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OUR TERMS
1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply the
Goods to you.
1.2 Why you should read them. Please read these terms before you submit your order to us.
These terms tell you who we are, how we will provide Goods to you, how you and we may
change or end the Contract, what to do if there is a problem and other important information.
If you think there is a mistake in these terms or if you think that these terms require any
changes, please contact us.
2. About us
2.1 Company details. The Pregnancy Calendar Company Limited (company number
12508003) (we and us), is a company registered in England and Wales and our
registered office is at 20 Tudor Gardens Leigh on Sea SS9 3AF. We operate the website
www.thepregnancycalendar.co.uk
2.2 Contacting us. To contact us email info@thepregnancycalendar.co.uk. How to give us
formal notice of any matter under the Contract is set out in clause 18.2.
2.3 Contacting you. If we have to contact you we will do so by telephone or by Writing to
you at the email address or postal address you provided to us in your order.
2.4 Writing. Includes emails. When we use the words “writing” or “written”, this includes
emails.
3. Our Contract with you
3.1 Our Contract. These terms and conditions (Terms) apply to the order by you and
supply of goods by us to you (Contract). No other terms are implied by trade, custom,
practice or course of dealing.
3.2 Entire agreement. The Contract is the entire agreement between us in relation to its
subject matter. You acknowledge that you have not relied on any statement, promise or
representation or assurance or warranty that is not set out in the Contract.
3.3 Language. These Terms and the Contract are made only in the English language.
3.4 Your copy. You should print a copy of these Terms or save them to your computer for
future reference.
4. Placing an order and its acceptance
4.1 Placing your order. Please follow the onscreen prompts to place an order. Each order
is an offer by you to buy the goods specified in the order (Goods) subject to these
Terms.
4.2 Correcting input errors. Our order process allows you to check and amend any errors
before submitting your order to us. Please check the order carefully before confirming it.
You are responsible for ensuring that your order is complete and accurate.
4.3 Acknowledging receipt of your order. After you place an order, you will receive an
email from us acknowledging that we have received it together with an order number,
but please note that this does not mean that your order has been accepted. Our
acceptance of your order will take place as described in clause 4.4. It will help us if you
can tell us the order number whenever you contact us about your order.
4.4 Accepting your order. Our acceptance of your order will take place when we email you
to accept it, at which point the Contract between you and us will come into existence.
4.5 If we cannot accept your order. If we are unable to supply you with the Goods for any
reason, we will inform you of this by email and we will not process your order. If you
have already paid for the Goods, we will refund you the full amount including any
delivery costs charged as soon as possible.
4.6 We may refuse to process a transaction for any reason or refuse service to anyone at
any time at our sole discretion. We will not be liable to you or any third party by reason of
so refusing or by reason of unwinding or suspending any transaction after processing
has begun.
5. Our goods
5.1 The images of the Goods and the items contained within on our site are for illustrative
purposes only. Although we have made every effort to display the colours accurately, we
cannot guarantee that your computer's display of the colours accurately reflect the colour
of the Goods. The colour of your Goods may vary slightly from those images.
5.2 We reserve the right to exchange any item included within the Goods at our discretion
provided that any such item or items that are replaced shall be of a similar quality and
value.
5.3 The packaging of your Goods may vary from that shown on images on our site.
5.4 We reserve the right to amend the specification of the Goods if required by any
applicable statutory or regulatory requirement.
6. Suspension of supply of Goods to you
6.1 We may have to suspend the supply of Goods or an item contained within the Goods to:
6.1.1 deal with technical problems or make minor technical changes;
6.1.2 update the Goods or an item forming part of the Goods to reflect changes in relevant
laws and regulatory requirements;
6.1.3 make changes to the Goods or an item forming part of the Goods notified by us to you
6.2 We will contact you in advance to tell you we will be suspending the supply of the Goods
or an item forming part of the Goods, unless the problem is urgent or an emergency.
You may contact us to end the contract for the Goods if we suspend it or tell you we are
going to suspend it, in each case for more than 20 working days and we will refund any
sums you have paid in advance for the Goods
6.3 If you do not pay us for the Goods when you are supposed to and you still do not make
payment within 5 days of us reminding you that payment is due, we may suspend the
supply of the Goods until you have paid us the outstanding amounts. We will contact you
to tell you we are suspending the supply of the Goods. We will not suspend the products
where you dispute the unpaid invoice. We will charge you for the Goods during the
period for which they are suspended. As well as suspending the Goods we can also
charge you interest on your overdue payments
7. Return and refund
7.1 You may cancel the Contract and receive a refund, if you notify us as set out in clause
2.2 within 48 hours of you placing your order.
