(2) Intellectual property rights
Unless otherwise stated, we own the intellectual property rights in the website and material on the website. Subject to the licence below, all our intellectual property rights are reserved.
(3) License to use website
You may view, download for caching purposes only, and print pages or media files from the website, provided that:
(a) You must not republish material from this website (including republication on another website), or reproduce or store material from this website in any public or private electronic retrieval system;
(b) You must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent.
(4) Limitations of liability
The information on this website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable in respect of this website and the information on this website.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we not commit to ensuring that the website remains available or that the material on this website is kept up-to-date.
To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill).
Our liability is limited and excluded to the maximum extent permitted under applicable law. We will not be liable for any direct, indirect or consequential loss or damage arising under these terms and conditions or in connection with our website, whether arising in tort, contract, or otherwise – including, without limitation, any loss of profit, contracts, business, goodwill, data, income, revenue or anticipated savings.
However, nothing in these terms and conditions shall exclude or limit our liability for fraud, for death or personal injury caused by our negligence, or for any other liability which cannot be excluded or limited under applicable law.
(5) Bulletin board / chat room / comments/file upload
You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website.
You must not use our website in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use our website for any purposes related to marketing without our express written consent.
You must not use our website to copy, publish or send mass mailings or spam.
You must not use our website to copy, publish or send material which is illegal or unlawful, or material which could give rise to legal action under English and other applicable law. All material you copy, publish or send via our website must not be defamatory, obscene, indecent, hateful, discriminatory or inflammatory; such material must not infringe any person’s intellectual property rights or rights of confidence, impinge upon any person’s privacy, or constitute incitement to commit a crime[; further, material must not be misleading, deceptive, sexually explicit, threatening, abusive, harassing or menacing.
We reserve the right to edit or remove any material posted upon our website.
We may take such action as we deem appropriate to deal with the posting of unsuitable material, including suspending or cancelling your account, restricting your access to our website, or commencing legal proceedings against you.
In respect of all material that you post on our website, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.
We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version
(7) Entire agreement
(8) Law and jurisdiction
This notice will be governed by and construed in accordance with English law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of England.
(9) Our contact details
The full name of our company is Lullaby Babies Ltd and it is owned by the Managing Director Richard Jenkinson. The address of our head office is: Lullaby Babies Ltd, Meadow View, Church Lane, Thornton Dale. North Yorkshire. YO18 7QL. The majority of gifts available on this website will be despatched from our warehouse: Unit 3, Princes Drive Industrial Estate. Kenilworth. CV8 2FD. A large number of our personalised products will be despatched directly from the relevant supplier. Please contact us before returning items. You can contact us by visiting: http://www.lullaby-babies.co.uk/contact-us
(10) Customer error
Lullaby Babies Ltd will not be held accountable for any losses or delays of goods that occur as a result of an incorrect delivery address being supplied during checkout. If goods cannot be delivered due to an incorrect delivery address being specified they will usually be returned to us. If goods are returned to us in satisfactory condition, we will refund the price you paid for these goods minus the shipping price you paid. However, we will not be held accountable for goods that are not returned to us successfully. Unless we receive the goods, you will not be eligible for any refund.
For products that require personalisation, please take extreme care when you are submitting the details required for personalisation. We will personalise your product with the exact details that you specify and we therefore refuse to be held responsible for any errors in the personalisation details you supply. Corrections or refunds cannot be made once a personalised product has been produced.
Lullaby Babies Ltd will not be held responsible for any losses or delays of goods that occur due to the recipient not being at the residence at the time delivery is first attempted. If the delivery address is correct but the delivery cannot be made due to the recipient not being at the residence, the goods will usually be taken back to the local depot or post office. If goods remain unclaimed they will usually be returned to us. The length of time that goods remain unclaimed before being returned is determined by the delivery service selected during checkout and the destination country's local policies. If undelivered goods are returned to us, we will refund the price you paid for these goods minus the shipping price you paid. However, we will not be held accountable for goods that are not returned to us successfully. Unless we receive the goods, you will not be eligible for any refund.
Lullaby Babies Ltd also refuses to be held responsible for any loss or damage that occurs due to goods being left outside a residence whilst the recipient is not at home. Whether goods are taken to the local depot or left outside the property is determined by the delivery service chosen and the local postman. If you choose a non-trackable delivery service during checkout, you alone bare the risk of the goods being lost or damaged if they are left outside a residence when the recipient is not home. To avoid this risk, select a trackable delivery service during checkout.
Lullaby Babies Ltd refuses to be held responsible for any loss or damage that occurs to non trackable packages as they progress through the Royal Mail network. If you choose a non-trackable service, you alone bare the risk of the goods being lost or damaged in the post. To avoid this risk, select a trackable delivery service during checkout. In the vast majority of cases we can help locate parcels sent via tracked and non tracked delivery services. Please contact us for more information.
