Terms and Conditions
WEBSITE TERMS AND CONDITIONS
WELCOME TO THE Create Leisure Ltd WEBSITE TERMS AND CONDITIONS FOR USE. THESE TERMS AND CONDITIONS APPLY TO THE USE OF THIS WEBSITE AT www.fun4kids.co.uk BY ACCESSING THIS WEBSITE AND/OR PLACING AN ORDER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
USING THIS WEBSITE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS WEBSITE.
The www.fun4kids.co.uk website is operated by:
Create Leisure Ltd, a company registered in England and Wales, whose registered office is at c/o ACS ACCOUNTING, 19-21 MARKET HOUSE, WOKINGHAM, RG40 1AP . Our company registration number is 05174800. Our VAT registration number is GB838568085
Our contact details are as follows:
PO Box 896
PLEASE DO NOT SEND RETURNS TO THIS ADDRESS AS THEY WILL NOT BE ACCEPTED
General email: [email protected]
VAT number: GB838568085
Fax number 0870 428 5834
DELIVERY IS FREE ON ALL ORDERS - THIS APPLIES TO MAINLAND UK ONLY. Free delivery excludes promotional offers and discounted promotions.
Delivery price shown is based on Mainland UK - Offshore UK Islands and certain parts of Scotland/Highlands will incur an additional delivery charge - the information should be displayed during the checkout process but on certain occasions where the cost is not shown please contact us prior to placing your order.
Delivery is usually next day on all stock items, however, please allow up to 3 working days,we will notify you if the delivery is going to take longer than this.
1.1 You will be able to access most areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2. ORDERING FROM US
All trademarks appearing on the service are trademarks of their respective owners.
2.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
2.2 Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we despatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
2.3 We may refuse to accept an order:
* (a) where goods are not available;
* (b) where we cannot obtain authorisation for your payment;
* (c) if there has been a pricing or product description error; or
* (d) if you do not meet any eligibility criteria set out in our terms and conditions.
2.4 Goods are deemed to be suitable for domestic use unless otherwise specified. Domestic goods are not suitable for commercial use
* 3.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price.
* 3.2 Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
* 3.3 Our prices are reviewed periodically and can change daily.
4. CANCELLATION AND RETURNS POLICY
4.1 If you wish to cancel your order:
* (a) you can notify us by email to [email protected] before we have dispatched the goods to you; or
* (b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.2 below.
* 4.2 You have the right to cancel your contract at any time up to 14 calendar days staring from the day after delivery. If you wish to cancel an order or return an item please send an e-mail to [email protected] quoting your order number, full name and address and we shall then reply to you with details of where and how to return the item. We would advise you to return the item in it's original packaging to ensure that the product is not damaged as you have a duty of care whilst the goods are in your posession.You will receive a refund within 30 days, usually sooner. If the item is faulty then we will also cover the costs of returning the item from within the Mainland UK but we must arrange collection,the item must be in it's original packaging (collection is only available on standard sized items and excludes oversized items or items that weigh over 30kg combined), however, if you simply change your mind the costs of returning the goods shall be borne by you. We are unable to cover return costs for items exported outside of the UK. If an item is refused at the point of delivery then the item will be returned to our depot and a refund will be issued less the return postage costs that we have incurred. If a made to order item (such as a wooden playhouse) is cancelled then a deduction may have to be made for delivery charges
* 4.3 If the item is damaged on arrival this must be reported to us with photographic evidence within 48 hours of receipt, failure to do so will invalidate any claim we can make to the carrier for damages incurred during transit
* 4.4 Goods are refunded within 30 days, usually sooner
* 4.5The rights to return the goods to us as referred to in clause 4.3 will not apply in the following circumstances: - in the event that the product has been purchased for commercial use or if the item's have been personalised
Please note that batteries are exempt from any warranty and are not covered under any circumstances
The provisions of this clause 4.4 do not affect your statutory rights.
* 5.1 You are permitted to print and download extracts from this Website for your own use on the following basis:
* (a) no documents or related graphics on this Website are modified in any way;
* (b) no graphics on this Website are used separately from accompanying text; and
* (c) any of our copyright and trade mark notices and this permission notice appear in all copies.
* 5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
* 5.3 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
* 5.4 Any rights not expressly granted in these terms are reserved.
6. SERVICE ACCESS
* 6.1 While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
* 6.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
7. VISITOR MATERIAL AND CONDUCT
* 7.2 You are prohibited from posting or transmitting to or from this Website any material:
* (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
* (b) for which you have not obtained all necessary licences and/or approvals;
* (c) 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; or
* (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
* 7.3 You may not misuse the Website (including, without limitation, by hacking).
