terms & conditions

Website Terms of Use

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of our website www.tommeetippee.co.uk (the “website”), whether as a guest or a registered user. Please read these terms of use carefully before you start to use the website. By using our website you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from using the website. These terms of use are also incorporated into the terms of use which apply to our Tommee Tippee facebook page (“Facebook Page”) and apply to the use of our Facebook Page, along with any other terms of use which apply to our Facebook Page – please see our Facebook Page for details of those. Any reference in these terms of use that refers to “website” shall be interpreted as incorporating a reference to our Facebook Page unless the context otherwise requires.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS ON OUR LIABILITY TO YOU. YOUR ATTENTION IS PARTICULARLY DRAWN TO SECTIONS 9 AND 10 WHICH CONTAIN RESTRICTIONS ON OUR LIABILITY TO YOU AND REQUIRE YOU TO COMPENSATE US IF YOU ARE IN BREACH OF THESE TERMS OF USE.

  1. INFORMATION ABOUT US.

    1. The website is operated by Jackel International Limited, a company registered in England and Wales with company number 01894022 and a registered address of Dudley Lane, West Cramlington, Northumberland NE23 7RH ("we", "us", "our").

  2. PARENTING CLUB MEMBERSHIP

    1. The website is a general audience site. If you become a Member of the Parenting Club, certain benefits will be made available to you. If you would like to become a Member of the Parenting Club, please click on the Parenting Club Section of this website and follow the instructions provided.

  3. YOUR PURCHASES

    1. Where you are purchasing products from our website, the terms and conditions of sale will apply to any contracts concluded between you and us. Please go to our terms and conditions of sale, located at the bottom of every page of this website.

  4. ACCESSING OUR SITE

    1. Access to the website is permitted on a temporary basis, and we reserve the right to withdraw or amend access to our website without notice (see below). Whilst we endeavour to ensure that the website is normally available 24 hours a day, we do not guarantee that it will be uninterrupted or error free. We will not be liable if for any reason our website is unavailable at any time or for any period.
    2. From time to time, we may restrict access to some parts of our website, or our entire website, to users irrespective of whether they are registered members.
    3. If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to (a) immediately notify us of any unauthorised use of your username or password or any other breach of security, and (b) ensure that you exit from the account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or personal information. We have the right to disable any username code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these terms of use.
    4. You are responsible for making all arrangements necessary for you to have access to our website. You are also responsible for ensuring that all persons who access our website through your internet connection are aware of these terms, and that they comply with them.

  5. INTELLECTUAL PROPERTY RIGHTS

    1. We are the owner or the licensee of all website design, text, graphics and software and of all intellectual property rights therein (such as copyright, trade marks, patents, design rights etc) and in the material published on it. No site content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in the whole or in part, without our prior written permission or otherwise do anything which may be seen to take unfair advantage of the reputation and goodwill of the website.
    2. You are granted a limited licence to access and use the website and the site content and to download or print a copy of any portion of the site content to which you have properly gained access, solely for your personal, non-commercial use, provided that you keep all copyright and other proprietary notices intact. You may not upload or republish site content on any internet, intranet or extranet site. Such licence is subject to these terms of use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods.
    3. Any use of the website or site content other than as specifically authorised herein, without our prior written permission, is strictly prohibited and will terminate the licence granted herein. You agree to use this website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this website, by any third party. This licence is revocable at any time without notice and with or without cause.

  6. TRADEMARKS

    1. Tommee Tippee, Closer To Nature, Explora and Tip It Up are all registered trade marks of Jackel International Limited. Sangenic is a registered trade mark of Sangenic International Limited. Other trademarks and logos shown on the website are either owned by Jackel International Limited or a third party. No rights are granted to use any trade marks on this website without Jackel International Limited’s prior written consent.

  7. RELIANCE ON INFORMATION POSTED AND DISCLAIMER

    1. Except where prohibited by law, the material on this website is provided as is without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this website on the basis that we exclude all representations, warranties, conditions and other terms which but for this legal notice might have effect in relation to this website.
    2. This website is provided for general information only. Individual cases may require specific examination and advice that cannot be provided through this website. This website is not intended to replace a face to face consultation with an appropriately qualified health professional. We cannot guarantee that advice, guidance, opinion, statement or other information provided to you by our Midwife and you acknowledge that any reliance upon such advice, opinion, statement or information is at your own risk. This legal notice and the foregoing disclaimers are subject to section 9.1 of these terms and do not affect any mandatory legal rights that cannot be excluded under applicable law, including your statutory rights as a consumer. If you are concerned about your or your baby's health, please contact a health professional

  8. OUR SITE CHANGES REGULARLY

    1. We aim to update our website regularly, and may change the content at any time. If the need arises, we may suspend access to our website, or close it indefinitely. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.

