Terms and Conditions

This page (together with the documents expressly referred to on it) provides information to you about us and the legal Terms and Conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract).

Please read these Terms carefully and please make sure you fully understand them before you order any Products from our site. Before placing an order you will be asked to agree to these Terms.

These terms and conditions apply between you the ‘User’ of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and Babycup Ltd, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Babycup Ltd and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Babycup Ltd and accessing the Website in connection with the provision of such services.

You can only purchase Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

If you refuse to accept these Terms, you will not be able to order any Products from our site. You should print a copy of these Terms or save them to your computer, for future reference.

We reserve the right to amend these Terms from time to time. Every time you wish to order Products, please check these Terms to ensure you understand the Terms which will apply at that time. These Terms were most recently updated on 27 April 2017.

These Terms, and any Contract between us, are written in the English language.

If you are uncertain as to your rights under these Terms or have any questions about them please contact us (contact details on our CONTACT US page) BEFORE you place an order.

By ordering goods from us at www.babycup.co.uk or www.babycup.com you enter into a legally binding agreement with us on the basis as set out in these Terms and their associated documents. You should read and understand these Terms because they affect your rights and liabilities.

These conditions set out the basis for purchase by you and sale by us of the products described on www.babycup.co.uk and www.babycup.com.

We hope you will be happy with your purchase from Babycup Ltd. Should you wish to return your item please send written notification and return the item in its original packaging in a perfect, saleable condition to be received by us within 14 working days. (We recommend that you use Recorded or Special Delivery postage for this.) Refunds cannot be given for the cost of posting returns. Full refunds of product, delivery and return postage will be given where an item is deemed faulty upon receipt, in line with The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Your right to cancel an order for goods purchased from our Website starts when you receive the goods and lasts for 14 days.

As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, please phone us on +44 (0)1483 866081 or email us at hello@babycup.co.uk. Our normal operating hours are UK business hours 9am-5pm.

Information about Us and Use of our Site
This site is owned and operated by Babycup Ltd (also known as ‘Babycup™ or Babycup’). If you continue to use or browse this website you are agreeing to comply with, and be bound by, our terms and conditions, which, in conjunction with our privacy policy, govern Babycup™’s relationship with you with regards to this website and any electronic communications. The terms ‘Babycup’, ‘Babycup™’ or ‘us’ or ‘we’ refer to the owner and operator of this website whose correspondence address is Babycup Ltd, Fairwinds, Northcote Road, West Horsley, Surrey, KT24 6LS, UK. The term ‘you’ refers to the user or viewer of this website. If you disagree with any element of these terms and conditions, including our Privacy Policy, please do not continue to use our website. If you would like to ask us anything about these terms and conditions or our privacy policy, or have any comments or complaints, please email us at hello@babycup.co.uk or write to us at the above address.

Your use of our site is governed by our Terms of website use. Please take the time to read these, as they include important terms which apply to you.

Application

These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Babycup Ltd a company registered in England and Wales under number 08422918 whose registered office is at The MAK Practice Chiltlee Manor , Haslemere Road Liphook , Hampshire, GU30 7AZ, UK and whose trading address is Fairwinds House, Northcote Road, Surrey, KT24 6LS, UK with email address hello@babycup.co.uk; telephone number +44 (0)1483 866081; (the Supplier or us or we).

These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked ‘I Accept’. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.

Interpretation

Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;

Contract means the legally-binding agreement between you and us for the supply of the Goods;

Delivery Location means the Supplier’s premises or other location where the Goods are to be supplied, as set out in the Order;

Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;

Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;

Order means the Customer’s order for the Goods from the Supplier as submitted following the step by step process set out on the Website;

Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;

Website means our websites www.babycup.co.uk or ww.babycup.com on which the Goods are advertised.

Goods

The description of the Goods is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied.

In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.

All Goods which appear on the Website are subject to availability.

We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.

Personal information

We retain and use all information strictly under the Privacy Policy.

We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.

Please visit our Privacy Policy for details of how we will use your data. Our privacy policy forms part of our Terms and Conditions. If you give us your personal details you are accepting these terms. If you give us your personal details and then decide you do not wish us to use your details anymore, please contact us by email at hello@babycup.co.uk. Once you have purchased with us, from time to time we may wish to send you our latest information, updates or special offers. We may also use your details to manage your purchases – for example, we may send you a confirmation email. You can ask questions regarding our privacy policy by emailing us at hello@babycup.co.uk – you can also contact us at this email address should you wish to update your information or mailing preferences.

