Terms and conditions | All By Mama
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Terms and conditions

TERMS AND CONDITIONS OF SALE

  1. We are ALL by MAMA Ltd, a company incorporated and registered in England with Company Number 08830627 and with registered address of 73 Maple Road, Surbiton, England, KT6 4AG (“‘we’, ‘us’ or ‘our’”).
  2. We own and operate http://www.allbymama.com (“Website”).
  3. These terms and conditions (the “Terms”):
    1. set out the legal rights and responsibilities of a customer using our Website (“you” or “your” “Customer”);
    2. sets out our legal rights and responsibilities; and
    3. contains certain key information required by law.
  4. The Website is a platform where sellers can advertise and sell their products to you (“Seller”). Under these terms and conditions, a Seller is the person who you are buying the goods from. Save as specifically provided for to the contrary below, your contractual relationship is with the Seller and not with us and the Sellers from whom you have chosen to buy goods contract with you on the basis of these Terms.
  5. Please read the following important terms and conditions before you buy anything on our Website.
  6. If you buy goods on our Website, you agree to be legally bound by these Terms.

 

Summary of some of your key rights:

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that up to 14 days after receiving your goods, in most cases, you can change your mind and get a full refund.

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 (where relevant) you will be entitled to the following:

•       up to 30 days: if your goods are faulty, then you can get a refund;

•       up to six months: if they can't be repaired or replaced, then you're entitled to a full refund, in most cases;

•       up to six years: if the goods do not last a reasonable length of time, you may be entitled to some money back.

The information in this summary box summarises some of your key rights. It is not intended to replace the contract below which you should read carefully.

 

  1. These Terms are in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 and the Consumer Rights Act 2015.

Purchasing goods using our Platform

  1. As far as possible we try to ensure that all information provided by a Seller on our Website is accurate, but we are not liable for any misleading or incorrect information provided by a Seller.
  2. At all times please read and check your order carefully before submitting it through the Website.
  3. When you place your order at the end of the online checkout process, we will acknowledge your order with an email (“Acknowledgement Email”). The Acknowledgement Email does not mean that your order has been accepted.
  4. We may contact you to say that we do not accept your This is typically for the following reasons:
    1. the goods are unavailable;
    2. we cannot authorise your payment;
  • you are not allowed to buy the goods from us;
  1. there has been a mistake on the pricing or description of the goods.
  1. We will only accept your order when we email you to confirm that we have accepted your order for goods (“Confirmation Email”). Only once we have sent a Confirmation Email will a legally binding contract be in place between you and the Seller (“Contract”).
  2. The seller will accept your order and send a Confirmation Email, the Seller will then dispatch the goods to
  3. If you are under the age of 18 years old, you may only purchase goods from the Website with the consent of your parent or guardian.
  4. If you purchase a digital online course, or a digital business resource, these are non-refundable.
  5. Our digital online courses are available via a password protected URL, the content will be avaiable to you for six months from start date of the course you have purchased. You must keep you log in confidential.
  6. Course material can not be resold or shared.
  7. If the product is a monthly subscription, we will continue to provide content and services to you either until you terminate your subscription or we end the contract by written notice to you.
  8. If the product is a monthly subscription, and we do not receive payment, we will suspend our services until payment is received. 
  9. If purchasing a digital online course, or a digital business resource, the prices displayed on our website include VAT.

Right to cancel the Contract

  1. Subject to clause 16 you have the right to cancel the Contract without giving any reason:
    1. within 14 days of receiving a Confirmation Email or
    2. within 14 days of receiving the goods.
  2. A Seller may refuse to cancel the Contract for reasons permitted by law including, amongst others, Contracts for those goods contained under clause 21.
  3. To exercise the right to cancel, you must inform us of your decision to cancel the Contract by emailing us at orders@allbymama.com.
  4. You can specify in your email whether you would like a refund or an exchange of goods.
  5. All returned goods must be unused and in their original packaging and with any labels, instructions or documentation intact. If goods are not returned in their original packaging we reserve the right not to issue you with a refund.
  6. You are responsible for the return of the goods to the Seller and will be responsible for arranging an appropriate method of delivery.
  7. The following goods cannot be returned:
    1. Goods that have been personalised;
    2. Certain perishables or food;
    3. Bespoke goods that have been made especially for you;
    4. Some software or downloads which has been made available immediately; or
    5. Goods affected by hygiene considerations such as jewellery made for body piercings such as earrings or swimwear or underwear that has been unsealed.

Effects of cancellation

  1. If you cancel the Contract, as long as your cancellation complies clauses 15 to 21 above, on behalf of the Seller we will reimburse you for all payments received from you, not including the costs of delivery.
  2. We will make the reimbursement without undue delay, and not later than:
    1. 14 days after the day the goods are received back from you; or
    2. 14 days after the day you provide evidence that you have returned the goods; or
    3. if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel this contract.
  3. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
  4. If you have received goods:
    1. you shall send back the goods to our registered address without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the Contract to us. The deadline is met if you send back the goods before the period of 14 days has expired;
    2. you will have to bear the direct cost of returning the goods.