  9. OUR LIABILITY TO YOU

    1. Nothing in these terms of use shall limit or exclude our liability (if any) for;

      1. fraud or fraudulent misrepresentation;
      2. personal injury or death resulting from our negligence;
      3. our breach of our statutory obligation to provide the website and related services with reasonable skill and care; or
      4. any other matter for which it would be illegal for us to exclude, or attempt to exclude, its liability.

    2. Except as set out under section 9.1, our liability for losses you suffer as a result of us breaching these terms of use is strictly limited to losses which are a foreseeable consequence of us breaching these terms of use. Losses are foreseeable where they are a likely result of our breach of these terms of use and are within ours and your contemplation at the time you accept these terms of use and start using the website.

    3. Except as set out under section 9.1 above, we are not responsible for;

      1. indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us;
      2. loss of income or revenue;
      3. loss of business;
      4. loss anticipated savings;
      5. loss of data; and
      6. any increased losses you suffer as a result of your own breach of these terms of use.

  10. YOUR LIABILITY TO US

    1. In the event that a claim or action is brought against us from your activities or use of the website and associated services, which is caused by either any breach by you of these terms of use or your actions are negligent, reckless or are otherwise intended by you to deliberately do us harm, you agree to pay, hold harmless and defend us in the claim or action. You also agree to co-operate as fully as reasonably required in the defence of any claim and allow us to assume the exclusive defence and control of the matter.
    2. You hereby agree to fully compensate us for any claims, costs, charges, damages, demands and expenses (including without limitation legal expenses) resulting from your use of the website and any content you submit to it, to us and to our Midwife, where either your actions result in a breach of these terms of use or your actions are negligent, reckless, or are otherwise intended by you to deliberately cause us harm.

  11. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

    1. We process information about you in accordance with our privacy policy located at the bottom of every page of this website. By using our website, you consent to such processing and you warrant that all data provided by you is accurate.

  12. SUBMITTING QUESTIONS AND OTHER CONTENT TO THE WEBSITE

    1. Whenever you submit questions to our Midwife or provide feedback on our products, you must ensure that you do not submit any material which is:

      1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive; or
      2. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world.

  13. VIRUSES, HACKING AND OTHER OFFENCES

    1. You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack.
    2. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.
    3. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any material posted on it, or on any website linked to it.

  14. LINKING TO OUR SITE

    1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
    2. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page unless written permission is granted by us. We reserve the right to withdraw linking permission without notice.

  15. LINKS FROM OUR SITE

    1. Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

  16. JURISDICTION AND APPLICABLE LAW

    1. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our website. These terms of use are governed by the law of England and Wales.

  17. VARIATIONS

    1. We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our website. By continuing to use the website after changes have been made, you will be deemed to have accepted any amendments to these terms of use.

  18. SEVERANCE

    1. If any part of these terms of use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the other provisions will remain in force.
    2. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the actual intent of the parties.

  19. RELATIONSHIP

    1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these terms of use or use of the website.

  20. ENTIRE AGREEMENT

    1. These terms of use and any documents expressed or referred to in them contains the entire agreement between you and us regarding its subject matter and supersedes all prior communications, representations, warranties, stipulations, undertakings and agreement between the parties. Nothing in these terms of use shall, however, operate to limit or exclude the liability of either party for any fraudulent misrepresentation.

  21. THIRD PARTY RIGHTS

    1. Nothing in these terms of use shall confer, or is intended to confer, on any person other than you or us, any benefit or the right to enforce any term of these terms of use under the Contracts (Rights of Third Parties) Act 1999.

JACKEL INTERNATIONAL LIMITED
Terms and conditions for the on-line sale of goods APRIL 2012

  1. Definitions

    In these terms and conditions:

    1. ‘We, us, our’: shall mean Jackel International Limited, a company registered in England and Wales at Companies House, registered office Dudley Lane, Cramlington, Northumberland NE23 7RH and registered number 1894022. VAT number 176148154. We are a member of the Baby Products Association in the United Kingdom.
    2. ‘You’: shall mean the person buying the goods.
    3. ‘The Goods’: shall mean the goods to be supplied by us to you pursuant to an order placed by you on this website.

