Terms & Conditions
1. About Us
1.1 We are EBP Lifestyle Brands UK Ltd (registration number: 09997456) of 6th Floor, One London Wall, London, United Kingdom, EC2Y 5EB, trading as "Ergobaby" ("Ergobaby", "we", "us" or "our"). Our VAT number is 239 6731 76. Our trading address in England is Office #12, Sterling Suite, Hersham Place Technology Park, Walton-on-Thames, Surrey KT12 4RZ.
1.2 These Terms and Conditions apply to your use of our website, ergobaby.co.uk (the "Website") and to any purchases you make via the Website (collectively, the "Services").
1.4 You can access the Agreement on our Website at: ergobaby.co.uk/terms. We may change all or certain parts of the Agreement from time to time. You agree that by continuing to access or use any of the Services at any time after such a change, you accept the new version of the Agreement. If we make a change to the Agreement after you place an order, but before your order is delivered, your order will be subject to the Terms and Conditions in place at the time that you place your order.
1.5 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. Our Products
2.1 The images of our products on the Website are for illustrative purposes only. We have made every effort to display the products accurately but cannot guarantee that the products will appear accurately on your screen. Your product may vary slightly from those images.
2.2 The price listed next to a product description will be the total price for the product and includes all relevant taxes such as VAT[OC3] . Sometimes, the price listed on the Website may be incorrect due to technical errors. We reserve the right to correct any prices listed on the Website or not confirm orders that have been made under an incorrect price.
2.3 We may run promotions, such as special offers or discounts from time to time on our Website. These promotions may be subject to additional terms and conditions and subject to limited timeframes and availability. Please read any additional terms and conditions carefully.
3. Our Website
3.1 We cannot guarantee that the Website will always be available. From time to time, we may suspend the Website due to technical issues or to carry out maintenance work. The Website may also be unavailable for technical reasons outside of our control.
3.2 We do not guarantee that our Website will be secure or free from bugs or viruses. You are responsible for configuring and securing your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
3.3 Our Website is solely for the promotion of our products in the UK. Unfortunately, we do not [accept orders from OR deliver to] addresses outside the UK. If you would like your order to be delivered outside of the [UK], please contact us before placing your order.
4. Your Order
4.1 After you have made an order and we have received payment in full, we will send you an order confirmation email. When we send the order confirmation email this will create a legal contract between you and us. This confirmation email will contain an order number, which you should mention to us if you contact us about your order. We will take payment from you once we have confirmed your order. You will own the products you have ordered once we have taken payment from you.
4.2 Sometimes, we might not be able to accept your order. This may be because we are out of stock, identified a mistake in the product description or cannot deliver the product. If we cannot accept your order in whole or part, we will let you know by email as soon as possible and we will not charge you for the order (or the part of the order) that we cannot accept.
4.3 We reserve the right to refuse to sell any product to any person and in any circumstances. In the unlikely event that we need to do this we will notify you within a reasonable period.
4.4 If any products become unavailable or we are unable to sell the products to you after we have accepted your order, we will let you know as soon as possible and refund you immediately using the payment method that you used to pay us.
4.5 We accept payment by PayPal, Visa/Delta/Electron, MasterCard/Eurocard, Maestro. If you believe that we have charged the incorrect amount, please let us know as soon as possible.
4.6 If our Website requires a minimum order value, any order submitted that is less than the specified minimum order value will not be confirmed or processed by us and you will not be charged.
5. Your Rights
5.1 This is a summary of your key legal rights. These are subject to certain exceptions. The Consumer 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 a repair or replacement or an immediate refund.
(b) up to six months: if your goods can't be repaired or replaced, then you're 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.
5.2 For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
5.3 In addition to your legal rights, all products purchased on our Website (rather than through a retailer or any other online store) receive a three year warranty .
6.1 The cost of delivery is set out on our Website and may vary depending on the type of delivery service you choose.
6.2 Your order will be delivered to the address provided to us during the order process.
6.3 We will deliver your order as soon as reasonably possible and in any event within 30 days of the day that we accept your order. Alternatively, we may display the delivery dates that are available during the order process for you to choose.
6.4 We will let you know if there are any problems with your delivery but cannot be responsible for any delays outside of our control. If there is a risk of a significant delay to your order, you may contact us to end the contract and receive a refund for any products you have paid for and not received.
6.5 You will be responsible for your order once we have delivered it to the address provided to us during the order process. If you provide us with any incorrect information during the order process, we cannot be responsible for any delay or failure to provide our products to you.
7. Tell Us About Any Problems
7.1 If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 020 3318 6204 or write to us at firstname.lastname@example.org .
8. Changing Your Mind, Requesting A Repair Or Replacement Or A Refund
8.1 You may cancel your order:
(a) if what you have bought is faulty or misdescribed and you have a legal right to end the contract (see paragraph 5.1 above);
(b) immediately if we have informed you about an error in the price or description of the product(s) ordered or there is a risk that delivery may be significantly delayed and you do not wish to continue; or
(c) within 14 days after the date that you receive your products, if you change your mind or for any other reason or no reason at all.
8.2 Where you have the right to cancel the contract, please let us know by doing one of the following:
(a) Phone or email. Call customer services on 020 3318 6204 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
(b) Online. Complete the form provided at the end of these Terms and Conditions here (Download):
(c) By post. Print off the form provided at the end of these Terms and Conditions here (Download): and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
8.3 You can request a repair or a replacement if the product that you have received is faulty, is not as described, is not fit for purpose or is not of satisfactory quality.
