Terms of Sale

BACKGROUND:

These Terms of Sale set out the terms under which Goods are sold by Us to Customers through this website, https://www.kidsonthegreen.com/ (“Our Site”).  Please read these Terms of Sale carefully and ensure that You understand them before ordering any Goods from Our Site.  You will be required to read and accept these Terms of Sale when ordering Goods.  If You do not agree to comply with and be bound by these Terms of Sale, You will not be able to order Goods through Our Site.  These Terms of Sale, as well as any and all Contracts are in the English language only.

Definitions and Interpretation

1. In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
2. “Business Customer” means a person or Limited Company purchasing Goods in connection with, or for use in, a trade, business, craft or profession;

1. Information About Us
1. Our Site, https://www.kidsonthegreen.com/ is owned and operated by Kids on the Green, a company registered in England and Wales whose registered address is Unit 12 Latimer road London, W10 6RQ and whose main trading address is Unit 12 Latimer road London, W10 6RQ. 
2. Access to and Use of Our Site
1. Access to our site is provided free of charge on an “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to You in any way if Our Site (or any part of it) is unavailable at any time and for any period. Usage is subject to our Website Terms of Use.
2. These Terms of Sale constitute the entire agreement between Us and You with respect to Your purchase of Goods from Us.  You acknowledge that You have not relied upon any statement, representation, warranty, assurance, or promise made by or on behalf of Us that is not set out in these Terms of Sale and that You shall have no claim for innocent or negligent misrepresentation or negligent misstatement based upon any statement herein.
3. Please note that We only deliver within the United Kingdom

1. Goods, Pricing and Availability
1. We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.  Please note, however, the following:
1. Images of Goods are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in device displays and lighting conditions;
2. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary;
2. Please note that sub-Clause 4.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether.  Please refer to  our Returns Policy if You receive incorrect Goods (i.e. Goods that are not as described).
3. Where appropriate, You may be required to select the required [size,] [model,] [colour,] [number,] of the Goods that You are purchasing.
4. We cannot guarantee that Goods will always be available.  Stock indications are provided on Our Site, however such information is indicative only and not a contractually binding statement of availability.
5. Minor changes may, from time to time, be made to certain Goods between Your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues.  Any such changes will not change any main characteristics of the Goods and will not normally affect Your use of those Goods.  However, if any change is made that would affect Your use of the Goods, suitable information will be provided to You.
6. In some cases, more significant changes may be made to the Goods.  If any such changes are made and will affect Your Order, We will notify You in writing before the changes take effect and You will be given an opportunity to cancel Your Order (or the affected part thereof), and We will issue a refund for any Goods paid for but not received.
7. We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online.  We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that You have already placed other than in respect of any VAT changes.  If the VAT rate changes between Your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.
8. All prices are checked by Us before We accept Your Order.  In the unlikely event that We have shown incorrect pricing information, We will contact You in writing to inform You of the mistake.  If the correct price is lower than that shown when You made Your Order, We will simply charge You the lower amount and continue processing Your Order.  If the correct price is higher, We will give You the option to purchase the Goods at the correct price or to cancel Your Order (or the affected part of it).  We will not proceed with processing Your Order in this case until You respond.  If We do not receive a response from You within 7 days of Us advising you of the correct price, We will treat Your Order as cancelled and notify You of this in writing.
9. In the event that the price of Goods You have ordered changes between Your Order being placed and Us processing that Order and taking payment, You will be charged the price shown on Our Site at the time of placing Your Order.
10. Delivery charges are not included in the price of Goods displayed on Our Site.  Information and options regarding payment for delivery charges, will be presented to You as part of the order process.

1. Orders – How Contracts Are Formed
1. Our Site will state when Goods are not currently available, and You may register Your interest in the Goods and request to be notified by Us when the Goods become available. You may register Your interest by completing Your details. Registering Your interest does not form a Contract. You must complete the order process as described below in order to form a Contract.
2. Our Site will guide You through the ordering process.  Before submitting Your Order You will be given the opportunity to review Your Order and amend it.  Please ensure that You have checked Your Order carefully before submitting it.
3. If, during the order process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible.  If We are unable to process Your Order due to incorrect or incomplete information, We will contact You to ask You to correct it.  If You do not give Us the accurate or complete information within a reasonable time of Our request, We will cancel Your Order and treat the Contract as being at an end.  If We incur any costs as a result of Your incorrect or incomplete information, We may pass those costs on to You.
4. No part of Our Site constitutes a contractual offer capable of acceptance.  Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.  Our acknowledgement of receipt of Your Order does not mean that We have accepted it.  Our acceptance is indicated by Us sending You an Order Confirmation by email.  Only once We have sent You an Order Confirmation will there be a legally binding Contract between Us and You.
5. Order Confirmations shall contain the following information:
1. Your Order Number;
2. Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
3. Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
4. Estimated delivery date(s).