  2. Contract

    It is important that you read these terms and conditions carefully. Together with our privacy policy and our terms and conditions of use (both of which can be accessed at the bottom of every page of this website) they govern our relationship with you in relation to this website and your purchase of goods from it. If you have any questions about these terms and conditions or do not wish to accept them then please contact our Careline at careline@jackel.co.uk or on Freephone number 0500 979899 before continuing with your purchase.

    Your order for the Goods is not binding until you have received an e-mail confirmation of the order from us. If you notice any error in the order after you have placed it then please let us know as soon as possible and we will assist with correcting your order where possible. You may have other rights granted by law and these terms and conditions do not affect or limit those rights.

  3. Who can purchase from us?

    To purchase from us you must be over 18 and resident in the United Kingdom. We cannot ship to countries outside the United Kingdom.

  4. Availability of Goods

    If we are unable to supply the Goods you have ordered, we will refund the price and any charges for postage and packing paid by you.

  5. Delivery Date

    We will notify you of the date of despatch of the Goods by email and provide a tracking number in respect of such Goods. We aim to deliver the Goods to you within the time stated in the Delivery Terms which can be accessed at the bottom of every page of this website but we cannot give an exact delivery date. If we have not delivered the goods within 30 days of you submitting your order, or any later date that we have agreed with you, then you may cancel the contract and we will refund any money paid by you.

  6. Price and Payment

    The price payable for the Goods shall be as requested as the "total price payable" at the time payment is made and includes VAT and postage and packaging.
    All payments must be made at the time of placing the order by a credit or debit card acceptable to us. If we are unable to accept your order for any reason then we will, at our option, either not debit your card or refund any money paid by you in respect of that order. We will not dispatch the Goods until we have received payment

  7. Risk and Property

    The Goods will be at your risk and will be your responsibility from the time at which they are delivered to you. You will own the Goods from the time at which they are delivered to you, or, if later, at the time we receive in cleared funds payment in full of the price of the Goods and all other sums due from you to us in respect of the order.

  8. Damaged or Defective Goods

    You should inspect the Goods as soon as you receive them for defects or damage. If you find a defect or any damage then you must tell us as soon as possible and we will arrange for their return to us at no cost to you. If the Goods are found to be damaged prior to delivery to you, or defective, we will refund the price paid by you. If you would prefer repair or replacement of the Goods please contact our Careline at careline@jackel.co.uk or on Freephone number 0500 979899 and we will accommodate you where this is reasonably practicable.

  9. Our Liability to You

    These terms and conditions do not exclude our liability (if any) to you for:

    • personal injury or death resulting from our negligence;
    • fraud;
    • any matter for which it would be illegal for us to exclude or attempt to exclude our liability.

    We are only liable to you for losses which you suffer as a result of a breach of these terms and conditions by us. We are not responsible to you for any losses which you may incur which were not a foreseeable consequence of us breaching these terms and conditions, for example, if you and we could not have contemplated those losses before or when we accept your order. Our liability to you shall not in any circumstances include any business losses that you may incur, including but not limited to lost data, lost profits, or business interruption. If you are purchasing the Goods in the course of your business then our only liability to you is as set out in these terms and conditions, and all warranties, conditions and other terms which are implied by law (whether by statute, common law or otherwise) are excluded from the Contract.

  10. Your Right to Cancel

    If you are a consumer (i.e. you are not purchasing the Goods in the course of your business) then you have a right, in addition to your other rights, to cancel the contract and receive a refund from us. You must inform us in writing if you wish to cancel within seven working days, starting on the day after the Goods are delivered to you.

    If you choose to cancel then you must return the Goods to us at your cost and you must take reasonable care of the Goods in your possession. We advise you to ensure that the Goods are adequately insured during the return journey and to retain proof of postage.

    If you have not returned the Goods within 21 days of cancellation or when requested by us to do so, whichever occurs first, we can collect the Goods from you at your cost.

  11. Assignment

    The contract between us is personal to you and you must not assign it to any other person without our written authority, which will not be refused without good reason.

  12. English Law

    Every contract to which these terms and conditions apply shall be construed in accordance with and governed in all respects by the Laws of England and Wales and the English Courts will have exclusive jurisdiction to deal with any dispute arising in relation to that contract.