Terms & Conditions

Welcome to Born to Toddle Limited’s Terms & Conditions (hereinafter Born to Toddle Limited will be referred to as “the Company”, “we” or “us”). We have tried to make our terms as clear and as easy to understand as possible, but should you need clarification on any point, we would be happy to explain in detail.

Please note that these Terms and Conditions may be updated from time to time for legal or regulatory reasons or to allow the proper operation of the Company or Company Site (“Website”) and we would therefore recommend that you check these terms on a regular basis before placing an order. By using this Website, you agree to be bound by the Terms and Conditions currently in place and if you do not wish to accept the new Terms and Conditions, you should not continue to use our website.

1. The Sale of "Goods"
   1. We shall sell and you shall purchase the Goods in accordance with your Website order (if accepted by us), subject in either case to these Terms, which shall govern the Contract.
   2. No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of you and us.
   3. Our employees or agents are not authorised to make any representations concerning the Goods unless confirmed by us via email. Nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
   4. Any advice or recommendation given by us, our employees or agents to you as to the storage, application or use of the Goods which is not confirmed by us via email, is followed or acted upon entirely at your own risk and accordingly we shall not be liable for any such advice or recommendation which is not so confirmed.
   5. Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by us shall be subject to correction without any liability on our part. Please note that while every effort has been made to provide accurate images for each product, any colour variation between the website picture and the final product is beyond our control and does not amount to misrepresentation.
2. Orders and specifications
   1. No order submitted by you shall be deemed to be accepted by us unless and until submitted via our Website and confirmed by us via email.
   2. You shall be responsible to us for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the contract in accordance with its terms.
   3. The quantity, quality and description of the Goods and any specification for them shall be as set out in our Website.
3. Price of the Goods
   1. The price of the Goods shall be our quoted price as listed on our Website at the date of acceptance of the order.
   2. We reserve the right, by giving notice to you via email at any time before delivery, to increase the price of the Goods to reflect any change in delivery dates, quantities or specifications for the Goods which are (i) requested by you, (ii) delays due to any of your instructions or (iii) failure by you to give us adequate information or instructions.
4. Terms of payment
   1. Subject to any special terms agreed in writing between you and us, we will invoice you for the Goods upon or at any time after delivery unless you wrongfully fail to take delivery of the Goods, in which event we shall be entitled to invoice you for the price at any time after we have tendered delivery of the Goods.
   2. You shall pay the price of the Goods (without deduction) at the time you place your order but in any event within 30 days of the date of our invoice, and we shall be entitled to recover the price, notwithstanding that delivery may not have taken place and the property in the Goods has not passed to you. The time of payment of the price shall be of the essence of the Contract. Receipts for payment will be issued only upon request.
   3. If you fail to make any payment on the due date then, without limiting any other right or remedy available to us, we may:
      1. cancel the contract or suspend any further deliveries to you;
      2. appropriate any payment made by you to such of the Goods (or the items supplied under any other contract between you and us) as we may think fit (notwithstanding any purported appropriation by you); and
      3. charge you interest (both before and after any judgment) on the amount unpaid, at the rate of 3% per cent per annum above Barclays Bank base rate from time to time, until payment in full is made (a part of a month being treated as a full month for the purpose of calculating interest).
5. Delivery
   1. Delivery of the Goods shall be made by us delivering the Goods to an address(es) specified by you.
   2. Any dates quoted for delivery of the Goods are approximate only and in certain circumstances, we may deliver your order in advance of the quoted delivery period. We shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by us in writing.
   3. Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by us to deliver any one or more of the instalments in accordance with these Terms or any claim by you in respect of any one or more instalments, shall not entitle you to treat the contract as a whole as repudiated.
   4. If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or by reason of your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
   5. If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of our fault) then, without limiting any other right or remedy available, we may:
      1. store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or
      2. sell the Goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) charge you for any shortfall below the price under the Contract
6. Risk and property
   1. Risk of damage to or loss of the Goods shall pass to you at the time of delivery or, if you wrongfully fail to take delivery of the Goods, the time when we have tendered delivery of the Goods.
   2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of these Terms, the property in the Goods shall not pass to you until we have received payment in full for the price of the Goods and all other Goods agreed to be sold by us to you for which payment is then due.
   3. Until such time as the property in the Goods passes to you, you shall hold the Goods as our fiduciary agent and bailee, and shall keep the Goods separate from those of you and third parties and properly stored, protected and insured and identified as our property, but you may resell or use the Goods in the ordinary course of your business.
   4. Until such time as the property in the Goods passes to you (and provided the Goods are still in existence and have not been resold), we may at any time require you to deliver up the Goods to us and, if you fail to do so forthwith, enter on any premises of you or any third party where the Goods are stored and repossess the Goods.
7. Registration
   1. To register on the Website you must be over eighteen years of age.
   2. You must ensure that the details provided by you on registration or at any time are correct and complete.
