1.1 These General Terms and Conditions (“Terms”) apply to all contracts concluded between you and us, Britax Excelsior Limited, South Wing, Second Floor, Kingsgate House, Andover, United Kingdom, SP10 4DU (“Britax”, “us”, “we”, or “our”), when you use our Website to browse and purchase our products.
1.2 The Terms are available via our website https://www.britax-roemer.co.uk/ (the “Website”). Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
2.1 The display of products in our Website does not constitute a legally binding offer, but merely an invitation to place orders.
2.2 By clicking “Order now” in the last step of the order process, you submit a binding offer to purchase the products displayed in the order overview. Immediately after submitting the order you will be sent an order confirmation by e-mail. The order confirmation, however, does not constitute our acceptance of your order. A contract comes into existence between you and us after we send you an acceptance e-mail or inform you that the products have been dispatched. We therefore encourage you to check your inbox (including your spam folder) regularly.
2.3 On our Website, you can select products by placing them in the shopping cart. You may complete your order by entering your shopping cart and following the steps set out in the relevant pages of our Website. You may change or cancel your order at any time before clicking “Order now”. Only by clicking the “Order now” button, do you place a binding offer for the purchase of the products within the meaning of paragraph 2.2.
2.4 If we are unable to accept your order, for example because the selected product is not in stock or no longer available, we will inform you of this by e-mail and we will not process your order. If you have already paid for the product, we will refund you the full amount including any delivery charges, as soon as possible.
2.5 We reserve the right to limit quantities purchased per person, per household or per order and to cancel or refuse orders that exceed such limits.
2.6 Whilst we have made every effort to display as accurately as possible, the colours and images of our products that appear on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.
3.1 To place an order, place the desired products in the shopping cart. You may modify the desired quantity or remove products completely from your shopping cart. If you wish to purchase the products in your shopping cart you may do so by proceeding to the next pages (by clicking “Next”) where you will be asked to enter your address, payment, billing and shipping information, and any other information necessary to complete you order.
3.2 You can review your order information before placing your order on the following page. To correct possible errors, please click “Edit” next to the respective field. To cancel the order process, you can simply select “Cancel” or close your browser window.
3.3 By clicking the confirmation button “Order now”, you place a binding order within the meaning of paragraph 2.2 of these Terms.
Following your order, you will receive a confirmation e-mail that shall contain a summary of your order, these Terms, information about your right to cancel and other information regarding your order with us. Please note that it is your responsibility to keep a record of this information and we are under no obligation to retain information about your order.
5.1 In order to process your order we will require the following information:
(i) your first and family name;
(ii) your e-mail address;
(iii) your postal address;
(iv) your payment information; and
(v) any other information necessary to process your order.
5.2 You warrant that all information that you provide to us will be accurate and complete.
5.3 You acknowledge and accept that we will process your personal data in order to process your order and to provide you with any products or services that you request via the Website.
6.1 You may wish to create a customer account with us. You can open a customer account via our Website. To do so, you will be required to provide us with your personal information and a password. You agree that you are solely responsible for all activity that occurs under your account and you agree to maintain the security and secrecy of your account information and password.
6.2 You must notify us immediately of any breach of security or unauthorised use of your account that you become aware of.
6.3 By setting up an account with us you confirm that you are at least 18 years of age.
7.1 The price of the product (which includes VAT) will be the price indicated on the order pages when you placed an order.
7.2 It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's 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.
7.3 The shipment costs are communicated to you clearly in the product description and in the order overview and are in addition to the product price.
7.4 In a delivery to a country outside of the UK, you agree to bear all additional import and export costs, as well as all duties, taxes and fees.
7.5 Full payment is required at the time the order is placed. The payment of the products can be made via credit card, debit card or bank transfer and are processed by our trusted third party payment provider, Ayden B.V. or any other payment methods which we may add to the Website from time to time. Your use of any payment services to purchase products will be subject to the terms and conditions of the applicable payment processor.
7.6 You agree to provide current, complete and accurate purchase and account information for all purchases made on the Website. You promptly agree to update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transaction and contact you as needed. You expressly agree that we are not responsible for any loss or damage arising from the submission of false or inaccurate information.
The products shall remain our property until full payment. We reserve the right not to process your order nor dispatch any products until payment is securely received. If, for any reason, you receive products which you have not paid for, we reserve the right to recover those products from you.
9.1 We shall deliver the products in accordance with the terms of your order.
9.2 We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order. Estimate delivery times are displayed on our Website.
9.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
9.4 Where not all of the products ordered by you are in stock, we shall notify you. We reserve the right to deliver part of your order, and, at your option, either (i) refund you for the undelivered products, or (ii) deliver the outstanding products to you when they are back in stock.
9.5 Should the delivery of the products fail due to your fault (for example, where you provide us with inaccurate shipping information), we may cancel your order. We will refund to you any payments already made by you for the relevant products after deduction of incurred costs for any unsuccessful attempts to deliver the product to you.