1. In the unlikely event that We do not accept or cannot fulfil Your Order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to You as soon as possible and in any event within 7 days.
2. Any refunds due will be made using the same payment method that You used when ordering the Goods.
3. Individual Consumers have the right to cancel the order if the cancellation is made within 14 calendar days of the receiving the Goods and the cancellation request is made in accordance with the provisions of Our Returns Policy and the goods are returned to us in accordance with the provisions of the Returns Policy.
4. Business Customers do not have the right to cancel the order [however we may at our discretion accept a cancelation of A Business Customer order, provided that we have not taken any steps to process and ship Your order at the point when You request cancellation]. This does not affect Your  statutory rights.
1. Payment
1. Payment for Goods and related delivery charges must always be made in advance and You will be prompted to pay during the order process.  Your chosen payment method will not be charged until We dispatch Your Goods.
2. Payment must be made in full for Your Order, without any set-off, counterclaim, deduction, or withholding (except where any deduction or withholding of tax is required by law).
3. We accept the following methods of payment on Our Site:
1. Visa debit; or
2. Visa Credit

1. Delivery, Risk and Ownership
1. All Goods purchased through Our Site will normally be delivered within 30 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see Clause 10).
2. If We are unable to deliver the Goods on the delivery date, the following will apply:
1. If no one is available at Your delivery address to receive the Goods and the Goods cannot be posted through Your letterbox or left in a safe place nominated by You, Our nominated Courier will leave a delivery note explaining how to rearrange delivery or where to collect the Goods;
2. If You do not collect the Goods or rearrange delivery, We will contact You to ask You how You wish to proceed.  If We cannot contact You or arrange redelivery or collection, We will treat the Contract as cancelled and recover the Goods.  If this happens, You will be refunded the purchase price of the Goods themselves, but not the cost of delivery.  We may also bill You for any reasonable additional cost that We incur in recovering the Goods and this may be deducted from any refund due to You.
3. In the unlikely event that We fail to deliver the Goods within 60 calendar days of Our Order Confirmation You may at Your discretion treat the Contract as being at an end immediately.
4. Any sums that You have already paid for cancelled Goods will be refunded to You within 7 days. Please note that if any cancelled Goods are delivered to You, You must return them to Us or arrange with Us for their collection.  You will bear the cost of returning the cancelled Goods unless the cancellation has occurred due to Us being unable to fulfil your order and we may deduct any monies owed by You to Us from any refund due.
5. Delivery shall be deemed complete once We have delivered the Goods to the address You have provided.
6. Ownership of the Goods passes to You once We have received payment in full of all sums due (including any applicable delivery charges).
7. Responsibility for (the risk in) the Goods will pass to You [when Delivered to You, as defined in sub-Clause 7.5]. OR [when ownership passes to You, as defined in sub-Clause 7.6]
8. Any refunds due under this Clause 7 will be made using the same payment method that You used when ordering the Goods and is subject to our Returns policy.

