Our Terms & Conditions
1. These terms
1.1 These are the terms and conditions on which we supply product(s)and/or services to you.
1.2 Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide product(s) and/or services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1 We are The Baby Cot Shop a company registered in England and Wales. Our address is 408 King’s Road, London SW10 0LJ. Our registered VAT number is 187510395.
2.2 You can contact us by telephoning our customer service team at +44 203 3717530 or by writing to us at design@thebabycotshop.com.
2.3 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.
2.4 When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 Our acceptance of your order will take place when we tell you that we are able to provide you with the product(s) and/or services at which point a contract will come into existence between you and us.
3.2 If we are unable to accept your order, we will inform you of this and will not charge you for the product(s) and/or services. This might be because the product(s) is out of stock, because we have identified an error in the price or description of the product(s) and/or services, because we are unable to meet a delivery deadline you have specified or because of unexpected limits on our resources which we could not reasonably plan for.
3.3 We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. Our products
4.1 The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours or the printed pictures in our brochure accurately reflects the colour of the products. Your products may vary slightly from those images.
4.2 If we are making the products to measurements you have given us, you are responsible for ensuring that these measurements are correct. You can find information and tips on how to measure in our brochure or on our website, or by contacting us.
5. Your rights to make changes
If you wish to make a change to the product(s) and/or services you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product(s) and/or services, the timing for delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 We may change the product(s) and/or services to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements. These changes will not affect your use of the product(s) and/or services.
6.2 In addition, we may make changes to these terms or the product(s) and/or services, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
7. Providing the product(s)
7.1 The costs of delivery and installation will be as told to you during the order process.
7.2 During the order process, we will let you know when we will provide the product(s) to you and install them.
7.2.1 If the product(s) is one-off purchase, we will deliver it to you as soon as possible. We will contact you with an estimated delivery.
7.2.2 We will deliver the product(s) to you within the specified time on the product page from the day you placed your order until either you end the contract as described in clause 9 or we end the contract by written notice to you as described in clause 10.
7.3 We are not responsible for delays outside our control. If our delivery of the product(s) is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
7.4 If you have asked to collect the product(s) from our premises, you can collect the product(s) from us at any time during our working hours of 10am to 6pm on Monday-Saturday.
7.5 If no one is available at your address to take delivery and the product(s) cannot be posted through your letterbox, we will leave you a note informing you of how to re-arrange delivery.
7.6 If you do not collect the product(s) from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10 will apply.
7.7 If you have asked us to install the product(s) for you and you do not allow us access to your property as arranged (and you do not have a good reason for this) we may charge you additional costs incurred by us as a result, If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10 will apply
7.8 You have legal rights if we deliver any product(s) late. If we miss the delivery deadline for any product(s) then you may treat the contract as at an end straight away if any of the following apply:
7.8.1 We have refused to deliver the product(s);
7.8.2 Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.8.3 You told us before we accepted your order that delivery within the delivery deadline was essential.
7.9 If the reasons above do not apply or you do not wish to cancel the contract as, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
7.10 If you do choose to treat the contract as at an end for late delivery under clause 7.8, you can cancel your order for any of the product(s) or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those product(s) (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled product(s) and their delivery. If the product(s) have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this.
7.11 The product(s) will be your responsibility from the time we deliver the product(s) to the address you gave us or you collect it from us.
7.12 You own the product(s) outright upon receipt of full payment, except for bespoke, made-to-order, and custom items, for which ownership transfers to you upon completion.
7.13 We may need certain information from you so that we can supply the product(s) to you and install them for you. If so, this will have been stated in the description of the product(s) in our brochure or on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (see clause 10) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying or installing] the product(s) late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
7.14 We may have to suspend the supply of a product(s) to:
7.14.1 Deal with technical problems or make minor technical changes;
7.14.2 Update the product(s) to reflect changes in relevant laws and regulatory requirements;
7.14.3 Make changes to the product(s) as requested by you or notified by us to you (see clauses 5 and 6).
7.15 We will contact you in advance to tell you we will be suspending supply of the product(s), unless the problem is urgent or an emergency. If we have to suspend the product(s) for longer than 3 months you may contact us to end the contract. In such case we will refund any sums you have paid in advance for the product(s) in respect of the period after you end the contract.
7.16 If you do not pay us for the product(s) when you are supposed to (see clause 11.4) and you still do not make payment within 5 days after it was requested, we may suspend supply of the product(s) until you have paid us the outstanding amounts. As well as suspending the product(s), we will also charge you storage fee. (see clause 11.6).
8. Providing the services
8.1 We will supply the services to you from the date we accept your order. The estimated completion date for the services is as told to you during the order process.
8.2 If our performance of the services is affected by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay.
8.3 If you have asked us to provide the services to you at your property and you do not allow us access to your property as arranged (and you do not have a good reason for this), we may charge you additional costs incurred by us as a result. If, despite our reasonable efforts, we are unable to contact you or re-arrange access to your property we may end the contract and clause 10 will apply.
