CONDITIONS OF SALE
1.1 In these Conditions:
"Buyer" means a person to whom N4B is to supply goods pursuant to a Contract or the purchaser of a Gift Certificate;
"Contract" means a contract for the sale of goods by N4B to a Buyer which incorporates these Conditions;
"Credit Note" means an instrument issued by N4B that allows a Buyer to purchase goods from N4B on a future date up to the value of the credit note;
"EU” means the European Union;
"Gift” means a gift of Goods given to a third party by a Buyer;
"Gift Certificate" means an instrument of credit (whether by way of a gift certificate or a provisional code) that the holder can use to purchase goods from N4B on a future date up to the value of the gift certificate;
"Goods" means the goods which N4B supplies pursuant to a Contract or a Gift Certificate;
"Holder" means the person to whom the Buyer gave a Gift Certificate;
"Official Store" means N4B’s store or any other premises from which N4B may operate from time to time and where N4B directly sells Goods to Buyers; and
"Website" means www.naturally4baby.com.
1.2 The headings in these Conditions do not affect their interpretation.
2.1 These Conditions alone shall govern and be incorporated in every contract for the sale of goods made by or on behalf of N4B with a Buyer, whether the Contract is effected on the Website, through the Official Store (be that in person, by telephone, by facsimile, by email or through written correspondence), trade fairs or any other means whereby N4B is directly entering into Contracts with the Buyer. The Conditions shall also apply to Gift Certificates and any goods attained by virtue of Gift Certificates. The Conditions shall apply in place of and prevail over any terms or conditions (whether or not in conflict or inconsistent with these Conditions) contained or referred to in any documentation submitted by the Buyer or in correspondence or elsewhere or implied by trade custom, practice or course of dealing.
2.2 Purchase of Goods by the Buyer, acceptance by the Buyer of delivery or receipt of the Goods shall be deemed to constitute unqualified acceptance of these Conditions.
3.1 The price payable for the Goods is dependant upon the method by which the Contract is effected and shall be the price advised to the Buyer for Contracts effected through the Official Store, trade fairs or other direct selling vehicles and shall be the price appearing on N4B’s Website current at the time of purchase for Contracts effected on the Website.
3.2 Unless otherwise specified VAT and any other tax or duty payable by the Buyer and, if applicable, delivery charges and insurance costs, may be added to the price.
4. TERMS OF PAYMENT
4.1 Payment for the Goods shall be made at the time of purchase, unless otherwise advised by N4B. The Buyer shall be advised if payment is not required at the time of purchase, in which case the Buyer will be invoiced for the Goods, subject always to these Terms.
4.2 Without prejudice to clause 6.1, where Goods are provided subject to invoices, payment of invoices shall, unless otherwise agreed in writing, be made in full within 30 days of the date of invoice. N4B reserves the right to suspend the provision of Goods to the Buyer where any amounts are overdue under any Contract until all such amounts have been paid. If any invoice is not paid in full by the due date as specified interest shall be payable at National Westminster Bank PLC's unauthorised overdraft rate prevailing at the time. Interest shall be calculated daily on any uncleared balance. Errors in invoice calculations, content or other, apparent or otherwise, must be notified in writing to N4B within ten (10) days of the invoice date. Unless this condition is observed the invoices shall be deemed to have been accepted and payment made accordingly.
5. GIFT CERTIFICATES
5.1 A Gift Certificate can be redeemed at the Website by following the steps in the payment section of the Website. A Gift Certificate has a cash redemption value of 0.001p. A Gift Certificate including any part thereof must be redeemed by the Holder within one year of the date of issue, after which it expires. Other conditions of use will apply from time to time and will be either detailed on the Gift Certificate or on the Website.
5.2 A Gift Certificate can only be redeemed by the Holder. The Holder of the Gift Certificate can not transfer or assign the benefit of the Gift Certificate or their rights under it.
5.3 A Gift Certificate cannot be applied to a Contract for Goods already arranged with N4B. If the Goods ordered from N4B with a Gift Certificate cost more than the face value of the Gift Certificate the Holder must pay the balance in accordance with the Conditions.
