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| Conditions of Use |
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| 1 Definitions
In these terms and conditions:
Agreement means an agreement between Little Kiwi Ltd and the Customer for the provision of the service.
Customer means the person or company entering into an Agreement with Little Kiwi Ltd
Force Majeure means any occurrence beyond the control of the parties including (without limiting to) act of God, legislation, war, fire, flood, drought, failure of power supply, lock out, strike or other industrial action or dispute.
Order means the Customers order for the provision of services by Little Kiwi Ltd from time to time and any subsequent orders received by Little Kiwi Ltd from the Customer to which these terms and conditions shall apply.
Services means the wholesale and retail supply of baby goods as well as other textile and haberdashery items.
Specified services means the services to be supplied by Little Kiwi Ltd to the customer pursuant to an order.
2 Applicability
These standard terms and conditions shall apply to each and every Agreement between Little Kiwi Ltd and the Customer to the exclusion of all other terms and conditions.
3 Orders
3.1 Little Kiwi Ltd reserves the right to decline or accept any order.
3.2 Little Kiwi Ltd may decline to accept any order unless signed by a duly authorised person on behalf of the customer.
4 Cancellation
The customer shall not be entitled to cancel any order after the same has been accepted by Little Kiwi Ltd save on terms expressly agreed by Little Kiwi Ltd in writing.
5 Delivery and returns
5.1 Charges for retail delivery in the UK are as specified on the shipping page at littlekiwi.co.uk. Charges for trade delivery are as agreed in your signed terms and conditions.
5.2 Orders for services are accepted subject to availability of stock and may be delivered in more than one package. Little Kiwi Ltd has no liability for any loss of trade or profit to the customer as a result of delay in delivery or delivery of incorrect or faulty goods.
5.3 Delivery will be made to the address specified on the order by the customer, or its agent, or to a carrier designated by the customer, or to such other address as notified to Little Kiwi Ltd from time to time.
5.4 Claims arising from loss or damage or delay in transit must be made in writing to Little Kiwi Ltd and any carrier within three days of delivery.
5.5 Notification of non delivery of the whole order or any separate part of a consignment must be made to Little Kiwi Ltd within 24 hours of the time of delivery by Little Kiwi Ltd to the customer.
5.6 Damage, defects or loss to one instalment of an order shall not entitle the customer to refuse or to cancel the remaining instalments of the order.
5.7 Any returns must be agreed in writing before any item is returned. Little Kiwi Ltd will be responsible for manufacturing defects unless the product has been customised, or altered in any way including, but not limited to, additions of fastenings or linings, colour changes, expansion or reduction. Under these circumstances responsibility for the products is transferred to the person who performed said alterations.
5.8 All returns will not include postage and packaging except at Little Kiwi Ltds discretion and are subject to the terms of returns as stated on the website. All correspondence relating to any claims whatsoever must be provided to Little Kiwi Ltd including, but not limited to, date of order, date of delivery, place ordered from, nature of fault or complaint, any conversations, electronic mails, facsimile transmissions, printed letters. Provision of such documents is the responsibility of the customer.
5.9 Use of the littlekiwi.co.uk website and any or all of Little Kiwi Ltd’s subsidiaries, signify your agreement to abide by all the terms and conditions detailed here and in the relevant pages on any Little Kiwi Ltd website.
5.9.1 No image, design, or any other content on the website, literature or packaging may be used without the express written consent of the directors of Little Kiwi Ltd. Any such breach of IP rights will be persued through whatever means necessary.
5.9.2 Entry to any free prize draw automatically subcribes the customer to the newsletter. Subscription must be maintained until end date of said draw otherwise entry(ies) will be cancelled.
6 Technical specifications and Variations in Quantities
6.1 Little Kiwi Ltd will use all reasonable endeavours to ensure compliance with any specifications given by the customer but colours, contrasts, colour balances and hues cannot be guaranteed.
6.2 Little Kiwi Ltd will endeavour to deliver the correct quantity of goods ordered. Little Kiwi Ltd reserve the right to replace goods with goods of a similar or greater value where necessary.
6.3 Any claims in respect of quality or content must be made in writing within 24 hours of delivery. All Little Kiwi Ltd items which are handmade are subject to minor differences which are not arguable by the customer.
7 Retention of Title
7.1 All goods and materials supplied to the customer by Little Kiwi Ltd shall remain the property of Little Kiwi Ltd until such time as they are paid for in full, and all other goods provided by Little Kiwi Ltd to the customer at any time have been paid for in full and there are no amounts due from the customer to Little Kiwi Ltd on any account or in respect of any matter encumbered. Title to any free of charge goods supplied by Little Kiwi Ltd remains the property of Little Kiwi Ltd unless otherwise agreed in writing.