* 7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.
8. LINKS TO AND FROM OTHER WEBSITES
* 8.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
* 8.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
* (a) you do not remove, distort or otherwise alter the size or appearance of the Create Leisure Ltd logo;
* (b) you do not create a frame or any other browser or border environment around this Website;
* (c) you do not in any way imply that we are endorsing any products or services other than our own;
* (d) you do not misrepresent your relationship with us nor present any other false information about us;
* (e) you do not otherwise use any Create Leisure Ltd trade marks displayed on this Website without our express written permission;
* (f) you do not link from a website that is not owned by you; and
* (g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
* We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.
* 8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.
* 9.1 To register with www.fun4kids.co.uk you must be over eighteen years of age.
* 9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
* 9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
* 9.4 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.
* 10.1 While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
* 11.1 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
* 11.2 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
* 11.3 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12. GOVERNING LAW AND JURISDICTION
* 12.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
* 12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
+ 13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
+ 13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
+ 13.3 Only the parties to this agreement can enforce these terms and conditions.
14. REWARD POINTS
* 14.1 The maximum number of invitations that convert to rewards points will not exceed 5 invitations.
* 14.2 Invitations must be to unique customers that we can verify, we have the right to remove or cancel reward points if we believe the system is being abused.
* 14.3 We reserve the right to remove/cancel rewards points if we believe that system is being abused in anyway.
* 14.4 This promotion may be modified or withdrawn at any time.
* 14.5 Use of a false name or address will result in qualification.
WE USE APPROPRIATE SECURITY SAFEGUARDS.
At Fun4Kids.co.uk, security is a priority. We employ appropriate measures to protect consumer information against unauthorized access, disclosure, alteration or destruction. These may include, among others, encryption, physical access security and other appropriate technologies. Fun4Kids.co.uk continually reviews and enhances its security systems, as necessary.
WE MAINTAIN PROCEDURES TO ASSURE THE QUALITY OF INFORMATION WE COLLECT AND WHERE APPLICABLE, WE WILL INFORM CONSUMERS ABOUT HOW THEY CAN ACCESS THEIR PERSONAL INFORMATION AND MAKE CORRECTIONS, IF NECESSARY.
Fun4Kids.co.uk employs appropriate measures to assure the quality of information we collect directly from consumers. Where Fun4Kids2Play.com collects information directly from consumers or sources other than our business customers, we permit them, if possible, to dispute or correct any erroneous or out-of-date personally identifiable information. Of course, this correction would not be possible if the information is proprietary to one of our business customers, reflects historical transaction information or if correction would violate the privacy or legal rights of a third party. Where applicable, we abide by laws related to such information. You can correct factual errors in your personally identifiable information by sending us a written request that credibly shows error. We reserve the right to independently verify claims made. To protect your privacy and security, we also will take reasonable steps to verify your identity before making corrections. We reserve the right to assess a service charge for providing you any information in connection with your request.
THE Fun4Kids.co.uk WEBSITE IS NOT DIRECTED AT CHILDREN UNDER THE AGE OF 13.
Our website is not directed at children under the age of 13 and Fun4Kids.co.uk does not collect or maintain information at our website from those we actually know are under the age of 13.
WEBSITE MAY BE LINKED TO OTHER WEBSITES
Fun4Kids.co.uk may create links to third party websites.
Fun4Kids.co.uk is not responsible for the content or privacy practices employed by websites that are linked from our website.
OPT OUT RIGHT
Fun4Kids.co.uk may disclose consumer information to third parties as described earlier in this notice. Many of these disclosures are beneficial to consumers because they permit goods and services of interest to consumers to be offered to consumers at attractive rates. We strive to give consumers choices about how their data will be used. You have the right to opt-out of (direct us not to make) these disclosures when the consumer information is about you. Of course, there are some disclosures to third parties that are not subject to the opt-out, such as disclosures necessary to effect, administer or enforce a transaction requested by you, to companies that perform services for us or to prevent fraud. Please send an email to [email protected] if you wish to opt-out of this service,
If you have any questions or indeed comments about our Online Privacy Statement,or for some reason believe we have not adhered to our statement, please contact:
E-mail the Create Leisure Ltd Data Protection Officer: [email protected]
We may alter this statement as needed for certain products and services and to abide by local laws or regulations around the world. fun4kids.co.uk reserves the right to amend or modify this statement from time to time. We urge you to review this statement whenever you visit in order to obtain the most current statement. You may change your choices at any time