Basis of Sale

The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.

The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.

A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event, not later than the delivery of any Goods supplied under the Contract.

Any quotation is valid for a maximum period of 1 day from its date, unless we expressly withdraw it at an earlier time.

No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.

We intend that these Terms and Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case, you must tell us, so that we can provide you with a different contract with terms which are more appropriate for you and which might, in some respects, be better for you, e.g. by giving you rights as a business.

Price and Payment

The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

Prices and charges include VAT at the rate applicable at the time of the Order.

You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Goods.

Delivery

We will deliver the Goods, to the Delivery Location by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.

In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other remedies) treat the Contract at an end if:

we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you said to us before the Contract was made that delivery on time was essential; or

after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.

If you treat the Contract at an end, we will (in addition to other remedies) promptly return all payments made under the Contract.

If you were entitled to treat the Contract at an end, but do not do so, you are not prevented from cancelling the Order for any Goods or rejecting Goods that have been delivered and, if you do this, we will (in addition to other remedies) without delay return all payments made under the Contract for any such cancelled or rejected Goods. If the Goods have been delivered, you must return them to us or allow us to collect them from you and we will pay the costs of this.

If any Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot cancel or reject the Order for some of those Goods without also cancelling or rejecting the Order for the rest of them.

Our normal areas of delivery are England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.

You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them.

We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date. We cannot be held responsible for delays beyond our control. If we are unable to make the delivery date, we will contact you. If delivery cannot be made within 30 days of the given delivery date you will be entitled to either arrange a revised date or cancel the order and receive a full refund.

Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled, we will refund you any monies already paid by you and any reasonable return costs incurred by you.

 

Risk and Title

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Withdrawal and cancellation

You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability.

You can cancel the Contract except for any Goods which are made to your special requirements (the Returns Right) by telling us no later than 14 calendar days from the day the Contract was entered into, if you simply wish to change your mind and without giving us a reason, and without liability, except in that case, you must return to any of our business premises the Goods in undamaged condition at your own expense. Then we must without delay refund to you the price for those Goods which have been paid for in advance, but we can retain any separate delivery charge over and above our standard postage charge. This does not affect your rights when the reason for the cancellation is any defective Goods. This Returns Right is different and separate from the Cancellation Rights below.

This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:

goods that are made to your specifications or are clearly personalised;

goods which are liable to deteriorate or expire rapidly.

Also, the Cancellation Rights for a Contract cease to be available in the following circumstances:

in the case of any sales contract, if the goods become mixed inseparably (according to their nature) with other items after delivery.

Right to cancel

Subject as stated in these Terms and Conditions, you can cancel this contract within 14 days without giving any reason.

The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods. In a contract for the supply of goods over time (i.e. subscriptions), the right to cancel will be 14 days after the first delivery.

To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post or email). You can use the attached model cancellation form, but it is not obligatory. In any event, you must be able to show clear evidence of when the cancellation was made, so you may decide to use the model cancellation form. Our email address is hello@babycup.co.uk

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation in the cancellation period

Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you including the basic/standard delivery charge. No reimbursement will be given for the cost of returning items.

Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled, we will refund you any monies already paid by you and any reasonable return costs incurred by you.

Deduction for Goods supplied

We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.

Timing of reimbursement

If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:

14 days after the day we receive back from you any Goods supplied, or

(if earlier) 14 days after the day you provide evidence that you have sent back the Goods.

If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

Returning Goods

If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us at Fairwinds House, Northcote Road, Surrey, KT24 6LS, UK without delay and in any event, not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

For the purposes of these Cancellation Rights, these words have the following meanings:

distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;

sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.

Conformity

We have a legal duty to supply the Goods in conformity with the Contract, and will not have conformed if it does not meet the following obligation.

Upon delivery, the Goods will:

be of satisfactory quality;

be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and

conform to their description.

It is not a failure to conform if the failure has its origin in your materials.

Successors and our sub-contractors

Either party can transfer the benefit of this Contract to someone else, and will remain liable to the other for its obligations under the Contract. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.

Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control:

the party will advise the other party as soon as reasonably practicable; and

the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery and any right to cancel, below.

Excluding liability

The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier’s other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer’s business, trade, craft or profession which would not be suffered by a Consumer – because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.

Governing law, jurisdiction and complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.

Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.

We will try and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you wish to take court proceedings, you must do so within the United Kingdom.

