Terms and Conditions of Website Use

1.Introduction

Welcome to LittleChickpeas.co.uk

This page tells you the terms on which you may use our website www.littlechickpeas.co.uk whether as registered user or guest. Please read carefully before use.

By using the site, you accept the terms and agree to obey them. If you don’t accept them, please don’t use the site.

2.Who We Are

littlechickpeas.co.uk is operated by Little Chickpeas a UK Limited company registered in England under company number 11030962.

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Some important details about us:

Our registered office is at: 38 Cromwell Ford Way, Blaydon-On-Tyne, England, NE21 4FH

 

Our trading office is at: 38 Cromwell Ford Way, Blaydon-On-Tyne, England, NE21 4FH

Our regulator is: Ben Stacey, 48 Mariners Wharf, Quayside, Newcastle-Upon-Tyne NE12BJ

3.Use of the Site

You have permission for temporary use of the site, but we can withdraw or change our service at any time without telling you and without being legally responsible to you.

You must treat all identification codes, passwords and other security information as confidential. If we think you have failed to keep confidentiality, we are allowed to disable any security information (including your passwords and codes).

If you allow anyone else to use our site, you must make sure that they read these terms first, and that they follow them.

Only use the site as allowed by law and these terms. If you don’t, we may suspend your usage, or stop it completely.

We frequently update the site and make changes to it, but we don’t have to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, and you shouldn’t rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.

We follow our privacy policy in handling information about you. You can read our policy at https://www.littlechickpeas.co.uk/privacy-policy/

By using the site, you agree to us handling this information and confirm that data you provide is accurate.

If you order goods or services from us through the site, your order will take place under our Terms and Conditions of Supply, which you can see below

4.Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.

You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.

If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.

5.Our Legal Responsibility to You

We do not guarantee the accuracy of material on our site. As far as legally possible, we exclude legal responsibility for the following:

Any loss to you arising from use of our site

Loss of income, profit, business, data, contracts, goodwill or savings.

We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.

We don’t exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.

6.Uploading to our Site

If you contact other users of our site or upload material to it, you must follow our acceptable use policy, which sets out standards for usage. You agree to reimburse us for any costs or expenses we incur as a result of any breach of this term.

Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.

We won’t be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time if we think it doesn’t follow our acceptable use policy.

7.Computer Offences

If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity.

Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

You mustn’t try to get access to our site or server or any connected database or make any ‘attack’ on the site. We won’t be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.

8.Links to Our Site

You are allowed to make a legal link to our website’s homepage from your website if the content on your site meets the standards of our acceptable use policy. We can end this permission at any time.

You mustn’t suggest any endorsement by us or association with us unless we agree in writing.

9.Links From Our Site

Links from our site to other sites are only for information. We don’t accept responsibility for other sites or any loss you suffer from using them.

10.Variation

We change these terms from time to time and you must check them for changes because they are binding on you.

11.Applicable Law

12.1 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.

12.2 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

12.3 If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.

12.4 Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties or by LawBite in accordance with their mediation procedure), the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.

12.5 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.

12.6 If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.

12.7 If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.

12.8 Any dispute shall not affect the Parties’ ongoing obligations under the Agreement.

12.9 The English courts have the only right to hear claims related to our site, and all disputes are governed by English law.

13.Contact Us

Please email us at info@littlechickpeas.co.uk to contact us about any issues.

Terms and Conditions for the Supply of Goods to Consumers

1.Introduction

These are the terms and conditions for us to supply you with second-hand baby products.

They describe the terms on which we will sell the goods to you. They explain our legal responsibility to you if we fail to meet these standards.

They also explain that you must pay us the correct price, and when legal ownership of the goods passes from us to you. These issues are important for insurance and risk purposes, and so we have also included a clause to explain the position if goods are damaged or delayed for reasons outside anyone’s control (including natural causes).

This introduction is designed to give you an overview of the terms and conditions, but it is not part of the terms and conditions themselves.

2.The Contract

2.1 The Order is your offer to buy the goods from us or our offer to buy the goods from you, on these Conditions, and you must make sure that the Order (and any required standards or measurements or specification of the Goods that form part of your Order) is correct.

2.2 When we accept, you have a binding contract with us, and these Conditions are part of it.

2.3 The contract is our entire agreement. No previous statements or representations that we have made to you form part of the contract unless they are written into it. This includes samples, drawings, advertising, catalogues and other promotional or descriptive material.