7.2 Any copyright, design right or patent in respect of any product supplied by Little Kiwi Ltd to the customer shall remain the property of Little Kiwi Ltd for as long as said copyrights, design rights and patents are active. No product may be reproduced, customised, copied, relabelled or resold without the express prior written consent of Little Kiwi Ltd.
7.3 Little Kiwi Ltd shall be entitled to enter upon the premises of the customer or any third party where goods or materials remaining the property of Little Kiwi Ltd shall be stored to repossess them at any time pending payment by the customer to Little Kiwi Ltd.
8 Price
8.1 Subject to paragraph 8.2 the price payable for services shall be the total price specified in Little Kiwi Ltds current price list or catalogue, less any discounts agreed in advance in writing by Little Kiwi Ltd and plus the appropriate cost of delivery. Prices and delivery charges are subject to change without notice.
8.2 Discounts agreed by Little Kiwi Ltd as at the date of these terms and conditions shall continue to have effect for the remainder of the term of the relevant agreement.
8.2.1 Gift cards are available online from our site. They can be used as full or part payment for any items on the site to which they apply. Any funds left on the card will be held for you to spend on the site at a later date. The gift cards have a cash value of 0.0000001p and cannot be exchanged for cash. You are solely responsible for the security of your code. Little Kiwi Ltd will not be held liable for loss howsoever caused unless it is proven the fault of Little Kiwi Ltd.
8.2.2 Gift cards have a life of 12 months from date and time of purchase. Should you require an extension then please contact Little Kiwi Ltd for assistance. Once the card is out of date any outstanding funds cannot be retrieved. Any products purchased using a gift card that need to be returned for a refund (according to our returns policy) will be refunded with a credit on the gift card. Under no circumstances will Little Kiwi Ltd exchange these items for cash.
8.2.3 Gift cards purchased using cheque or bank transfer will only become valid on cleared payment, and will be charged at face value. Other payment options may incur a fee of up to 5% which will be chargeable at time of purchase.
8.2.4 We offer corporate sales of gift cards. Please contact Little Kiwi Ltd for more details.
8.2.5 The code given at time of purchase will remain attached to the purchasers account unless otherwise stated.
8.3 Where applicable VAT will be added to all charges at the prevailing rate.
9 Online product
Delivery of online products is made using world wide web. All warranties, expressed or implied, regarding the availability of any online product at any particular time or times are excluded.
10 Payment
10.1 If Little Kiwi Ltd has agreed to grant the customer credit facilities invoices shall be due and payable within thirty days of the date of invoice unless otherwise explicitly agreed in writing. Little Kiwi Ltd may vary credit limits from time to time and withhold all further supplies if the customer exceeds such credit limits.
10.2 If no credit facilities have been agreed invoices shall be due and payable immediately.
10.3 In the case of late payment Little Kiwi Ltd reserves the right to charge interest at a daily rate equivalent to 4% over the base rate Lloyds TSB from time to time. In force such interest shall accrue on the balance outstanding at such a rate after as well as before judgement.
10.4 Failure to pay all amounts due by the due date may result in withholding all further supplies including supplies in respect of which the customer has already made payment in full.
11 Set-off
No claims arising out of or in respect of any agreement between Little Kiwi Ltd and the customer shall excuse payment when due and no right of set off shall exist in favour of the customer.
12 Liability
12.1 Except as is expressly provided in this agreement Little Kiwi Ltd shall have no liability whatsoever (whether in tort, contract or otherwise) toward the customer except for liability for death or personal injury resulting from negligence.
12.2 Little Kiwi Ltd’s liability to the customer for negligence, breach of contract and statutory duty is limited to the cost of replacing the goods ordered. It is not intended that any contract between Little Kiwi Ltd and the customer for the supply of goods should be enforceable by any third party.
12.3 Little Kiwi Ltd shall not be liable for the customers loss of use, profile, contract, production or revenue or for increased cost of working or business interruption, however caused, arising out or in connection with the provision of the services, irrespective of whether such loss, increase, cost of working or business interruption is caused by the sole or concurrent negligence of Little Kiwi Ltd or the customer, whether or not foreseeable at the date of the contract or by any other act or omission by Little Kiwi Ltd.
12.4 The customer is fully responsible for ensuring the safety of any person, animal or item whilst said person, animal or item is in contact with any goods or services provided by Little Kiwi Ltd. Little Kiwi Ltd can not be held liable for any damage, loss or injury, howsoever caused through use, contact or other with any goods or services provided by Little Kiwi Ltd to the customer. Safety and care instructions are provided with all Little Kiwi Ltd goods and as such it is the responsibility of the customer to ensure said instructions are provided with all goods and services. Said instructions can be viewed and / or downloaded from www.littlekiwi.co.uk and are available in printed form on request.