Lullaby Babies Ltd reserves the right to substitute the shipping method you select during checkout for a similar shipping service from a different provider. This allows us to offer you discounted shipping rates based on weight and value.
With the exception of Special Delivery, all other shipping services stipulate delivery time indications that are estimations only and delays may occur.
Lullaby Babies Ltd uses many different suppliers and some of our products are despatched directly from the relevant suppliers.
Lullaby Babies Ltd reserves the right to despatch individual products from the same order separately.
(12) Shipping costs
Although we aim to publish accurate weight-based shipping prices on our website, you will not be liable for a refund if the actual shipping cost turns out to be less than the price you paid. Where applicable, any refunds authorised by us will include the shipping price you paid, not the actual shipping cost.
(13) Faulty goods
If there is a problem with the goods, please contact us. We will deal with the matter in accordance with your legal rights.
Important- Distance Selling Regulations
Under the Consumer Protection (Distance Selling) Regulations 2000, you have the right to cancel a contract within seven days- starting from the day after you take delivery of the good (a "cooling off" period). You have the right to cancel for any reason without penalty.
If you wish to cancel a contract, please write to us or email clearly stating your full details, order number and cancellation instructions. To cancel the contract, you must give us written notice within seven working days starting from the day after you take delivery of the order.
Once you have cancelled the contract, you have a legal "duty of care" to take care of the goods. You must return the goods to us via the address we specify when you contact us. Please do not send the goods back to us until we have instructed you to do so.
Goods must be returned at your own expense unless the items are faulty or misdescribed.
Your refund will be paid within 30 days providing that they are in satisfactory condition.
This cancellation policy does not affect your legal rights — for example, if goods are faulty or misdescribed.
Please note that the Distance Selling Regulations do not apply to personalised products. If you order and pay for one of our personalised products, the 'cooling off' period does not apply and no refunds or replacements will be available (unless the goods are faulty).
Where applicable refunds/repalcements will be processed within 14 working days of receiving your refund/replacement request.
These terms and conditions are based on a freely-available template created and distributed by www.website-law.co.uk.
We are committed to safeguarding the privacy of our website visitors; this policy sets out how we will treat your personal information.
(1) What information do we collect?
We may collect, store and use the following kinds of personal data:
(a) information about your visits to and use of this website;
(b) information about any transactions carried out between you and us on or in relation to this website, including information relating to any purchases you make of our goods or services;
(c) information that you provide to us for the purpose of registering with us and/or subscribing to our website services and/or email notifications.
(2) Information about website visits
We may collect information about you computer and your visits to this website such as your IP address, geographical location, browser type, referral source, length of visit and number of page views. We may use this information in the administration of this website, to improve the website’s usability, and for marketing purposes.
We may send a cookie which may be stored on by your browser on your computer’s hard drive. We may use the information we obtain from the cookie in the administration of this website, to improve the website’s usability and for marketing purposes. We may also use that information to recognise your computer when you visit our website, and to personalise our website for you.
Most browsers allow you to refuse to accept cookies. (For example, in Internet Explorer you can refuse all cookie by clicking “Tools”, “Internet Options”, “Privacy”, and selecting “Block all cookies” using the sliding selector.) This will, however, have a negative impact upon the usability of many websites.
(3) Using your personal data
(a) improve your browsing experience by personalising the website;
(b) send information (other than marketing communications) to you which we think may be of interest to you by post or by email or similar technology;
(c) send to you marketing communications relating to our business [or the businesses of carefully-selected third parties] which we think may be of interest to you by post or, where you have specifically agreed to this, by email or similar technology (you can inform us at any time if you no longer require marketing communications to be sent by emailing us at: email@example.com
(d) provide other companies with statistical information about our users – but this information will not be used to identify any individual user;
(4) Other disclosures
(a) to the extent that we are required to do so by law;
(b) in connection with any legal proceedings or prospective legal proceedings;
(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk); and
(d) to the purchaser or seller (or prospective purchaser or seller) of any business or asset which we are (or are contemplating) selling or purchasing.
(5) International data transfers
If you are in the European Union, information which you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the European Union. You expressly agree to such transfers.
(6) Security of your personal data
We will take reasonable precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.
We will store all the personal information you provide on our secure servers. All electronic transactions you make to or receive from us will be encrypted [using SSL technology].
You are responsible for keeping your password confidential. We will not ask you for your password.
(7) Policy amendments
(8) Your rights
You may instruct us to provide you with any personal information we hold about you. Provision of such information may be subject to the payment of a fee (currently fixed at £10.00).
You may instruct us not to process your personal data for marketing purposes. In practice, you will usually either expressly agree in advance to our use of your personal data for marketing purposes, or we will provide you with an opportunity to opt-out of the use of your personal data for marketing purposes. You can also instruct us not to use your personal data for marketing purposes by email: firstname.lastname@example.org
(9) Third party websites
The website contains links to other websites. We are not responsible for the privacy policies of third party websites.
This website is owned and operated by Lullaby Babies Ltd