2.4 If either of us needs to give the other a notice under the contract (‘Notice’), the Notice must be given properly to be effective. Clause 9.4 explains how to give a proper Notice.

2.5 We will ensure that we the following information is given or made available to you prior to the formation of the Contract between us and you, unless such information is already apparent from the context of the transaction:

2.5.1 The main characteristics of the Goods;

2.5.2 Our identity and contact details;

2.5.3 The total Price for the Goods including taxes or, if the nature of the Goods is such that the Price cannot be calculated in advance, the manner in which it will be calculated;

2.5.4 Where applicable, all additional delivery charges or, where such charges cannot be calculated in advance, the manner in which they will be calculated;

2.5.5 Where applicable, the arrangements for payment, delivery and the time by which we undertake to deliver the Goods;

2.5.6 Our complaints handling policy;

2.5.7 We shall ensure that you are aware of our legal duty to supply goods that are in conformity with the Contract;

2.5.8 Where applicable, details of after-sales services and commercial guarantees;

2.5.9 Where applicable, the functionality, including appropriate technical protection measures, of digital content; and

2.5.10 Where applicable, any relevant compatibility of digital content with hardware and software that we are aware of or might reasonably be expected to be aware of.

3.The Goods

3.1 The goods are described on our website.

4.Delivery of the Goods

4.1 We will give you a delivery note with each delivery of goods. It will state the Order date, the Order reference number, the type and quantity of goods, the storage instructions, and the outstanding balance of the Order if we are delivering goods by instalments.

4.2 We will deliver the goods to you through postage. Delivery will be completed when the goods are delivered to the delivery address on your Order or the goods have been collected by you.

4.3 If the goods are returned to us undelivered we will store the goods and charge you for all storage and related costs (including insurance) until delivery actually takes place.

4.4 If we fail to deliver the goods, our legal responsibility to you will be limited to your costs of obtaining replacements of similar type and quality at the cheapest available price, less the price of the goods. We will not be legally responsible to you for non-delivery if you give us inadequate delivery or other supply instructions.

4.5 If we refuse to deliver the goods, you may treat the Contract as being at an end and we will reimburse you without undue delay. Alternatively you may, instead of treating the Contract as being at an end, specify a new delivery time or time period. If we continue to fail to deliver the Goods, you may treat the Contract as being at an end and we will reimburse you without undue delay.

5.Promises

5.1 We want you to be satisfied with the quality of the goods and so we offer you the following promise for 12months from the delivery date:

5.1.1 the goods are the same in all material respects as their description. We have made every reasonable effort to ensure that the Goods conform to illustrations, photographs and descriptions provided on our website. We don’t, however, guarantee that all descriptions, illustrations and/or photographs will be precisely accurate. If we find, or are made aware of, any typographical, clerical or other accidental errors or omissions in any sales and marketing literature, price lists or any other documents we will make every reasonable effort to correct such errors or omissions as soon as is reasonably possible.

5.1.2 the goods are free from significant defects;

5.1.3 the goods are of satisfactory quality;

5.1.4 the goods are suitable for any purpose that we have specified.

5.2 If you discover that some or all of the goods do not meet this promise, you can either reject them within 14 days of their receipt by notice in writing to us, or require us to repair or replace them, or (if we fail to do that) require us to refund you the price of the defective goods. This will only apply, however, if you have done the following:

5.2.1 returned the goods to us at our address and cost, if requested.

5.3 Our promise does not apply if:

5.3.1 you continue to use the goods after you have given us Notice of a defect;

5.3.2 the defect has arisen because you have failed to follow any written or oral instructions on the use, storage, installation, or maintenance of the goods;

5.3.3 you alter or repair the goods;

5.3.4 the defect is a result of fair wear and tear, negligence, (being your lack of reasonable care), abnormal storage or working conditions, or deliberate damage;

5.3.5 changes have been made to the goods to comply with regulations which apply to them.

5.4 Our promise only applies on the basis of this clause, but it also applies on the same basis to any repaired or replacement goods that we supply.

5.5 You may cancel your Order at any time before we despatch the goods by contacting us in writing.

5.6 You may also cancel your Order within 14 days of receipt of the goods. If you have already paid for the goods, the payment will be refunded to you within 14 days of your cancellation (including delivery costs).