7.2 You can also email us at info@thepregnancycalendar.co.uk.. If you are emailing us
please include details of your order to help us to identify it. If you send us your
cancellation notice by email or by post, then your cancellation is effective from the date
you send us the email or post the letter to us. For example, you will have given us notice
in time as long as you email us before midnight on that day.
7.3 If you have returned the Goods to us under this clause 6.5 because they are faulty or
mis-described, we will refund the price of the Goods and will refund you on the credit
card or debit card used by you to pay.
7.4 We will only accept the return of the Goods once delivered if they are unopened and in
the original packaging save where the Goods have been returned because they are
faulty or mis-described.
7.5 If Goods have been delivered to you before you decide to cancel the Contract then you
must return them to us without undue delay and in any event not later than 7days after
the day on which you let us know that you wish to cancel the Contract. In the event of
Goods having to be returned we shall either at our discretion arrange for collection from
the delivery address or provide you with an address for the Goods to be returned to.
8. Delivery, transfer of risk and title
8.1 We will contact you with an estimated delivery date, which will be within 7 days after the
date on which we email you to confirm our acceptance of your order. Occasionally our
delivery to you may be affected by an Event Outside Our Control. See clause 16 (Events
outside our control) for our responsibilities when this happens.
8.2 Delivery is complete once the Goods have been unloaded at the address for delivery set
out in your order and the Goods will be at your risk from that time.
8.3 Our method of delivery of the Goods will vary between Royal Mail or other Courier
Service. You will be notified on dispatch as to the identity of the delivery agent. If no one
is available at your address to take delivery please see the terms and conditions of the
delivery agent for guidance on their policies.
8.4 We take all reasonable precautions to ensure the Goods and the items inside the Goods
are carefully packaged with protective wrapping to ensure they arrive as it was when it
was packed by us, however, if on delivery the Goods are found to be damaged you must
notify us by email to info@thepregnancycalendar.co.uk within 5 working days of delivery
of the Goods quoting the order number, details of the damage and any photographic
evidence we may reasonably require.
8.5 If the Goods are found to be damaged on delivery and you have notified us pursuant to
Clause 8.4 we may at our discretion request that you return either the whole of the
Goods to us or any item or items contained within the Goods. We will arrange for
collection by Royal Mail or a courier at our own cost from the delivery address. If you do
not make available the Goods/Items to be returned at the agreed date and time we
reserve the right to charge you for the cost of arranging such collection and any further
costs incurred in arranging any further collection.
8.6 If you do not collect the Goods from the delivery agent , after a failed deliver to you, you
do not re-arrange delivery, collect them from a delivery depot or the Goods are returned
to us, we will contact you for further instructions and may charge you for storage costs
and any further delivery costs. If despite our reasonable efforts either the delivery agent
or we are unable to contact you to rearrange delivery we may end the Contract and
clause 15 will apply.
8.7 You own the Goods once we have received payment in full, including of all applicable
delivery charges.
8.8 If we fail to deliver the Goods, our liability is limited to the cost of supplying replacement
goods of a similar description and quality in the cheapest market available, less the price
of the Goods. However, we will not be liable to the extent that any failure to deliver was
caused by an Event Outside Our Control, or because you failed to provide adequate
delivery instructions or any other instructions that are relevant to the supply of goods.
9. No international delivery
9.1 Unfortunately, we do not deliver to addresses outside the UK.
9.2 You may place an order for Goods from outside the UK, but this order must be for
delivery to an address in the UK.
10. Price of goods and delivery charges
10.1 The prices of the Goods will be as quoted on our site at the time you submit your order.
We take all reasonable care to ensure that the prices of Goods are correct at the time
when the relevant information was entered onto the system. However, please see 10.5 for
what happens if we discover an error in the price of Goods you ordered.
10.2 Prices for our Goods may change from time to time, but changes will not affect any order
you have already placed.
10.3 The price of Goods excludes VAT (where applicable) at the applicable current rate
chargeable in the UK for the time being. However, if the rate of VAT changes between
the date of your order and the date of delivery, we will adjust the VAT you pay, unless
you have already paid for the Goods in full before the change in VAT takes effect.
