Terms and conditions

Welcome to The Kidz Gift Company website.  These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and The Kidz Gift Company LTD,  the owner and operator of this Website.

Please read these terms and conditions carefully, as they affect your legal rights.  Your use of this website constitutes acceptance of these terms and conditions upon your first use of the Website and will apply to the purchase of the goods by you (the Customer or you) . If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

You can only purchase the Goods from the website if you are at least 18 years old.

These terms and conditions may be revised at any time by us updating the website. Changes to these terms and conditions will be effective immediately when they are posted on the website. We reserve the right to close the website at any time, and to amend or correct any website content, with or without prior notice.

Our privacy policy supplements these terms and conditions and by using our website you will be deemed to have read and accepted our privacy policy. We consider and confirm that all and any linked content to other documents and/or areas of our website form part of our Terms and Conditions policy.

The Kidz Gift Company Ltd is a company registered in England and Wales under number 13176878. Our registered office is at Flat 3 Maplewood Court , 31 Eastbury Avenue, Northwood, Hertfordshire, HA6 3LL. Our email address is info@thekidzgiftcompany.co.uk.  Our telephone number is 01923 828797

 Copyright

The content of the website and the content identifying The Kidz Gift Company is protected by copyright.  All content included in the site such as text, graphics, logos, button icons, images, audio clips, video is of The Kidz Gift Company Ltd.  You may use the content for your own personal and non-commercial use only. Any modification or its use for any other purpose is a violation of the proprietary rights of The Kidz Gift Company Ltd.

 Liability

Our maximum liability arising out of any order for the supply of goods to you under this contract will be limited to the retail price of goods contained in that order.

We present the most recent, most accurate and most reliable information at all times. However, there may be occasions when some of the information featured may contain incomplete data, typographical errors or other inaccuracies. We try to ensure that all pricing is accurate but occasionally an error may occur and goods may be incorrectly priced. Any errors are wholly unintentional and we apologies if any information is reflected in the price or availability. 

We will not be obliged to supply goods at the incorrect price. We present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice.

Given the unpredictability of technology and the online environment, we do not warrant that the function or operation of our website will be uninterrupted or error-free, that defects will be corrected or that this site or the server that makes it available will be free of viruses or other harmful elements. Also, your access to our website may be occasionally suspended or restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction. As a visitor to, and user of our website, you agree that your access is undertaken at your own risk and it is your responsibility to ensure that you have the right equipment and software to safely access our website and/or app. We shall not be liable for damages or losses of any kind that you may incur from the use of or inability to access our website.

Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

You hereby 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.

This does not affect your statutory rights as a consumer.

Goods

The description of the Goods is as set out in the website, catalogues, brochures or other form of advertisement.  We take all reasonable care to ensure that all details, descriptions, and prices of products appearing on the website are correct.  Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the goods supplied.

In the case of any Goods made to your special requirement or personalised gifts, it is your responsibility to ensure that any information or specification you provide is accurate.

All Goods which appear on the website are subject to availability.

We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement.

We have the right to amend, update and change details regarding the product and price.

Ordering from us

You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement by email, detailing the products you have ordered.

Our acceptance of an order takes place when we despatch the order. 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.

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
(d) If you do not meet any eligibility criteria set out in our terms and conditions
(e) If the order is to be delivered outside of the United Kingdom.  
Pricing
VAT will be included in the total price upon checkout. Our prices are reviewed periodically.

Personal information and Registration

When registering to use the Website you must set up a username and password. You remain responsible for all actions taken under the chosen username and password and undertake not to disclose your username and password to anyone else and keep them secret.  We do not permit you to share it.  Each registration is for a single user only.

You will notify us immediately of any changes to any information you have submitted to the website

You are the authorised holder of any credit or debit card you may use on the website

By clicking Confirm Order you are confirming your acceptance of these terms and conditions and that you are giving us permission to preauthorise your account upon order and debit your account upon purchase.

E-mails sent will be deemed as read, it is your responsibility to ensure that the email address supplied is accurate and capable of receiving our e-mails

We may contact you by using email or other electronic communication methods and by pre-paid post and you expressly agree to this.

Your purchase order

The description of the Goods in our website does not constitute a contractual offer to sell the Goods. You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement by email, detailing the products you have ordered.

Our acceptance of an order takes place when we dispatch the order. When we dispatch 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.

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
(d) If you do not meet any eligibility criteria set out in our terms and conditions
(e) If the order is to be delivered outside of the United Kingdom.  

Although we take all reasonable care to ensure that all descriptions, details and prices of the products appearing on the website are correct at the time when they were entered onto the system, the information appearing on the website at any time may not reflect the exact position at the moment you place an order. We make every effort to ensure that they are as accurate as possible.

We reserve the right to make changes to the website without prior notice, in respect of any ordered goods, the terms and conditions which apply shall be those which the customer has accepted when an order has been placed. Once an order is placed customers are deemed to have read and agreed to the terms and conditions. 

Any errors regarding website-based information, quotation, price list, acceptance of offer, invoice or other documentation or information issued by us may be subject to correction without any liability on our part.

Price and Payment

The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.

You must pay using one of the payment options on our website with your Order and we will take payment immediately.

Delivery

We will deliver the Goods, to the Delivery Location by the time or within the agreed period.  Delivery will be made as soon as possible and usually within 7 days of receipt of your order. 