5.7 We may cancel your Order at any time before we despatch the goods in the following circumstances:

5.7.1 The goods are no longer in stock and we are unable to re-stock (if, for example, the goods are discontinued); or

5.7.2 An event outside of our control set out in Clause 8.3 continues for more than 14 days.

5.8 If we cancel your Order under sub-Clause 5.7 and you have already paid for the goods, the payment will be refunded to you within 14 days. If we cancel your Order, the cancellation will be confirmed by us in writing.

6.Ownership and Risk

6.1 The risk of damage to the goods or their loss passes to you on completion of delivery. (Completion of delivery is explained in clauses 4.4 and 4.5.). You should make sure that you insure the goods from this time onwards.

6.2 Ownership of the goods passes when you have paid us for them in full. Until the ownership passes to you, we will still own the goods.

7.Price and Payment

7.1 The price of the goods is stated on our website. It does not include packaging, insurance and transport costs which will be added.

7.2 We have made every reasonable effort to ensure that our Prices are correct. Prices will be checked when we process your Order. If the actual Price of the Goods is lower than that stated in your Order, you will be charged the lower Price (unless the lower price was an obvious mistake that you could have reasonably recognised). If the actual Price of the Goods is higher than that stated in your Order, we will ask you how you wish to proceed.

7.3 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where we have already received payment in full from you.

7.4 Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum.

7.5 All payments for Goods must be made before we can dispatch the Goods to you.

7.6 We accept the following methods of payment: Card payment through stripe.

8.Limitations on our Legal Responsibilities

8.1 We will not be legally responsible to you for any loss of profit or any loss which you allege arises as a consequence from our contract with you, and our total legal responsibility to you under the contract will not exceed the price of the goods.

8.2 These Conditions do not limit our legal responsibility for death, personal injury caused by our unreasonable carelessness (known as negligence) or that of our employees, agents or sub-contractors , fraud, defective products under the piece of legislation known as the Consumer Protection Act 1987, breach of the requirements that our goods be of satisfactory quality, fit for purpose, match a sample, or match a model seen; or any other matter that the law says we can’t exclude (for example under the Consumer Rights Act, 2015).

8.3 Neither of us will be legal responsible to the other for failure or delay in carrying out this contract which is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest (such as riots), explosions, mechanical breakdown, natural disasters, deliberate damage, or being let down by suppliers or sub-contractors.

8.4 We only supply goods for domestic and private use, we make no warranty or representation that the goods are fit for commercial, business or industrial use of any kind (including re-sale).

9.General

9.1 We are allowed to transfer our rights and responsibilities under this contract to someone else, for example by assignment, a legal charge or sub-contracting our rights and obligations under this contract, but you may not do any of these things unless we have previously agreed in writing that you can.

9.2 Nobody other than we and you may rely on any terms of this contract.

9.3 Changes to the contract are only binding if we agree them in writing, sign them and give you a copy.

9.4 If either of us wishes to give a notice to the other under the contract, we must give it in writing and either deliver it or send it by first class post to the other’s registered office (or another address specifically given to the sender for this purpose). Delivery by post will be regarded as completed by 9:00 am on the second day after posting. This arrangement does not apply to the service of any documents in legal proceedings. Our registered office address is 38 Cromwell Ford Way, Blaydon-On-Tyne, England, NE21 4FH

9.5 Delay in exercising a right under the contract will not take away that right or any other right.

 

9.6 We always welcome feedback from our customers and, whilst we always use all reasonable endeavours to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.

9.7 All complaints are handled in accordance with our complaints handling policy and procedure. Complaints may be initiated by contacting info@littlechickpeas.co.uk

 

9.8 The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.

9.9 If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.

9.9 If the Parties are unable to agree upon a mediator, or if the mediator agreed upon is unable or unwilling to act and an alternative mediator cannot be agreed, any party may within 14 days of the date of knowledge of either event apply to LawBite to appoint a mediator under the LawBite Mediation Procedure.

9.10 Within 14 days of the appointment of the mediator (either by mutual agreement of the Parties or by LawBite in accordance with their mediation procedure), the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.

9.11 All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.

9.12 If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.

9.13 If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration by an arbitrator to be appointed by LawBite under the Rules of the LawBite Arbitration Scheme.

9.14 Any dispute shall not affect the Parties’ ongoing obligations under the Agreement.

9.15 The contract operates under by English law and only the courts of England and Wales will have the right to deal with any disputes arising from it.

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