   3. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
8. Password and security
   1. When you register to use our Website you will be asked to create a password. In order to prevent fraud, you must keep this password confidential and must not disclose it or share it with anyone. If you know or suspect that someone else knows your password you should notify us by contacting Customer Care (email: customercare@borntotoddle.com or Tel: 0845 604 6292) immediately.
   2. If the Company has reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your account.
9. Intellectual property
   1. The content of the Website is protected by copyright, trade marks, database right and other intellectual property rights. You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from the Company.
10. Your use of the Website
    1. You may not use the Website for any of the following purposes:
       1. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
       2. transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or code of practice;
       3. interfering with any other person’s use or enjoyment of the Website; or
       4. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
    2. You will be responsible for our losses and costs resulting from your breach of this clause 10.
11. Availability of the Website
    1. Although we aim to offer you the best service possible, we make no promise that the services of the Website will meet your requirements. We cannot guarantee that the services will be fault-free. If a fault occurs with the Website you should report it to Customer Care (email: customercare@borntotoddle.com or Tel: 0845 604 6292) and we will attempt to correct the fault as soon as we reasonably can.
    2. Your access to the Website may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
12. The Company''s right to suspend or cancel your registration
    1. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
    2. You can cancel your registration at any time by informing us in writing at Born to Toddle Limited, 27-28 Space Business Centre, Wokingham, Berkshire RG41 2PQ. If you do so, you must stop using the Website.
    3. The suspension or cancellation of your registration and your right to use the Website shall not affect either party’s statutory rights or liabilities.
13. The Company''s liability
    1. If we are in breach of these Terms & Conditions, we will only be responsible for any losses that you suffer as a result to the extent that they are a foreseeable consequence to both of us at the time you use the Website. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption. Subject to clause 13.2 our liability shall not exceed the price of the Goods.
    2. This clause 13 shall not limit or affect our liability resulting from any products sold through the Website being found to be unsafe or if something we do negligently causes death or personal injury.
    3. This warranty does not extend to parts, materials or equipment not manufactured by us, in respect of which you shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to us.
    4. A claim by you which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification shall (whether or not delivery is refused by you) be notified to us within seven days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within 7 days of discovery of the defect or failure. If delivery is not refused, and you do not notify us accordingly, you shall not be entitled to reject the Goods and we shall have no liability for such defect or failure, and you shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
    5. Where a valid claim in respect of any of the Goods which is based on a defect in the quality or condition of the Goods or their failure to meet specification is notified to us in accordance with these Terms, we may replace the Goods (or the part in question) free of charge or, at our sole discretion, refund to you the price of the Goods (or a proportionate part of the price), in which case we shall have no further liability to you.
14. Complaints
    1. In the unlikely event that you have a complaint, please contact our Customer Care helpline on 0845 604 6292 to report your complaint and one of our customer care team will endeavour to assist you. If you are still not satisfied that your complaint has been addressed within 14 days of contacting the customer care team, please send a letter detailing your complaint for the attention of the Managing Director, Born to Toddle Limited, 27-28 Space Business Centre, Wokingham, Berks RG41 2PQ.
15. Third Party Websites
    1. As a convenience to our customers, our Website includes links to other web sites and/or materials, however we are not responsible for the content of these third party websites.
16. Advertising and Sponsorship
    1. Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.
17. Applicable Law
    1. These Terms and Conditions will be subject to the laws of England. We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings, you must do so within England.
18. International Use
    1. We make no promise that materials on our Website are appropriate or available for use in locations outside the United Kingdom, and accessing the Website from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
19. General
    1. We are or may become a member of the group of companies and accordingly we may perform any of its obligations or exercise any of its rights under the Contract by itself or through any other member of its group, provided that any act or omission of any such other member shall be deemed to be the act or omission of us.
    2. A notice required or permitted to be given by either party to the other under these Terms shall be in writing (which includes email) addressed to that other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
    3. No waiver by us of any breach of the Contract by you shall be considered as a waiver of any subsequent breach of the same or any other provision.
    4. If any provision of the Contract is held by a court or other competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of the Contract and the remainder of the provision in question shall not be affected.

    5. Any dispute arising under or in connection with the Contract or the sale of the Goods shall be referred to arbitration by a single arbitrator appointed by agreement or (in default) nominated on the application of either party by the President for the time being of The Law Society of England and Wales, London.

       You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.

    6. The Company Site is owned and operated by Born to Toddle Limited whose registered office is at 5 Curfew Yard, Thames Street, Windsor, Berkshire SL4 1SN (company number 06832097).
    7. If you have any queries please contact Customer Care at 27-28 Space Business Centre, Molly Millars Lane, Wokingham, Berkshire RG41 2PQ, Tel. 0845 604 6292.