8.4 If you are exercising your right to change your mind, as described in clause 8.1(c) above, you must send the goods to us within 14 days of telling us you wish to end the contract.
8.5 Any returned products must be sent to:
Herbert Voigt GmbH & Co. KG
c/o Ergobaby Europe GmbH
8.6 We will pay the costs of return:
(a) if the products are faulty or misdescribed; or
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances you must pay the costs of return
8.7 If a refund is due:
(a) we will refund you using the same method that you paid us within 14 days after receiving the product back from you;
(b) if you are only returning part of an order, we will only refund you for the products that have been returned;
(c) if any of the products you return are missing or damaged, then we may only provide you with a partial refund to compensate us for any missing parts or damage; and
(d) if you are exercising your right to change your mind as described in clause 8.1(c) above we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.[OC6]
8.8 We recommend you use a service that tracks your return as we cannot provide you with a refund or replacement unless we receive the product.
9. Your Account
9.1 To make an order, you must register on the Website for an account. You can use your account to manage your personal details and orders.
9.2 You must register using true and accurate information about yourself. We reserve the right to verify your identity, cancel your order and may suspend or close your account in the event that:
(a) we suspect any of your details are false, inaccurate or incomplete;
(b) your details mean that you are no longer eligible to use the Services; and/or
(c) we believe your account has been compromised or you have broken the terms of the Agreement.
9.3 You must protect your account's log-in details and keep them secret. You must not share your log-in details with anyone else or allow anyone else to use your log-in details or account. You will be responsible for all activity on your account. We are not responsible for any orders made on your account or any loss you may suffer if you do not keep your log-in details secret.
9.4 If you suspect that your account has been compromised, please contact us immediately at firstname.lastname@example.org
9.5 In the event that your account is unused for 12 months or longer, we may delete your account and we shall not be liable for any losses or be obliged to recover your account.
10. Your Personal Information
11. Intellectual Property
11.1 The copyright, trademarks, patents, design rights and any other intellectual property contained in the Services are owned by or licensed to us.
11.2 You must not copy, distribute, make available to the public, create any adaptation of or use for non-domestic or commercial purposes any part of the Services.
12. Third Party Materials And Links
12.1 We may display or link third party websites, products or services ("Third Party Services") from our Website. You acknowledge that:
(a) we are not responsible for any of the Third Party Services or for any losses or harm you may suffer due to the Third Party Services;
(b) you are responsible for any costs that you incur in relation to the Third Party Services;
13. Limitations On Our Liability
13.1 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 our breaking this contract. 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, for example, if you discussed it with us during the sales process.
13.2 To the maximum extent permitted by law, we shall not be liable for:
(a) losses or harm not caused by our breach of the Agreement or negligence;
(b) losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to the Agreement (including any losses which are incidental to foreseeable losses); and
(c) any increase in loss or damage resulting from breach by you of the Agreement.
13.3 Nothing in this Agreement:
(a) excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law; or
(b) affects any additional legal rights which you may have as a consumer.
13.4 We are not permitted to exclude our liability for certain matters, for example we cannot exclude our liability to you for providing a product that is not of satisfactory quality or fit for purpose or that does not match its description. This clause shall not affect any such liability that we have to you.
14. General Terms
14.1 Entire agreement
The Agreement is the entire agreement between you and us. No other terms and conditions apply. We have entered into the Agreement relying only on the terms in the Agreement and neither you nor us shall have any liability for any promises made outside of the Agreement.
14.2 Transferring the Agreement
The Agreement is between you and us only. You must not to transfer it to anyone else, or to try to do so. We may transfer the Agreement, our rights or obligations to anyone else as long as this does not significantly disadvantage you.
14.3 Third parties
Only you and us may enforce this Agreement. No other person has a right to enforce this Agreement or benefit from it.
14.4 Illegal or invalid parts of the Agreement
If any clause or sub-clause of this Agreement is held not to apply or is not enforceable, all other clauses and sub-clauses will still apply.
14.5 Delaying action under the Agreement
If we delay or fail to take any right that we may have under the Agreement, then the delay or failure does not mean that we lose that right. Any change to any rights will only be effective if it is in writing and signed by us.
14.6 Matters outside of our control
We shall not be liable to you if the Services are delayed or cannot be provided for reasons beyond our reasonable control.
14.7 Applicable law and dispute resolution
(a) The Agreement is governed by and interpreted in accordance with the laws of England and Wales.
(b) If there is a legal dispute, we both agree that legal proceedings will take place in the courts of England and Wales, unless:
(i) you live in Scotland, in which case Scottish law applies and the courts of Scotland have exclusive jurisdiction; or
(ii) you live in Northern Ireland, in which case the laws of Northern Ireland apply and the courts of Northern Ireland have exclusive jurisdiction.
(c) You may also be able to refer a dispute to the European Online Dispute Resolution platform at www.ec.europa.eu/odr. The platform is designed to help consumers who have bought goods or services online. It provides access to independent alternative dispute resolution services which are usually free for you to use.
15. Contact Us
15.1 If you have any questions about these Terms and Conditions, your order or our products, please contact us by email: email@example.com , phone: 020 3318 6204
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
Herbert Voigt GmbH & Co. KG
c/o Ergobaby Europe GmbH
email: firstname.lastname@example.org , phone: 020 3318 6204
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 [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
[*] Delete as appropriate
© Crown copyright 2013.