5.4 If the Goods which the Holder orders from N4B cost less than the value of the Gift Certificate, we would suggest that the Holder effects purchases of further items for the remainder of the balance where possible, as no further credit will be given for the value of the balance.
6.1 Goods are only provided to the Buyer or delivered to the Buyer once payment has been approved, unless the Buyer is otherwise notified in writing. Wherever Goods are required to be delivered to the Buyer pursuant to a Contract and N4B specifies delivery or despatch dates, such dates are approximate only and not of any contractual effect. N4B is not liable to the Buyer for failure to deliver on a particular date or dates. Time for delivery is not of the essence of a Contract and shall not be made so by the service of any notice.
6.2 Wherever Goods are required to be delivered to the Buyer pursuant to a Contract, unless otherwise advised to the Buyer by N4B in writing, N4B shall deliver the Goods using, at its sole discretion, Recorded Delivery Service, Royal Mail Special Delivery, Business Post Next Day delivery or other delivery service. A signature may be required upon delivery, so the Buyer should select a delivery address where the Buyer can be sure that there will be someone available to accept delivery.
6.3 Due to the nature of the products supplied by N4B, particularly the essential oil blends, N4B is unable to ship Goods with insurance cover. If the Buyer requires insurance cover for any Goods it wishes to purchase, please contact an N4B customer services representative by email to firstname.lastname@example.org. All Goods shipped, however, will be well packed and have a Confirmation of Shipment receipt from the shipper.
6.4 If the Buyer refuses or fails to take delivery of Goods tendered in accordance with the Contract or fails to take any action necessary on its part for delivery N4B is entitled to terminate the Contract with immediate effect; to dispose of the Goods as N4B may determine, and to recover from the Buyer any loss and additional costs incurred as a result of such refusal or failure.
6.5 If you are expecting delivery of the Goods and think that the delivery is overdue, please do not hesitate to contact N4B by email on email@example.com and we will inform you of the status of your order as soon as possible.
6.6 Where Goods are paid for by credit or debit card, the delivery of Goods shall be made only to the registered address of the person whose card is used to pay for the Goods.
The Goods shall be at the Buyer's risk from delivery of the Goods to the Buyer.
Notwithstanding delivery and passing of risk, the Goods remain the property of N4B until the Buyer pays to N4B the agreed price for the Goods and all other amounts owed by the Buyer to N4B in respect of any Contract.
9. RETURN AND EXCHANGE OF GOODS
9.1 Without prejudice to clause 9.2 N4B shall only accept the return of Goods from the Buyer if the Goods received by the Buyer are incorrect from those ordered or, in the case of electrical Goods, these Goods are faulty. The return of Goods under these circumstances must be made within 14 days following the day of the delivery of such Goods by N4B. Goods that are received incorrectly must be returned unopened and in their original condition.
9.2 Our policy at N4B is to give maximum satisfaction. For Goods purchased online from N4B's Website we appreciate that there may be an occasion when the Buyer may wish to return an item purchased from us. If you are not happy with the Goods purchased they can be returned to N4B up to a maximum of seven (7) days from the date of shipment, unopened and in original condition. Once N4B has received and processed the returned Goods, N4B will be happy to refund the cost of the Goods (excluding postage or shipping costs). Alternatively, the Buyer may wish to exchange the Goods for another product. In this case, any difference in the price of the Goods plus shipping and any other cost will be paid by the Buyer prior to shipment of the Goods.
9.3 Whenever returning Goods purchased by a Gift Certificate, the person returning the Gift will need to register with N4B’s Website prior to returning the Goods which will allow future orders to be transacted on the Website.
9.4 Please be aware that international customs duties and sales taxes are not refunded for shipments outside the EU. Please also be aware you will be required to pay any difference in cost and any additional shipping, taxes and import duties as applicable for the return and exchange of goods.