12.5 The customer or an agent must be available to accept the goods on delivery. Any resending charges will be charged to the customer. Should a third party sign on behalf of the customer, the customer is wholly responsible for said goods. Receipt of goods must be notified to Little Kiwi Ltd by way of electronic mail, facsimile transmission or telephone.
13 Force Majeure
13.1 If either party by reason of Force Majeure is rendered unable, wholly or partly to carry out obligations hereunder then upon notice of said Force Majeure to the order, given within 10 days after the party claiming relief becomes aware of the occurrence thereof, the obligations of the parties shall be suspended for the period during which such Force Majeure shall continue provided that the party affected:-
13.1.1 Shall use all reasonable endeavours to minimise the effects of any such Force Majeure;
And
13.1.2 Shall not be released by reason of Force Majeure from any obligation to indemnify or make any payment due hereunder.
14 Variation
Little Kiwi Ltd may vary the terms of this contract from time to time provided that the customer is not prejudiced as a result thereof. Little Kiwi will provide at least 14 days notice of any variation.
15 Assignment
15.1 The customer shall not assign its rights under any contract with Little Kiwi Ltd without the express permission, in writing, from Little Kiwi Ltd.
15.2 Little Kiwi Ltd may assign, sub-contract or sub-let any contract with the customer or part thereof at any time.
16 Confidentiality
16.1 Neither party shall, without prior written consent of the other, disclose to any third party or otherwise make use of any confidential information which has come into possession or which may in the cours of this agreement come into its possession relating to the other party, save that the customer consents to Little Kiwi Ltd collection and processing personal data relating to the customer its offices employees or agents for arranging or managing the customer credit facilities including credit records overdue payments or the provision or administration of this agreement or for development research or marketing of Little Kiwi Ltds business, or the transmission of any personal data collected for any of these purposes outside of the European Union for the purpose of data processing.
16.2 The obligations contained in this clause shall continue notwithstanding any termination of this agreement.
17 Termination
17.1 If the customer being an individual makes any formal or informal arrangement with creditors or becomes bankrupt, or being a company goes into liquidation, administration or administrative receivership or has a winding up petition presented or has a receiver of any of its assets appointed or ceases or threatens to cease carrying on business Little Kiwi Ltd shall be entitled to cancel any outstanding orders or suspend further deliveries without liability to the customer and if goods have been delivered or services rendered and not paid for, the full price shall become immediately due.
17.2 Similarly if the customer commits any breach of this agreement or these terms and conditions this agreement shall be terminated forthwith save that Little Kiwi Ltd be entitled to immediate payment for any outstanding order.
18 Waiver
No indulgence shown by Little Kiwi Ltd to the customer shall prevent Little Kiwi Ltd subsequently insisting upon its rights and remedies under this agreement.
19 Notice
Any notice given pursuant to this agreement shall be in writing and may be served by personal delivery, electronic mail, facsimile transmission, pre-paid recorded delivery or registered post to the addressee at its registered office for the time being and shall be deemed to have been received:-
in the case of personal delivery, facsimile transmission or electronic mail at the time of delivery or sending as appropriate;
in the case of recorded delivery or registered post, 48 hours from the time of posting.
20 Dispute resolution
If the customer is dissatisfied with any services or wishes to make a complaint, this should be raised with the responsible sales representative concerned in the first instance. If the complaint remains unresolved after the discussion it should be referred to Little Kiwi Ltds managing director.
21 General
21.1 This agreement constitutes the entire agreement between the parties with respect to the subject matter of the agreement and supersedes and extinguishes any representations and understandings previously given or made, other than those contained herein, and no variation shall be effected unless contained in a written document which is dated and refers to this agreement and its date identifies the clause or clauses which are to be varied and has been signed by a Little Kiwi Ltd Director and countersigned by an authorised representative of the customer.
21.2 Headings in this agreement are inserted for convenience only and shall not affect the interpretation of any of its provisions.
21.3 This agreement shall be construed and governed in all respects in accordance with the laws of England and any disputes or differences shall be subject to the exclusive jurisdiction of the English courts.
21.4 If any provision of these terms and conditions is held by the English courts to be invalid or unenforceable in whole or in part the validity of the remaining conditions shall not be affected.
21.5 Pursuant to section 1(2)a of the Contracts (right of third parties) Act 1989 none of these terms and conditions may be enforced by a third party.
21.6 This document is subject to change and up to date versions will be available online at all times, subject to Force Majeure. Should a printed copy be required, this can be facilitated upon written or oral request.
Please direct all wholesale email enquiries to info@littlekiwi.co.uk
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