8.4 We may need certain information from you so that we can provide the services to you. We will contact you to ask for this information. If you do not provide us with this information, within a reasonable time of us asking for it, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 10) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
8.5 We may have to suspend the services to:
8.5.1 deal with technical problems or make minor technical changes;
8.5.2 update the services to reflect changes in relevant laws and regulatory requirements;
8.5.3 make changes to the services as requested by you or notified by us to you (see clauses 5 and 6).
8.6 We will contact you in advance if we will be suspending the services, unless the problem is urgent or an emergency. If we have to suspend the services for longer than 3 months you may contact us to end the contract if we suspend the services and we will refund any sums you have paid in advance for services not provided to you.
8.7 If you do not pay us for the services when you are supposed to (see clause 12.5) and you still do not make payment within 5 days after it was requested, we may suspend supply of the product(s) until you have paid us the outstanding amounts. As well as suspending the product(s), we will also charge you storage fee.
9. Our rights to end the contract
9.1 We may end the contract for a product(s) at any time by writing to you if:
9.1.1 We are unable to collect payment from you when it is due and you still do not make payment within 5 days of us reminding you that payment is due;
9.1.2 You do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the product(s) and/or services; or
9.1.3 You do not, within a reasonable time, allow us to deliver the product(s) or collect them from us and/or give us access to your property to provide the services to you.
9.2 If we end the contract in the situations set out in clause 10.1, we will refund any money you have paid in advance for product(s) and/or services we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
9.3 We may write to you to let you know that we are going to stop providing the product and/or services. We will let you know at least 5 days in advance of our stopping the supply of the product(s) and/or services and will refund any sums you have paid in advance for product(s) and/or services which will not be provided.]
10. If there is a problem with the product(s) and/or services
10.1 If you have any questions or complaints about the product(s) and/or services, please contact us. You can telephone our consumer service team at 0203 371 7530 or write to us at design@thebabycotshop.com and 408 King’s Road, London SW10 0LJ. Alternatively, you can speak to one of our staff in-store.
10.2 If you wish to exercise your legal rights to reject product(s), you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. You will pay the costs of postage. This only applies to products that are not custom made, bespoke, personalised or made to order.
10.3 In the unlikely event there is any defect with the services:
10.3.1 We will use every effort to repair or fix the defect free of charge, without significant inconvenience to you, as soon as we reasonably can and, in any event, within 3 months.
11. Price and payment
11.1 The price of the product(s) and/or services (which includes VAT) will be the price set out in our price list in force at the date of your order unless we have agreed another price in writing. We take all reasonable care to ensure that the price of product(s) advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product(s) you order.
11.2 If the rate of VAT changes between your order date and the date we supply the product(s), we will adjust the rate of VAT that you pay, unless you have already paid for the product(s) and/or services (including delivery costs) in full before the change in the rate of VAT takes effect.
11.3 It is always possible that, despite our best efforts, some of the product(s) and/or services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product/services’ correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product/services' correct price at your order date is higher than the price stated in our price list, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may terminate the contract, refund you any sums you have paid for the product(s) and require you to return the product(s) at our expense.
11.4 We accept payment with credit and debit cards, electronic funds transfer (EFT), and cash for in-store purchases only. You must pay for any product(s) including delivery cost before we dispatch them. We will not charge your credit or debit card until we dispatch the product(s) to you.
11.5 You must make an advance payment of 50% of the price of the services, before we start the produce them. We will invoice you for the balance of the price of the services in arrear for the services until the product(s) is completed. You must pay each invoice within 2 weeks or 14 calendar days before the agreed delivery date. We accept payment with credit and debit cards, electronic funds transfer (EFT), and cash if given at the store.
11.6 If we are unable to collect any payment from you by the due date, we may charge storage fee to you the day after the agreed delivery date. This shall accrue on a daily basis until the date of actual delivery.
11.7 If you think an invoice is wrong, please contact us promptly to let us know.
12 Our responsibility for loss or damage suffered by you
12.1 If we are installing the product(s) and/or providing other services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
12.2 We only supply the product(s) for domestic and private use. If you use the product(s) for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13 How may we use your personal information
13.1 We will only use your personal information as set out in our privacy policy: https://www.thebabycotshop.com/pages/privacy-policy.
13.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
14. Other important terms
14.1 We may transfer our rights and obligations under these terms to another organisation.
14.2 You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
14.6 These terms are governed by English law and you can bring legal proceedings in respect of the product(s) in the English courts. If you live in Scotland you can bring legal proceedings in respect of the product(s) in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the product(s) in either the Northern Irish or the English courts.
14.7 Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to Retail ADR through their website at www.retailadr.org. Retail ADR does not charge you for making a complaint.
