

Nursery World
157 Victoria Road West
Cleveleys
FY5 3LB

8.

FORCE MAJEURE

8.1

Nursery World shall not be liable to you for any breach of this agreement, for delay or failure to perform if the delay or failure is due to acts of God, civil commotion, riots, explosion, floods, drought, fire, lock-outs, strikes or other labour disputes or other causes beyond our reasonable control. This does not affect your statutory rights.

9.

DATA PROTECTION

9.1

Nursery World will treat all of your personal information in accordance with all applicable UK data protection laws.

9.2

Your information will enable us to provide you with access to all parts of our site and to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary concerning your orders. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.

10.

CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS 2000

10.1

You have the right to cancel any order, but this right ends eight working days after the date of delivery of the Products. Nursery World will credit you for any cancelled items within 30 days of your cancellation. If Nursery World have delivered the Products by the date of cancellation you must return the Products to Nursery World within 14 working days of delivery and pay the costs of doing so. If you fail to return the Products in the specified time, Nursery World reserve the right to recover the Products from you and you will to pay the costs of Nursery World doing so.

10.2

Other than a cancellation in accordance with condition 10.1, no order for Products may be cancelled by you without the prior written consent of Nursery World. If Nursery World agrees to accept a cancellation it shall be entitled to charge you a minimum cancellation fee of twenty per cent of the price to cover the costs and expenses incurred by Nursery World as a result of the cancellation.

11.

GENERAL

11.1

Cookies are small amounts of information which we store on your computer. Unless you have indicated your objection when disclosing your details to us, our system will issue cookies to your computer when you log on to the site. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalise the content of the site for you. You may set up your computer to reject cookies although, in that case, you may not be able to use certain features on our site.

11.2

If we choose to waive any breach of, or any default under, any provision of this agreement by you, it will not prevent us from enforcing other rights, or the same rights at a later date.

11.3

This agreement is governed by English law and any disputes will be resolved non-exclusively by the English courts.

12.

If you have comments about any of the Products or services supplied or provided to you please contact Nursery World on: 01253 865562 at info@nurseryworldonline.com or by writing to us at the following address:

Nursery World
157 Victoria Road West
Cleveleys
Lancashire
FY5 3LB