9.5 All returns for any particular order (and whether for exchange or not) need to be returned in one delivery, together with the invoice number and the reason for returning the item(s). Any subsequent returns from the same order may incur additional costs. If you wish to exchange the goods, please email your request and N4B will reserve it for you if the item is in stock, subject always to any conditions on exchange as may apply from time to time.
9.6 N4B reserves the right to replace or repair any item that is deemed faulty and repairable. Repairs do not come with any guarantees or warranties from N4B unless provided to N4B by the original manufacturer.
9.7 For your protection please use a recorded delivery service whenever returning goods. Please note that you will responsible for the costs of returning the item to N4B unless the delivery was made to you by mistake. To return the items please pack the item safely and send it back to the address on our contact page. N4B cannot accept liability for any items lost or damaged in transit. This Returns Policy does not affect your statutory rights.
N4B is under no obligation to refund to the Buyer the cost of the Goods unless return of the Goods is pursuant to conditions set out in clause 9 or as otherwise agreed by N4B. Refunds will be made within 30 days of the date of receiving confirmation you are entitled to a refund. Where necessary, the value of the Goods will be credited to the original purchaser’s credit card including sales taxes for all EU countries, but excluding shipping charges. Alternatively, you may request an N4B Credit Note that can be used against future purchases with N4B.
For any further information in respect of clauses 9 and 10, please contact N4B who will be happy to talk you through the procedure. Call our customer services team on +44 (0)1303 814048 or send an email to firstname.lastname@example.org with any questions you have.
12. THIRD PARTY RIGHTS
The Buyer shall indemnify N4B against each loss, liability and cost which N4B incurs as a result of the carrying out of any work required to be done on, or to, the Goods in accordance with any requirement of the Buyer and that may involve any infringement or alleged infringement of the rights of any third party.
13. WARRANTY AND LIABILITY
Since the essential oils we use in our products are obtained from natural plant sources N4B can provide no warranties or guarantees as to the effectiveness of any of its products. However, we take the utmost care in ensuring the oils used in our products are obtained from reputable suppliers. By purchasing the Goods, the Buyer accepts the sole risk of the use of the Goods. N4B shall not be liable for any medical misadventure, personal injury or other that may result as a direct or indirect use of the Goods by the Buyer and/or user. If the user is unsure of the use of any N4B product, particularly the essential oils, the user is advised to first seek medical advice or advice from an appropriately qualified person.
13.1 N4B does, however, warrants that the Goods will, upon delivery:
13.1.1 be free from defects in material and workmanship.
13.2 The warranties in condition 13.1 are given on the following conditions:
13.2.1 N4B is not liable for a defect in the Goods caused by abnormal or unsuitable conditions of storage or use or an act, neglect or default of the Buyer or a third party;
13.2.2 N4B is not liable for a defect in the Goods unless it is notified to N4B within seven (7) days from the date of delivery.
13.3 N4B is not liable for:
13.3.1 non-delivery of Goods although we will make every effort to track down the missing Goods;
13.3.2 shortages in quantity unless the Buyer notifies N4B of a claim within seven (7) days of the date of shipment of the Goods;
13.3.3 a defect in the Goods which would be apparent on reasonable inspection following delivery unless, in the case of any sale made from the Website, the Buyer notifies N4B of the defect within seven (7) days of the date of shipment.
13.4 Where N4B is liable under the warranties in clauses 13.1 and 13.3, N4B’s only obligation is, at its option, to:
13.4.1 make good any shortage or non-delivery;
13.4.2 replace or repair any Goods which are damaged or defective, provided the damaged or defective Goods are first returned from the Buyer to N4B; or
13.4.3 refund to the Buyer the amount paid by the Buyer for the Goods which are the subject of the claim, subject to the conditions in clause 9;
13.5 Except as set out in these Conditions, all conditions, warranties and representations, expressed or implied by (i) statute, (ii) common law or (iii) otherwise, in relation to the Goods are excluded.