Delivery

  1. The Seller will specify the delivery method for their goods on their product page on the Website. If there is an option for methods of delivery you will be able to select your preferred option before making payment for the goods.
  2. The cost of delivery will be displayed by the Seller on our Website and such costs are payable in addition to the costs of the goods.
  3. The Seller will dispatch the goods to you in accordance with the delivery method you have selected on the Website.
  4. The estimated date for delivery of the goods will be set out in the Confirmation Email (see clause 12). The Seller will be responsible for the delivery of the goods.
  5. We, acting on the sellers behalf, a revised estimated date for delivery of the goods if something happens which:
    1. is outside of the control of the Seller; and
    2. affects the estimated date of delivery;
  6. Delivery of the goods will take place when they are delivered to the address that you specified during the order process.
  7. Unless agreed otherwise, if the goods cannot be delivered within 30 days, we, acting on the seller’s behalf:
    1. let you know;
    2. cancel your order; and
    3. give you a refund.
  8. Once
  9. Deliveries will only be made outside of United Kingdom when it has been specified by a Seller on the Website that they will deliver outside of United Kingdom.
  10. If you are purchasing goods from one or more Seller your goods will be .

Payment

  1. Unless stated expressly, the price of the goods:
    1. is in pounds sterling (£)(GBP); and
    2. does not include the cost of delivering the goods.
  2. Any and all payments for the goods will be made through our Website.
  3. We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
  4. Your credit card, debit card or PayPal account will be charged for the goods immediately at the point of purchase on our Website and before goods are dispatched.
  5. All payments by credit card or debit card must be authorised by the relevant card issuer.
  6. Dispatch of your goods is subject to payment in full. However, if for any reason your payment is not received by us (such as in a ‘chargeback’ situation) or is outstanding and you have already received the goods, you:
    1. must pay for such goods within 14 days; or
    2. must return the goods to us as soon as possible. If so, you must keep the goods in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the goods) and not use them before you return them to us.
  7. If you do not return any goods (such as where you have not paid for them) we may collect the goods from you at your We will try to contact you to let you know if we intend to do this.
  8. Nothing in this clause affects your legal rights to cancel the Contract during the ‘cooling off’ period under clause 15.

Nature of the goods

  1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the goods must be:
    1. of satisfactory quality;
    2. fit for purpose;
    3. match the description, sample or model; and
    4. installed properly (if we install any goods).
  2. A Seller must provide you with goods that comply with your legal rights. At all times the Seller is responsible for ensuring that the goods comply with your statutory rights.
  3. The packaging of the goods may be different from that shown on the site.
  4. Please note that:
    1. you should check that any goods purchased through the Website are of a satisfactory quality for their intended use before using them
    2. we try to make sure that:
      1. all weights, sizes and measurements set out by our Sellers on the site are as accurate as possible; and
      2. the colours of our goods are displayed accurately on the site, the actual colours that you see on your computer may vary depending on the monitor that you use as a result of which you acknowledge and accept, however, that there may be minor differences between the actual goods and the way that these appear on our Website; and
      3. any goods sold at discount prices will be identified by our Sellers and sold as such.

Faulty goods

  1. Some of your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of these Terms. These are a summary of your key rights.
  2. Nothing in these Terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
  3. Please contact us using the contact details at the top of this page, if you want:
    1. the goods to be repaired;
    2. the good to be replaced;
    3. a price reduction; or
    4. to reject the goods and get a refund.

Limit on our and the Sellers’ responsibility to you

  1. Except for any legal responsibility that cannot be excluded in law (such as for fraud or for death or personal injury caused by negligence), where you are acting as a ‘consumer’ (see below), neither we nor the Sellers nor any of our respective employees or agents are legally responsible for:
    1. Any delay in the delivery of the goods;
    2. losses that:
      1. were not foreseeable when the Contract was formed; or
      2. that were not caused by any breach on our part (at all times the Website is a platform which only connects Customers and Sellers and at all times a contract is between the Customer and a Seller);
  • loss or damage caused by you, for example by not complying with these Terms or not following instructions concerning the goods displayed on the Website, the packaging or the goods or in any correspondence with you concerning the goods.
  1. business losses (because consumers buy only for their own purposes).

A ‘consumer’ is an individual (so not a company or some other form of business) who buys goods or services for their own use.

  1. It may be unlikely that you will want to buy from us if you are not a consumer, but if so:
    1. Our liability of any kind (including our own negligence) is limited to the price paid for the goods;
    2. In no event (including our own negligence) will we be liable for any:
      1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);
      2. loss of goodwill or reputation;
      3. special, indirect or consequential losses; or
      4. damage to or loss of data (even if we have been advised of the possibility of such losses).
    3. You will indemnify us against all claims and liabilities directly or indirectly related to your breach of this agreement;
    4. This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We all acknowledge that there have been no misrepresentations and that none of us have relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

Disputes

  1. We will try to resolve any disputes with you quickly and efficiently. You agree to give us a reasonable chance to put things right before you incur any costs in attempting to remedy the problem yourself.
  2. Please contact us as soon as possible if you are unhappy with:
    1. the goods;
    2. our service to you; or
    3. any other matter;
  3. If a dispute cannot be resolved using our internal complaint handling procedure, we will:
    1. let you know that we cannot settle the dispute with you; and
    2. give you certain information required by law about our alternative dispute resolution (ADR) procedure.
  4. The relevant courts of England and Wales will have exclusive jurisdiction in relation to these Terms and the Contract.
  5. The law of England and Wales apply to the Contract and these Terms.

Third party rights

  1. No one other than a party to these Terms has any right to enforce any term of these terms and conditions.

 

Updated: 6th September 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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