1.) APPLICABLE TERMS
1.1 The contractual relationship between us, Perfectly Happy People Ltd, and
you, the Customer, shall be subject to these terms and conditions.
1.2 Any amendment to these terms and conditions or additional documentation
relating to the contract shall only apply if approved in writing by us.
1.3 We may vary these terms and conditions from time to time at our discretion.
1.4 For purposes of these terms and conditions ‘United Kingdom’ excludes
postcodes: BT, HS, IM, GY, JE, KA27-28, PA20-88, PH14-50, PO30-41, TR21-25, and
2E.
2.) FORMATION OF CONTRACT
2.1 The goods offered by us (“the Goods”) may be ordered by you via the
internet, by telephone or in writing.
2.2 A contract will be formed on acceptance by us of your order.
2.3 Acceptance will take place on notification of you by us of acceptance of
your order for the Goods. Submission of an order by you represents an offer to
purchase and we may for any reason decline to accept the order including non-
availability of the Goods.
2.4 If you choose to provide us with your email address you will receive
confirmation of your order by email. Otherwise orders placed using our website
will be confirmed on screen, orders placed by telephone will be confirmed
verbally at the time of order and written orders will be accepted verbally.
3.) CANCELLATION
3.1 You may cancel an order at any time up to the end of the twenty-eighth
working day from the date on which you received the Goods. Prior to shipment of
the Goods cancellation can be effected by telephoning Customer Services.
Cancellation of the order after receipt of the Goods shall be in accordance with
the directions indicated on the returns form.
3.2 If you received the Goods prior to cancellation you will return the Goods to
us without delay after cancellation in excellent condition suitable for resale
and in the original packaging.
3.3 Following notification of cancellation any sum relating to the cancelled
order shall be credited to you within 10 working days upon receipt of the Goods,
provided that the Goods are returned by you to us in the condition in which they
were delivered.
3.4 You will pay for the cost of return of the Goods unless the Goods are faulty
or damaged.
3.5 The right of cancellation shall not apply to personalised goods or to goods
made to your specification.
3.6 Owing to hygiene and safety reasons, the right of cancellation shall not
apply, to mattresses, mattress toppers, duvets, pillows, linen and bedding,
personal grooming products, toiletries, breast pumps, all nappies and related
items, children’s car seats, CDs, DVDs, tapes or other recording media, software
or video.
4.) RETURNS
4.1 If the Goods are faulty or damaged you will notify us by telephoning
Customer Services as soon as possible after delivery to obtain a Returns
Authorisation Number and arrange for a replacement.
4.2 If you are not completely satisfied with the Goods, a refund or exchange can
be organised providing the Goods are returned in original packaging and
excellent condition suitable for resale. You will notify us by telephoning
Customer Services as soon as possible after delivery to obtain a Returns
Authorisation Number and arrange for a refund or exchange. Postage and Packaging
are direct costs and in this instance will not be refunded. We suggest you
obtain proof of postage from your post office, as we cannot be held liable for
lost or damaged returns parcels.
5.) PRICE AND PAYMENT
5.1The price of the Goods shall be the price at the date of acceptance by us of
your order.
5.2 Delivery charges shall be notified to you and shall be added to the price of
the Goods.
5.3 Payment shall be made by you by credit card, debit card, cheque or postal
order.
5.4 Delivery shall only be made by us against cleared funds.
5.5 Prices are inclusive of VAT at the applicable rate where required.
6.) DELIVERY
6.1 We shall use our reasonable best endeavours to deliver the Goods to you
within 14 days of acceptance of your order at the address given to us by you,
however please allow up to 28 days for delivery.
7.) LIABILITY
7.1 Our liability to you for the Goods shall be limited to the purchase price of
the Goods.
7.2 We shall not be liable for any loss of use, loss of revenue or loss of
profit by you.
8.) EVENTS BEYOND THE CONTROL OF Perfectly Happy People Ltd
8.1 We shall have no liability to you for any failure to deliver or for any
delay in doing so or for any damage or defect to the Goods, which is caused by
any act or circumstance beyond our reasonable control including, without
limitation, strikes and other industrial disputes, breakdown of systems or
network access, flood, fire, explosion or accident.
9.) DATA PROTECTION
9.1 We may, unless otherwise notified by you, use your personal data to advise
you of other offers by us and subject to your prior consent, either verbally in
case of telephone orders or otherwise in writing, may disclose your personal
data to third parties for marketing purposes.
10.) ASSIGNMENT
10.1 Our rights and obligations and yours shall not be assigned without our
prior consent in writing.
11.) THIRD PARTY RIGHTS
11.1 A person who is not a party to the contract between ourselves and you shall
have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce
any term of the contract.
12.) PARTIAL INVALIDITY
12.1 If any of these terms and conditions shall or any part thereof are
unenforceable the enforceability of all other terms and conditions shall not be
affected.
13.) WAIVER
13.1 No failure by us to exercise any right or remedy under these terms and
conditions shall operate as a waiver of that right or remedy and no waiver by us
of any breach of these terms and conditions shall operate as a waiver of any
subsequent breach.
14.) NOTICES
14.1 All notices to us shall be in writing and sent to:
Customer Services
Perfectly Happy People Ltd
93 Bollo Lane
Chiswick
London W4 5LU
Email address:
info@thebabycatalogue.com
15.) LAW AND JURISDICTION
15.1 These terms and conditions shall be governed by and construed according
to English law and the English courts shall have exclusive jurisdiction
regarding any claim or matter arising under the terms and conditions.
16.) SPECIAL OFFERS AND VOUCHER CODES
16.1 Offers end on the designated date and will not be honoured thereafter.
You cannot claim offers in conjunction with any other voucher code offers you
are claiming for unless stated.
17.) PROMOTIONS
17.1 I accept and agree to be bound by the terms and conditions and consent to
the Promoter using my email address and other contact details to contact me
about the outcome of this promotion and about the Promoter’s other offers,
goods, services and promotions.
17.2 Earls Court Baby Show 2008 – the winner of our £100 voucher prize draw will be notified within two weeks of the last day of the Baby Show. The winner will agree to email a photo of the baby bump or the baby with a short testimonial on thebabycatalogue to vanessa@phpbaby.com