13.6 N4B is not liable to the Buyer, whether for negligence, breach of contract, misrepresentation or otherwise, for:
13.6.1 loss or damage incurred by the Buyer as a result of third party claims;
13.6.2 loss of profit, goodwill, business opportunity or anticipated saving suffered by the Buyer;
13.6.3 indirect or consequential loss or damage suffered by the Buyer.
13.7 The entire liability of N4B under or in connection with the supply of the Goods, whether for negligence, breach of contract, misrepresentation or otherwise, is limited, in respect of each event or series of connected events, to the cost of the defective, damaged or undelivered Goods which give rise to such liability as determined by the net price invoiced to/paid by the Buyer.
The Buyer shall meet the cost (if any) of any special packaging requested by the Buyer or any packaging rendered necessary by delivery by any means other than N4B's normal means of delivery.
15. LICENCES AND CONSENTS
If a licence or consent of any government or other authority is required for the acquisition, carriage or use of the Goods by the Buyer, the Buyer shall obtain the licence or consent at its own expense and if requested produce evidence of it to N4B on demand. Failure to obtain any licence or consent does not entitle the Buyer to withhold or delay payment of the price. Any additional expenses or charges incurred by N4B resulting from such failure shall be paid by the Buyer.
16. FORCE MAJEURE
If N4B is prevented, hindered or delayed from or in supplying the Goods in accordance with these Conditions by a force majeure event (being an event beyond the reasonable control of N4B) N4B may, at its option:
16.1.1 suspend deliveries while the Force Majeure Event continues;
16.1.2 if N4B has insufficient stocks to meet its commitments, apportion available stocks between its customers as it decides;
16.1.3 terminate any Contract so affected with immediate effect by written notice to the Buyer; and
N4B is not liable for any loss or damage suffered by the Buyer as a result.
17.1 On or at any time after the occurrence of any of the events in condition 17.2, N4B may:
17.1.1 stop any Goods in transit;
17.1.2 suspend further deliveries to the Buyer;
17.1.3 terminate any Contract with the Buyer with immediate effect by written notice to the Buyer.
17.2 The events are:
17.2.1 the Buyer being in breach of an obligation under a Contract with N4B;
17.2.2 the Buyer passing a resolution for its winding up or a court of competent jurisdiction making an order for the Buyer's winding up or dissolution;
17.2.3 the making of an administration order in relation to the Buyer or the appointment of a receiver over, or an encumbrancer taking possession of or selling, an asset of the Buyer;
17.2.4 the Buyer making an arrangement or composition with its creditors generally or making an application to a court of competent jurisdiction for protection from its creditors generally;
17.2.5 the Buyer, as an individual, is adjudged to be bankrupt
17.2.6 the Buyer ceasing to trade; or
17.2.7 the Buyer being acquired by or merging with any third party.
17.3 Upon termination of a Contract pursuant to condition condition 17.1.3 any indebtedness of the Buyer to N4B becomes immediately due and payable and N4B is relieved of any further obligation to supply Goods to the Buyer pursuant to that Contract.
A notice under or in connection with a Contract shall be in writing and shall be delivered personally or sent by first class post pre-paid recorded delivery (and airmail if overseas) to the party due to receive the notice at its last known address.
19.1 The Buyer may not assign or transfer or purport to assign or transfer any of its rights or obligations under a Contract without first having obtained N4B's written consent.
19.2 The invalidity, illegality or unenforceability of the whole or part of a condition does not affect or impair the continuation in force of the remainder of these Conditions.
19.3 A person who is not a party to a Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of that Contract but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
19.4 A reference to a statutory provision includes a reference to the statutory provision as modified or re-enacted or both from time to time and any subordinate legislation made under the statutory provision.
19.5 No sale items can be returned or exchanged
20. GOVERNING LAW
20.1 A Contract is governed by English law.
20.2 The courts of England have exclusive jurisdiction to settle any dispute arising from or connected with a Contract.
Merino Wool Snugglewrap £34.95
Bubba Gum Swaddle Wrap £24.95
Bubba Gum Swaddle Wrap £24.95
Organic Cotton Buds £1.99
Organic Cotton Pads £1.99