This website is operated by Kidzgifts. As user of this website (referred to as “you/your”) you acknowledge that any use of this website including any transactions you make (“use/using”) is subject to our terms and conditions below
• read through these terms and conditions carefully before using this website
• print a copy for future reference.
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website
1.3 Certain website services will require registration and subsequent access to those services will be subject to a login name and password (“Password Details”). Information that you provide on this website must be accurate and complete. All Passwords Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Password Details or become aware of any misuse then you must inform us immediately (see Contact US for more information and full contact details).
3.1 Delivery charges and estimated timescales are specified when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors. Kidzgifts shall be under no liability for any delay or failure to deliver the products within estimated timescales.
3.2 We will endeavour to meet the delivery date given at the time of order and where this changes we will try and let you know at the earliest opportunity. We will always try to send out complete orders, where this is not possible you may receive your order over a number of deliveries. Any claims for damaged or missing goods will need to be reported to us by e-mail or in writing within 7 working days of receipt of the goods.
4.1 We take payment from your card at the time we receive your order. Goods are subject to availability.
4.2 Prices exclude VAT which will be charged at current rate when invoiced, if applicable. The price you pay is the price displayed on this website at the time we receive your order apart from the following exception:
While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods 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 it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
5.1 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
6. Intellectual Property
6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
7. Liability and Indemnity
7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.
7.2 Subject to Section 7.1 above, Kidzgifts will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website Kidzgifts will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Kidzgifts accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
7.4 Subject to Section 7.1 above, Kidzgifts will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
• economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
• loss of goodwill or reputation; or
• special or indirect losses
suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
7.5 Notwithstanding the above, subject to Section 7.1 Kidzgifts aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
8. Miscellaneous Provisions
8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
8.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of goods for business purposes, nor do we accept liability for loss of use of the item nor any loss over and above the cost of the item in the event of a claim for breach of warranty or condition.
8.3 Kidzgifts shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Kidzgifts.
8.6 Kidzgifts reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except:
a) Kidzgifts (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions;
b) Kidzgifts shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions;
c) a person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).
8.9 No delay or failure by Kidzgifts to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Kidzgifts.
8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Kidzgifts relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Kidzgifts for your use of this website
Goods no longer required:
Good no longer required need to be returned within 7 days at the senders cost in their original new condition with their complete packaging as delivered. The items must not be marked or labelled in any way and must be sellable as new. If the return items cause the original order to fall below the UK carriage free value or increases the international carriage charge this will be deducted from refund payments. Kidzgifts Toys reserve the right to apply a 10% re-stocking fee.
Faulty, damaged or short delivery:
We will assume that the shipment was delivered in good condition and in full unless the reciever has noted any damage and signed for the correct number of boxes/pallets on the delivery record when he or she accepted the shipment – Please note failure to do so will invalidate any claim for damaged items. Please make sure to inform us within a maximum of 7 days.
If you receive an item in a damaged or faulty condition (we’re sorry). Please phone our customer services team within 7 days of receipt of your order. Please note/provide the following:
Faulty Items: In order to process your claim, please kindly return the faulty item(s) back to us in the original packaging. Once we have received them and have confirmed the fault is a manufacturing issue, a refund will be issued back to your payment card.
Please note that if the fault is not deemed to be a manufacturing issue we will be unable to process the claim and no refund will be issued. If you then decide you would like the same item(s) returned to you, we can add the item(s) to your next delivery. You must inform us of this request within 7 days
Damaged items: Claims for damages will only be processed if the delivery has been marked as damaged with the courier upon receipt. In order to process your claim as quickly as possible, please provide images of the damaged item(s) with your email to our customer service team.
If the damaged item(s) are part of a mixed box that we have re-packed, please also provide additional images of the inner carton(s) as well as the original outer box, so that the issue can be raised with our warehouse.
Once your claim has been confirmed a refund will be issued back to your payment card.
Do not dispose of or destroy the outer and inner packaging or the damaged or faulty item(s) until your claim has been processed in full.
All deliveries to Mainland UK postcodes cost:
- for orders under £30 – £2.99
- for orders over £30 and under £150 – £4.99
- for orders over £150 are free postage
- All deliveries to EU – £9.99
(some exclusions may apply).
Most orders under £150 will be delivered within the next 2-3 working days, if your order is placed before 12 noon. Orders over £600 will usually be delivered on a pallet may take slightly longer.
Your delivery service will be clearly displayed on the checkout page before completing your order.
Zoltrade Ltd (T/A Kidzgifts)
Birch Mill Business Center
Heywood Old Road
t: 0161 655 4441