10.4 The price of the Goods does not include delivery charges. The costs of delivery will be
as displayed to you on our website.
10.5 It is always possible that, despite our best efforts, some of the Goods we supply may be
incorrectly priced. We will normally check prices before accepting your order so that
whew the correct price at your order date is less than our stated price at your order date,
we will charge the lower amount. If the Goods correct price at your order date is higher
than the price stated to you we will contact you for your instructions before we accept
your order. If we accept and process your order where a pricing error is obvious and
unmistakeable and could reasonably have been recognised by you as mispricing, we
may end the contract and refund you any sums you have paid
11. How to pay
11.1 You can only pay for Goods using a debit card or credit card or bank transfer. We accept
the following cards: Visa, MasterCard, Maestro, Paypal
11.2 Payment for the Goods and all applicable delivery charges is in advance. We will not
charge your debit card or credit card until we dispatch your Goods.
11.3 If you do not make payment of all sums due for the Goods by the due date we may
charge you interest on the overdue amount at the rate of 4% per annum above the base
lending rate for Barclays Bank Plc from time to time. This interest shall accrue on a daily
basis from the due date until the date of actual payment of the overdue amount whether
before or after judgement. You must pay interest together with the overdue amount.
11.4 If you think that an invoice is wrong please contact us promptly to let us know. You will
not have to pay interest until the dispute is resolved. Once the dispute is resolved we will
charge you interest on the correctly invoiced sums from the original due date
12. Manufacturer's guarantee
12.1 Some of the Goods we sell to you come with a manufacturer's guarantee. For details of
the applicable terms and conditions, please refer to the manufacturer's guarantee
provided with the Goods.
12.2 Where items forming part of the Goods are supplied by third party manufacturers or
suppliers reasonable endeavours have been made to make available on our website
details of the product description of the items as supplied by the third party
manufacturers or suppliers and you should raise any enquiry as to the suitability of each
item with the relevant manufacturer or supplier prior to placing your order. We will not be
responsible for ensuring that the items are suitable for your purpose.
13. Our warranty for the goods
13.1 The Goods are intended for use only in the UK. We do not warrant that the Goods
comply with the laws, regulations or standards outside the UK.
13.2 If you have any questions or complaints about the product please contact us. You can
write to us at info@thepregnancycalendar.co.uk.
We are under a legal duty to supply products that are in conformity with this Contract. See the summary of your key legal rights in relation to the Goods below. Nothing in these terms willaffect your legal; rights.
Summary of your legal rights
This is a summary of your key legal rights. These are subject to certain exceptions. For
detailed information please visit the Citizens Advise Website www.adviceguide.org.uk or
call 03454040506
If your product is goods, the Consumers Rights Act 2015 says goods must be as
described, fit for purpose and of satisfactory quality. During the expected lifespan of
your product your legal rights entitle you to the following:
a) Up to 30 days – if your goods are faulty, then you can get an immediate refund.
b) Up to six months – if your goods cannot be repaired or replaced, you are entitled
to a full refund in most cases.
c) Up to six years – if your goods do not last a reasonable length of time you may be
entitled to some money back.
13.3 The terms implied by sections 14 to 16 of the Sale of Goods Act 1979 are, to the fullest
extent permitted by law, excluded from the Contract.
13.4 These Terms also apply to any repaired or replacement Goods supplied by us to you.
14. Our liability: your attention is particularly drawn to this clause
14.1 References to liability in this clause 14 include every kind of liability arising under or in
connection with the Contract including but not limited to liability in Contract, tort
(including negligence), misrepresentation, restitution or otherwise.
14.2 We only supply the Goods for domestic and private use. If you use the Goods for any
commercial, business or re-sale purpose we will have no liability to you for any loss of
profit, loss of business, business interruption, or loss of business opportunity.
14.3 We are responsible to you for foreseeable loss and damage caused by us. If we fail to
comply with these terms, we are responsible for loss or damage you suffer that is a
foreseeable result of us breaking this Contract, or failing to use reasonable care and
skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or
damage is foreseeable if either it is obvious that it will happen or if at the time the
Contract was made, both we and you knew it might happen.
14.4 We do not exclude or limit in any way our liability to you where it would be unlawful to do
so. This includes liability for death or personal injury caused by our negligence or the
negligence of our employees, agents or subcontractors for fraud or fraudulent
misrepresentation, for breach of your legal rights in relation to the Goods and for
defective products under the Consumer Protection Act 1982.