Any headings or sections in these Conditions are for convenience only and will not affect their interpretation.

The content of the pages of this website is for your general information and use only. It is subject to change without notice. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look text, appearance, photographs and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. Unauthorised use of this website may give rise to a claim for damages and or be a criminal offence. Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Accuracy of content
Babycup™ has taken every care in the preparation of the content of this website. We endeavour to keep this website up to date and accurate and fair. All prices shown are inclusive of VAT unless otherwise stated. All products have been described and depicted as accurately as possible and in good faith and all colours displayed as accurately as possible. Please be aware that the colours you see on screen depend on your monitor or electronic viewing device and as such we cannot guarantee that any colour will accurately reflect the colour of the product on delivery. The information contained in this website is for general information purposes only and, whilst we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, regarding the accuracy, reliability, suitability, availability or completeness with respect to the website or the information, products, related graphics or images contained on the website for any purpose. Any reliance you place on any such information is done so entirely at your own risk.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, performance, completeness, timeliness or suitability of the information and materials offered or seen on this website for any purpose. You acknowledge that this information and these materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display colours accurately, we cannot guarantee that your computer’s or device’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from the images.
The packaging of the Products may vary from that shown on images on our site.
All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

Links to other websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Babycup Ltd or that of our affiliates.

We assume no responsibility for nor control over the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.

The inclusion of a link to another site on this Website does not imply any recommendation or endorsement of the sites themselves or of those in control of them or agreement with views expressed within them.

Damage to your computer
Babycup™ makes every effort to ensure that this website is free from viruses or defects. However, in no event will we be liable for any loss or damage, including, and without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website or any websites you may link to from this website. Through this website you are able to link to other websites which are not under the control of Babycup™. Babycup™ has no control over the nature of these websites. Nor does Babycup™ exercise any control over the content or availability of those websites. The inclusion of links does not necessarily imply a recommendation nor do they imply that Babycup™ endorses any views expressed within them.

Technical issues
Babycup™ makes every effort to ensure the smooth-running of this website. However, we take no responsibility for, and will not be liable for, this website being temporarily unavailable at any time.

Privacy Policy, Cookies and Data

Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy , which includes our Cookies policy, please click on the following: https://babycup.com/privacy-and-cookies-policy .

Our website’s servers may be situated outside of the European Economic Area (EEA). Financial transactions are carried out by secure payment gateways and Babycup Ltd does not hold, nor have access to, confidential or personal payment data, such as, but not limited to, payment card numbers and security information.
Any online facilities, tools, services or information that Babycup Ltd makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Babycup Ltd is under no obligation to update information on the Website.

Whilst Babycup Ltd uses reasonable endeavours to ensure that the Website is secure and free of defects, errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

Babycup Ltd accepts no liability for any disruption or non-availability of the Website. Babycup™ makes every effort to ensure the smooth-running of this website.  However, we take no responsibility for, and will not be liable for, this website being temporarily unavailable at any time.

Babycup Ltd reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Please visit our Privacy Policy for details of how we will use your data. Our privacy policy forms part of our Terms and Conditions. If you give us your personal details you are accepting these terms. If you give us your personal details and then decide you do not wish us to use your details anymore, please contact us by email at hello@babycup.co.uk. Once you have purchased with us, from time to time we may wish to send you our latest information, updates or special offers. We may also use your details to manage your purchases – for example, we may send you a confirmation email. You can ask questions regarding our privacy policy by emailing us at hello@babycup.co.uk – you can also contact us at this email address should you wish to update your information or mailing preferences.
Cookies
Like many websites, we use ‘cookies’. Cookies are small files that websites place on your hard drive so that it can remember something about you at a later date. Please visit our Privacy Policy for full details of cookies on the Babycup™ website.

Limitation of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

Babycup™ shall not be liable for any consequential loss whether this arises from breach of duty in contract or any other way.  Liability for any claim shall not exceed the price of the goods supplied.  This does not affect your statutory rights.

To the maximum extent permitted by law, Babycup Ltd accepts no liability for any of the following:

any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

loss or corruption of any data, database or software;

any special, indirect or consequential loss or damage.

Babycup™ takes all reasonable steps to ensure a reliable website service, however we cannot guarantee that your use of this website will be interruption or error free and cannot be responsible or liable to you for any disruption, loss or corruption of any content or material downloaded or transmitted through the website.  We reserve the right to suspend the use of the Babycup™ website at any time to perform essential maintenance, update information and to remove any inaccurate or unauthorised material.