1. Faulty, Damaged or Incorrect Goods
1. We warrant that the Goods, on delivery, shall be as described; be free from material defects in design, material, and workmanship; be of satisfactory quality (as defined in the Sale of Goods Act 1979); and be fit for any purpose described by Us. Returns are subject to the Returns Policy.
2. Our Liability
1. If You are Business Customer :
1. Subject to sub-Clause 14.4, We will not be liable to You, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of business, interruption to business, for any loss of business opportunity, or for any indirect or consequential loss arising out of or in connection with any contract between You and Us.
2. Subject to sub-Clause 14.4, Our total liability to You for all other losses arising out of or in connection with any contract between You and Us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the level at which we carry insurance for product liability on an each and every claims basis and for public liability claims on an each and every claim basis.
3. Except to the extent expressly set out in sub-Clause 8,1, the terms implied by Sections 13 to 15 of the Sale of Goods Act 1979 and by Sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
4. Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); for fraud or fraudulent misrepresentation; for breach of the terms implied by Section 12 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982; for defective products under the Consumer Protection Act 1987; or for any other matter in respect of which liability cannot be excluded or restricted by law.
2. If You are acting as an Individual Consumer we accept no liability for any:
1. loss which is not foreseeable (loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by You and us at the time You and we entered into our agreement);
2. loss which arises when we are not at fault or in breach of our agreement; and
3. business loss (which includes loss of profits, loss of business, contracts, goodwill, business opportunity and other similar losses).
3. If You are acting as an Individual Consumer, You may have certain legal rights regarding claims in respect of losses caused by our negligence or failure to carry out our obligations. Nothing in our agreement is intended to limit Your legal rights as a consumer. For further information about Your legal rights You can contact Your local authority Trading Standards Department or Citizens Advice Bureau.

1. Events Outside of Our Control (Force Majeure)
1. We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.  Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
2. If any event described under this Clause 10 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
1. We will inform You as soon as is reasonably possible;
2. We will take all reasonable steps to minimise the delay;
3. To the extent that We cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
4. We will inform You when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
5. If the event outside of Our control continues for more than 90 days We will cancel the Contract and inform You of the cancellation.  Any refunds due to You as a result of that cancellation will be paid to You as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that You used when ordering the Goods;
6. If an event outside of Our control occurs and You wish to cancel the Contract as a result, You may do so in any way You wish, however for Your convenience We offer a Cancellation Form on Our Site.  If You would prefer to contact Us directly to cancel, please use the following details:
   Telephone: (0203) 581-9132
   Email: info@kidsonthegreen.com
   Post: Unit 12 Latimer Road, London, W10 6RQ;

   In each case, providing Us with Your name, address, email address, telephone number, and Order Number.  Any refunds due to You as a result of such cancellation will be paid to You as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled and will be made using the same payment method that You used when ordering the Goods.

1. Returns
1. Returns of Goods are subject to our Returns Policy.
2. Communication and Contact Details
1. If You wish to contact Us with general questions or complaints, You may contact Us by telephone at (0203) 581-9132 by email at info@kidsonthegreen.com, or by post at Unit 12 Latimer Road, London, W10 6RQ.
2. For matters relating the Goods or Your Order, please contact Us by telephone at (0203) 581-9132 by email at info@kidsonthegreen.com, or by post at Unit 12 Latimer Road, London, W10 6RQ.
3. For matters relating to cancellations, please contact Us by telephone at (0203) 581-9132 by email at info@kidsonthegreen.com, or by post at Unit 12 Latimer Road, London, W10 6RQ, or refer to the relevant Clauses above.

1. Complaints and Feedback
1. 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.
2. All complaints are handled in accordance with Our complaints handling policy.
3. If You wish to give Us feedback on any aspect of Your dealings with Us, please contact Us in one of the following ways:
1. In writing, addressed to Kids on the Green, Unit 12 Latimer Road, London, W10 6RQ;
2. By email, addressed to Kids on the Green, info@kidsonthegreen.com;
3. Using Our complaints form, following the instructions included with the form;
4. By contacting Us by telephone on (0203) 581-9132

1. How We Use Your Personal Information (Data Protection)

We will only use Your personal information as set out in Our Privacy and Cookie Policy.

1. Other Important Terms
1. We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, You will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.
2. You may not transfer (assign) Your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission.  We may not permit the assignment if we consider such assignment to be detrimental to our interests.
3. The Contract is between You and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.
4. If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.
5. No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.
6. We may revise these Terms of Sale from time to time in response to changes in relevant laws and other regulatory requirements or updates or changes to our business practices and model.  If We change these Terms of Sale as they relate to Your Order, We will give You reasonable advance notice of the changes and provide details of how to cancel if You are not happy with them.  If You do opt to cancel, You must return any affected Goods You have already received and We will arrange for a full refund (including delivery charges) which will be paid within 14 days of Your cancellation and will be made using the same payment method that You used when ordering the Goods.

1. Law and Jurisdiction
1. These Terms of Sale, and the relationship between You and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.
2. Any disputes concerning these Terms of Sale, the relationship between You and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.