14.5 Except as expressly stated in these Terms, we do not give any representations,
warranties or undertakings in relation to the Goods. Any representation, condition or
warranty which might be implied or incorporated into these Terms by statute, common
law or otherwise is excluded to the fullest extent permitted by law. In particular, we will
not be responsible for ensuring that the Goods are suitable for your purposes.
15. Termination
15.1 Without limiting any of our other rights, we may suspend the supply or delivery of the
Goods to you, or terminate the Contract with immediate effect by giving written notice to
you if:
a) you fail to pay any amount due under the Contract on the due date for payment
and you still do not make payment within 7 days of us reminding you that
payment is due;
b) You do not, within a reasonable time of us asking for it, provide us with
information that is necessary for us to provide the Goods, if for example but not
limited to, the delivery address;
c) You do not, within a reasonable time, allow us to deliver the Goods to you.
15.2 If we end the Contract in the situations set out in clause 15.1 we will refund you any
money you have paid in advance for Goods we have not provided, however, we may
deduct or charge you reasonable compensation to the net cost we will incur as a result
of you breaking the Contract.
15.3 We may write to you to let you know that we are going to stop providing the Goods or an
item contained within the Goods. We will let you know as soon as reasonably practicable
in advance of our stopping supply of the Goods or the specific item and will refund any
sums you have paid in advance for the Goods or items which will not be supplied save
where an item has been exchanged in accordance with Clause 5.2.
15.4 Termination of the Contract shall not affect your or our rights and remedies that have
accrued as at termination.
15.5 Any provision of the Contract that expressly or by implication is intended to come into or
continue in force on or after termination shall remain in full force and effect.
16. Events outside our control
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of,
any of our obligations under the Contract that is caused by any act or event beyond our
reasonable control (Event Outside Our Control).
16.2 If an Event Outside Our Control takes place that affects the performance of our
obligations under the Contract:
we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for
performance of our obligations will be extended for the duration of the Event
Outside Our Control. Where the Event Outside Our Control affects our delivery
of Goods to you, we will arrange a new delivery date with you after the Event
Outside Our Control is over.
16.3 You may cancel the Contract affected by an Event Outside Our Control which has
continued for more than 30 days. To cancel please contact us. If you opt to cancel, you
will have to return (at our cost) any relevant Goods you have already received and we
will refund the price you have paid, including any delivery charges.
17. How we may use your personal information
17.1 We will only use your personal information as set out in our Privacy Policy.
18. Communications between us
18.1 When we refer to "in writing" in these Terms, this includes email.
18.2 Any notice or other communication given by one of us to the other under or in
connection with the Contract must be in writing and be delivered personally, sent by prepaid
first class post or other next working day delivery service, or email.
18.3 A notice or other communication is deemed to have been received:
(a) if delivered personally, on signature of a delivery receipt [or at the time the
notice is left at the proper address;
(b) if sent by pre-paid first class post or other next working day delivery service, at
9.00 am on the second working day after posting; or
if sent by email, at 9.00 am the next working day after transmission.
18.4 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 email, that such email was sent to the specified email address of the addressee.
18.5 The provisions of this clause shall not apply to the service of any proceedings or other
documents in any legal action.
19. General
19.1 Assignment and transfer.
(a) We may assign or transfer our rights and obligations under the Contract to
another entity but will always notify you in writing or by posting on this webpage
if this happens.
(b) You may only assign or transfer your rights or your obligations under the
Contract to another person if we agree in writing.
19.2 Variation. Any variation of the Contract only has effect if it is in writing and signed by
you and us (or our respective authorised representatives).
19.3 Waiver. If we do not insist that you perform any of your obligations under the Contract,
or if we do not exercise our rights or remedies against you, or if we delay in doing so,
that will not mean that we have waived our rights or remedies against you or that you do
not have to comply with those obligations. If we do waive any rights or remedies, we will
only do so in writing, and that will not mean that we will automatically waive any right or
remedy related to any later default by you.
19.4 Severance. Each paragraph of these Terms operates separately. If any court or relevant
authority decides that any of them is unlawful or unenforceable, the remaining
paragraphs will remain in full force and effect.
19.5 Third party rights. The Contract is between you and us. No other person has any rights
to enforce any of its terms.
19.6 Governing law and jurisdiction. This Contract is governed by English law and each
party irrevocably agrees to submit all disputes arising out of or in connection with this
Contract to the exclusive jurisdiction of the English courts.
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