Use of this website from outside the UK
Babycup Ltd makes no representation that any products or services referred to in the materials on this website are appropriate for use, or available, in other locations.  Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

Payment
We take payment from your debit or credit card at the time we receive your order, once we have checked your card details. We use a secure payment system called Worldpay. Fraud checks may be carried out on our orders. Fraud checks involve checks on details provided curing the order process including the address details. This might involve your details being passed to a 3rd party fraud checking company. On occasion we may ask for additional information in order to process your purchase. We will process all checks and transactions as quickly as possible. On occasion however delays in the despatch of goods may be incurred.

Goods are subject to availability. In the event that we are unable to supply goods ordered, we will inform you as soon as possible and will ensure you receive a full refund if you have already paid for the goods.

The price payable is the price displayed on this website at the time your ordered is received by us. We endeavour to ensure all prices displayed on our website are correct. If we discover an error in the price of goods or postage you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling your order. If we are unable to contact you we shall treat the order as cancelled and if you have already paid we will refund you in full.

Title to any products you order on this website shall pass to you on delivery of the products, provided that we have processed and received payment in full for said products.

Orders
When placing an order with Babycup™, you agree that any and all the information given is accurate and complete. All orders are subject to acceptance and product availability.

Credit and debit card transactions
We accept payment with the following debit and credit cards: Visa, Visa Debit, Visa Electron, Mastercard, Amex, Maestro, Diners and JCB. In some regions we may also accept American Express. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not for any reason authorise payment to us we will not be liable for any delay or non-delivery. All credit and debit card transactions are taken in the UK and our transaction currency is in UK Pounds (£) on www.babycup.co.uk and in US Dollars ($) on www.babycup.com.

Availability
All goods are subject to availability. We will inform you as soon as possible if goods you have ordered are not available.

Acknowledgement and acceptance of your order
If you have supplied us with your email address, we will notify you by email as soon as possible to confirm receipt of your order. Our acceptance of your order will take place upon despatch of the goods ordered.

Your order
Our objective is to offer you complete satisfaction with your order and the service we provide. When you place an order online with us you do so in the confidence that the terms and conditions outlined apply and by placing an order with us you are agreeing to accept these terms and conditions. The terms do not affect your statutory rights.

Our website
We reserve the right to amend these terms and conditions at any time. Any such amendments will take affect when they are placed on the Babycup™ website and should be read each time you use the Babycup™ website. Continued use of the Babycup™ website signifies your acceptance to be bound by our latest terms and conditions.

Your purchase
We take great care to ensure your Babycup™ product is as we describe. It has been tested to ensure EU and US legislation compliance and is manufactured to high standards in the UK. However, if you wish to return an item for refund or exchange please send it back in its original packaging in perfect, saleable condition within 7 working days of receipt. Please see below for further details.

Changing or cancelling orders
In the first instance please email hello@babycup.co.uk with your change/cancellation details. If your order has not yet been despatched then this will be possible FOC. If you have received the order and you wish to change /cancel goods, you may do so by returning the items to us in their original packaging and in a perfect, saleable condition at your own expense within 7 working days. We will refund you with what you have paid us for the goods. For changed goods we will charge you for sending new goods, including any relevant P&P charges.

Returns policy
We hope that you will be happy with your purchase. In the event that you are not, we will do all we can to help. Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 if you buy online or by telephone, your consumer rights entitle you to a full refund if you request one in writing and return the goods to us within 14 working days of receipt. This includes any standard delivery charge but does not include the cost of returning the items to Babycup™/or the cost of Babycup™ recovering the goods from you. You can write to us by email at hello@babycup.co.uk or by post to Babycup Ltd, Fairwinds, Northcote Road, West Horsley, Surrey, KT24 6LS, UK.

Returns address

For purchases from www.babycup.com you should mail returned goods to:

J.M. Field Marketing c/o Babycup Ltd (ref. Babycup web returns)

3570 NW 53RD COURT

FORT LAUDERDALE,

FL 33309 USA

It is important and fair that returned items are kept in the best possible condition so we ask that you please return them in their original packaging and in a perfect saleable condition. Ideally the packaging should be unopened.

Delivery discrepancies:
Any discrepancies must be reported as soon as is reasonable, preferably within 24 hours.

Missing items:
If an item is missing then we request that you notify us as soon as possible, preferably within 24 hours of initial receipt of delivery, so that we may investigate.