We make every effort to dispatch goods within the specified timescales, however sometimes due to unforeseen circumstances we cannot guarantee delivery times or except liability for late delivery. This also applies to products sent directly from our manufacturers. We do not except liability for any costs incurred due to failed or delayed deliveries. 

If any of the details you have given us are incorrect, we are not liable for any of the items, which have not been received.

You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason, subject to the above provisions and provided you are not liable for extra charges.

If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.

The Goods will become your responsibility from the completion of delivery or Customer collection. You must, examine the Goods before accepting them.

We do not generally deliver to addresses outside England and Wales, Scotland, Northern Ireland, the Isle of Man and Channels Islands. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them. Please contact us for delivery costs, as deliveries outside mainland UK are not covered by our usual postal service .  We reserve the right to contact you to make you aware of the additional costs.

Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.

You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.

Out of Stock

Usually everything displayed on our site as In Stock is present in our business and available for immediate sale.

In the unlikely event that any ordered goods are not readily available to us, we can offer you the option to pre-order the item or we reserve the right to cancel your order. You will receive an email notification if the item is only available for pre-order or if any order cancellation as a result of stock out confirming that any pre-authorisation has been released and/or payment refunded for the goods in question, in line with our Payment Terms. To the extent that the out of stock item forms part of a larger order, all other goods ordered by the customer will be dispatched in the normal way.

Faulty items

If the item received is faulty, please contact our customer care team quoting the order number, name and address, details of the product and the reason for return, and whether a refund or a replacement is required. We will then advise on how to proceed with the return. Refunds cannot be given if the fault is as a result of misuse.

 Returns and Cancellation

If you wish to return an item, please contact us quoting the order number, name and address, details of the product and the reason for return, and whether a refund or a replacement is required.  Please send a by email to returns@thekidzgiftcompany.co.uk. 

However this does not apply to:

  1. Bespoke manufactured products we have personalised or customized specifically for you
  2. If you have made a spelling mistake on the order and it has been sent to production.
  3. Where, in our opinion, you have not taken reasonable care of goods whilst in your possession.

If you are returning an item due to our error , or because it is defective, we are happy to refund the full value.

We cannot refund the postage and packing cost for unwanted items.

If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods or hand them over to us without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.

Privacy

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.

These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy and cookies policy .

For the purposes of these Terms and Conditions:

  1. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the GDPR.
  2. ‘GDPR’ means the UK General Data Protection Regulation.
  3. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR.

We are a Data Controller of the Personal Data we Process in providing Goods to you.

Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:

  1. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
  2. we will only Process Personal Data for the purposes identified;
  3. we will respect your rights in relation to your Personal Data; and
  4. we will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding data privacy, you can email: info@thekidzgiftcompany.co.uk.

Safety & Regulations

At The Kidz Gift Company Ltd safety is key here and all our products are tested to the relevant safety standards. Please check the labelling on the packaging, which indicates the age group for which the product is suitable. Please ensure you check for any other warnings or recommendations and keep toys intended for older children well away from younger children.

To ensure the best experience for our children, keep in mind the following Toy Safety Tips:

  1. Read all warnings and instructions
  2. Check toys are suitable for the child’s age, abilities and skill level
  3. Do not buy products with small detachable parts for children under 3 years of age
  4. Follow carefully the instructions for proper assembly and use
  5. Keep an eye on children as they play
  6. Make sure all packaging is removed

 Social Media

Share your pictures with us, we love to see you use our products!  If you tag @thekidzgiftcompany or use #thekidzgiftcompany you have given us permission to repost these images on our social media platforms or website. This is classed as User Generated Content. By sharing your content you are agreeing to these Terms and Conditions.

You own the content you share, by sharing it with us you do not grant any type of ownership rights to us, you represent and warrant that you own all right, title and interest in the user generated content that you share including all copyright. You also represent and warrant that sharing and publishing of your user generated content does not violate the rights of any other person or intellectual property rights. By sharing user generated content you represent and warrant that you are over 18 and that you are the parent or legal guardian of each child shown in the photos you submit. You also represent and warrant that any adult who appears in your photos is yourself.

By sharing your user generated content you are granting The Kidz Gift Company Ltd and its successors and assigns, a perpetual, worldwide, non-exclusive, fully paid-up license to use your user generated content including all copyright, in all forms and media types. By doing this it means that we have the right to copy, display, publish, modify, and store your user generated content anywhere and through any means, and that our right will not expire. This also means that you will not receive any payment as compensation for granting these rights to The Kidz Gift Company Ltd.

We have no obligation to use any of the user generated content that you share and we reserve the right to select in our own discretion which images will be shared and published. The user generated content submitted to us may be used on our website and on our social media pages. We also may publish information in our catalogues, e-mail marketing, and in any other promotional and marketing materials. By sharing your user generated content you waiver and release to The Kidz Gift Company Ltd from any and all liability resulting from our use of the user generated content.

When user generated content is shared with us it will be available to the public and our audience. Please use caution when deciding what personal information to disclose and share. If you wish to remove your user generated content from our site, please send us an email to info@thekidzgiftcompany.co.uk. Even if we remove your content your waiver rights will continue to apply to all user generated content that we have already used.

Governing Law and Jurisdiction

These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the English courts.