9.6 In case the product ordered is not available, (for example, because we are out of stock), we may cancel your order. We will inform you without delay of such circumstances, and, where appropriate, propose the delivery of a comparable product to you. If there is no comparable product available, or you do not want it, we will refund any payments already made in respect of that product.
9.7 A product will be your responsibility from the time we deliver the product to the address you gave us.
10.1 Where you purchase products as a consumer you have the right to withdraw or cancel your order in accordance with these Terms. A consumer means a natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
10.2 You have the right to return purchased products for a refund within fourteen (14) days of you receiving the products for any reason. The products must be returned unused, in the condition sent to you, and with the original packaging.
10.3 If you would like to return purchased products, please review and follow the returns policy and procedure as set out in our Website and as provided to you in the confirmation e-mail we send to you when returning products and state the reason for your return. You must enclose a copy of your proof of purchase with your returned product.
10.4 You must post any products you wish to return to us at the return address provided to you in the confirmation e-mail we send to you within 14 days of telling us you wish to exercise your right to return products.
10.5 You will be responsible for paying the cost of postage if you choose to return products to us. For further details of how to return items to us will be sent to you in the e-mail confirming your order. You will be responsible for the full cost of the product(s) if they are lost or stolen during their return journey to us, so we recommend that you use a tracked delivery service which is insured appropriately.
10.6 We will refund your product as quickly as possible to your original payment method. Please note you will need to email us at firstname.lastname@example.org if your original payment method has expired to make alternate arrangements. We will process your refund within 14 days of receipt. Your bank or credit card company may take 4-7 business days to credit your account.
10.7 Please note that we will not make any refund to you until we have received the relevant products from you and confirmed that they have not been damaged or used.
10.8 We have the right to withhold or reduce any refund on products that have already been worn and/or which have been damaged or otherwise diminished in value.
10.9 If you wish to make changes to the products you have ordered please contact us by emailing email@example.com. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the products, timing of supply or anything else which would be necessary as a result of your requested change and ask for you to confirm whether you wish to go ahead with the change.
10.10 This provision does not affect your statutory rights as a consumer (see section below, “Your right to return products that are faulty or not as described”).
11.1 If your products are faulty or not as described, you have a right to cancel your order and get the products replaced or receive a full refund if you notify us within the cancellation period. The cancellation period starts from the date of the e-mail from us to you confirming your order and ends 30 days after the day you actually receive the product.
11.2 Alternatively, if your product is faulty or not as described and a period of more than 30 days and less than two years has elapsed, then you are entitled to request a replacement or a repair. If your products cannot be repaired or replaced by us, then you are entitled to request a refund within two years from the date that you received the products. We reserve the right to reject refund requests which relate to products which have been damaged by customers while being used or not correctly cared for.
11.3 If you are entitled to receive a refund in this way, we will also refund the price you paid for the products and any standard delivery charges that you paid for them (which excludes the cost of any expedited or special delivery that you may have opted for). We will also provide you a refund for any reasonable shipping charges you may incur by returning the faulty products to us.
11.4 If you are entitled to and request a refund, we will process this as soon as possible after receiving the returned faulty product from you and confirming the reported fault and, in any case, within 30 calendar days of the day of receiving it and making that confirmation.
12.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that we could have foreseen because the loss or damage was an obvious consequence of our failure to comply with these Terms or our negligence or if they were contemplated by you and us at the time we entered into any contract with you. We are not responsible for any loss or damage that we could not have foreseen.
12.2 We only supply products for domestic and private use. We shall have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We also expressly exclude any liability for any loss or damage which may be incurred by you as a result of your breach of these Terms.
12.3 Based on the current state of the art, data communication via internet cannot be guaranteed to be error free and/or available at any time. We are not liable for constant and continuous availability of our Website.
12.4 The Website may include hyperlinks to other web sites that are not own or controlled by us. We have no control and assumes no responsibility for, the content, privacy policies or practices of any third-party websites.
12.5 You acknowledge and agree that we are not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources
12.6 We do not in any way exclude or limit our liability for death or personal injury caused by our negligence; or fraud or fraudulent misrepresentation; or any other liability which may not be limited or excluded under applicable law.
12.7 Our total aggregate liability in respect of any and all claims that you may bring against us in connection with Contracts and/or any use by you of the Website or products shall be no more than the total of twice the value of the affected product(s).
13.1 These Terms are complete and final.
13.2 We may transfer our rights and obligations under these terms to another organisation.
13.3 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
13.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms
13.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
13.6 You can bring legal proceedings in respect of the products in the English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.
13.7 Without prejudice to paragraph 13.8, you acknowledge and accept that the Terms, and any dispute or claim (including non-contractual) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
13.8 In the event that your habitual residence is in a member state of the European Union, the law of England and Wales shall apply provided that there is no conflict with mandatory rules of the member state in which you reside, in which case those mandatory rules shall prevail.
13.9 We would like to point out that, besides the legal recourse, there also exists the possibility of an extrajudicial resolution pursuant to regulation (EU) no. 524/2013. For details, please see regulation (EU) no. 524/2013 and website http://ec.europa.eu/consumers/odr.
13.10 Our e-mail address is: firstname.lastname@example.org.
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