Faulty goods:
Damages must be reported as soon as is reasonable after the delivery, preferably within 24 hours of initial receipt of goods. In the first instance, please report the issue to Babycup with a full description of the alleged fault and we will advise on action required to remedy the situation.

Unwanted goods/wrongly ordered goods:
In the unlikely event that you should wish to return an item to Babycup™ we will offer you a ‘14 Day no quibble refund’, provided that you return the goods to us in their original packaging and in a perfect saleable condition. Our ‘14 Day no quibble refund’ provides you with 14 days in which to decide to keep your ordered items or return them to us for a refund. Babycup™ will deduct from any refund the cost of recovering goods from customers.
PLEASE NOTE THAT REFUNDS FOR UNWANTED OR WRONGLY ORDERED GOODS WILL NOT BE PROCESSED UNLESS :
(1) The goods are packaged in their original packaging and are in a saleable condition.
(2) The goods are delivered to us within 14 working days of the goods being received by you.

Geographical area
Our normal areas of delivery are England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
Gift-wrapping
We do not offer a gift-wrapping service at present.

Copyright Notice, Intellectual property and acceptable use

All Content included on the Website, unless uploaded by Users, is the property of Babycup Ltd, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission

You may, for your own personal, non-commercial use only, do the following:

retrieve, display and view the Content on a computer screen

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the express written permission of Babycup Ltd.

This website’s content that has been transferred from Babycup Ltd’s website ©2015 pre-dates the construction of this website and is copyright of Babycup ©2015.  All rights reserved. This website is copyright of Babycup ©2017.  All rights reserved.

Prohibited use

You may not use the Website for any of the following purposes:

in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;

in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
You may print or download to a local hard disk extracts for your personal and non-commercial use only
You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Changes to legal notices
We reserve the right to change these terms and conditions from time to time and you should look through them as often as possible.

Use of this website from outside the UK
Those who choose to access this site from other locations are responsible for compliance with local laws if and to the extent local laws are applicable.

Liability
Babycup™ shall not be liable for any consequential loss whether this arises from breach of duty in contract or any other way. Liability for any claim shall not exceed the price of the goods supplied. This does not affect your statutory rights.

Babycup™ takes all reasonable steps to ensure a reliable website service, however we cannot guarantee that your use of this website will be interruption or error free and cannot be responsible or liable to you for any disruption, loss or corruption of any content or material downloaded or transmitted through the website. We reserve the right to suspend the use of the Babycup™ website at any time to perform essential maintenance, update information and to remove any inaccurate or unauthorised material.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

Continued use of the Babycup™ website signifies your acceptance to be bound by our latest terms and conditions.

These terms and conditions together with the Privacy Policy and Cookies Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

These terms and conditions will be governed by and interpreted according to English law. All disputes arising under these terms and conditions will be subject to the exclusive jurisdiction of the English courts.

This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law.  The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of the UK.  All contracts are concluded in English.

These terms and conditions do not affect your legal rights.

Any headings or sections in these Conditions are for convenience only and will not affect their interpretation.

Babycup Ltd details

Babycup Ltd is a company incorporated in England and Wales with registered number 08422918 whose registered address is The MAK Practice Chiltlee Manor , Haslemere Road Liphook , Hampshire , GU30 7AZ, UK and it operates the Websites www.babycup.co.uk and www.babycup.com. The registered VAT number is GB158418923.

You can contact Babycup Ltd by email on hello@babycup.co.uk. Babycup Ltd’s contact telephone number usually operates within UK business hours Mon-Fri 9am-5pm and is +44(0)1483 866081.

Law, jurisdiction and language
This website, any content contained herein and any contract brought into being as a result of usage of this website are governed by and construed in accordance with English Law. The parties to any such contract agree to submit to the exclusive jurisdiction of the courts of England. All contracts are concluded in English.

These terms and conditions do not affect your legal rights.

Attribution

These terms and conditions were created using a document from Rocket Lawyer (https://www.rocketlawyer.co.uk).

Model cancellation Form

To
Babycup Ltd
Fairwinds House
Northcote Road
Surrey
KT24 6LS

United Kingdom

Email address: hello@babycup.co.uk
Telephone number: +44 (0)1483 866081

I/We[*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*] [for the supply of the following service [*], Ordered on [*]/received on [*]______________________(date received)

Name of consumer(s):

Address of consumer(s):

Signature of consumer(s) (only if this form is notified on paper)

Date