terms & conditions

Lynda Harding

(1) Introduction Please read these terms and conditions of sale carefully. You will be asked to expressly agree to these terms and conditions of sale before you place an order for products from our website. (2) Interpretation In these terms and conditions of sale, “we” means easidream® Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly). (3) Order process The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below. In order to enter into a contract to purchase products from us, you will need to take the following steps: a)you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout b)if you are a new customer, you must create an account with us and log in; if you are an existing customer, you must enter your login details c)once you are logged in, you must select where you wish your goods to be delivered to and where you would like us to send your invoice d)you will then be asked to confirm your order and your consent to these terms and conditions of sale e)you will be transferred to the PayPal website, and PayPal will handle your payment f)once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. We will not file a copy of these terms and conditions of sale specifically in relation to your order. We may update the version of these terms and conditions of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms and conditions of sale for your records. The only language in which we provide these terms and conditions of sale is English. Before you place your order, you will have the opportunity of identifying whether you have made any input errors when you are provided with a summary of the details you have provided. You may correct those input errors before placing your order by selecting the option to amend your details. (4) The products easidream® Limited manufactures, sells and supplies innovative baby sleep products. (5)Price and payment Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product’s correct price will be stated when you pay for the product. In addition to the price of the products, you will have to pay a delivery charge, which will be as calculated and stated before you commit to buy at the checkout. Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds. The prices on the website include all value added taxes (where applicable). Payment for all products on our website must be made via PayPal. If you wish to send a cheque for goods, your cheque must be made payable to easidream® Ltd and sent to: easidream® Limited, The Lodge, Woodside House, Purbrook Heath Road, Purbrook, Waterlooville, Hampshire PO7 5RT. Goods will not be dispatched until payment has cleared. Prices for products are liable to change at any time, but changes will not affect contracts which have come into force. (6) Your warranties You warrant to us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms and conditions; (b) the information provided in your order is accurate and complete; © you will be able to accept delivery of the products; (7) Delivery policy We will arrange for the products to be delivered to the address for delivery indicated in your order. We will use reasonable endeavours to deliver products on or before the date for delivery set out in our Delivery Policy. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 14 days of the later of receipt of payment and the date of our order confirmation. We will only deliver products within the UK and Europe. (8) Risk and ownership The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of: (a) delivery of the products; and (b) receipt by us of full payment of all sums due in respect of the products (including delivery charges). We will be entitled to recover payment for the products even where ownership has not passed to you. (9) “Cooling off” period You may cancel a contract to purchase a product on our website or products at any time within 7 working days after the day you received the relevant products or products. If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same (working) condition in which you received them with the packaging intact. Products returned by you within the 7 working day period referred to above will be refunded in full. However, you will be responsible for paying the cost of returning the product to us. If you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you. (10) Statutory rights Nothing in these terms and conditions of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you). (11) Refunds and returns If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation. 30 Day Money Back Guarantee We trust you will be delighted with your purchase from easidream but should you wish to return anything bought from us, we will be happy to offer a refund (less P&P & the cost of ewan) or an exact replacement for your return, provided it is in a fully resaleable condition, and returned to us, so that we receive it within 30 days of the original delivery. If we discover that the product has not been returned to us in fully resaleable condition, we reserve the right to refuse a refund on the item. Please note that the 30 day money back guarantee unfortunately does not apply outside the UK. Please also note that ewan the dream sheep is excluded from the 30 day money back guarantee. Your refund or replacement will be processed as soon as possible, and you will be refunded in full within 30 days. A refund of the delivery charge will only be given in the instance of incorrect, damaged or faulty goods. To return goods, please phone easidream on 02392 262332 or contact us online to arrange for the goods to be returned via our courier. This returns policy is in addition to your statutory rights, which will remain unaffected. (12) Limitations of liability Nothing in these terms and conditions of sale will limit or exclude your or our liability for: 1)death or personal injury caused by negligence 2)for fraud or fraudulent misrepresentation 3)for any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability. Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time). (13) General terms Images of products on our website are for illustrative purposes; actual products may differ from such images. We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy. Contracts under these terms and conditions of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms and conditions of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you. If any provision of these terms and conditions of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted. No waiver of any provision of these terms and conditions of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms and conditions of sale. You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms and conditions of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms and conditions of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms and conditions of sale. Each contract under these terms and conditions of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract. Subject to the first paragraph of Section 12: these terms and conditions of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms and conditions of sale have been made by or on behalf of the other party in relation to the purchase of products from our website. No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. (14) Force majeure We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees or contractors. These terms and conditions of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms and conditions of sale. (15) Complaints Procedure We aim to satisfy the requirements of all of our customers as efficiently as we can, but we do realise that at times things may go wrong. When they do we will put them right as soon as possible. If you have a complaint please contact us using our online form. (16) Intellectual Property – Patent / Trademarks / Copyrights / Restrictions Design of our products: All of our products are designed in the UK by easidream® Ltd. Intellectual and Design protection: easidream® has a European patent pending. Patent protection also extends worldwide. All our products are worldwide registered designs and copyright designs. It is an offence to copy, manufacture or sell such products without our permission. Trademarks: easidream® is a registered trademark and trademark protection extends worldwide. This website and all materials on it, including, but not limited to, images, are the sole property of easidream® Limited and are protected from unauthorised copying and dissemination by copyrights law, trademark law. You may not reproduce, republish, upload, post, transmit, or distribute in any way whatsoever any materials from www.easidream.com without the prior written permission of easidream® Limited. (17) About us Our full name is easidream® Limited. Our registered office and our principal trading address is The Lodge, Woodside House, Purbrook Heath Road, Purbrook, Waterlooville, Hampshire PO7 5RT. UNITED KINGDOM Our email address is <a href="mailto:lynda@easidream.com">lynda@easidream.com</a> Our company registration number is 06311255. Our VAT number is 941 2592 27

2009-04-20T18:42:12+01:00

terms-conditions 3289402

2009-04-20T18:42:12+01:00

294002

terms & conditions 2010-03-06T12:51:37+00:00 (1) _Introduction_ Please read these terms and conditions of sale carefully. You will be asked to expressly agree to these terms and conditions of sale before you place an order for products from our website. (2) _Interpretation_ In these terms and conditions of sale, “we” means *easidream®* Limited (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly). (3) _Order process_ The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below. In order to enter into a contract to purchase products from us, you will need to take the following steps: a)you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout b)if you are a new customer, you must create an account with us and log in; if you are an existing customer, you must enter your login details c)once you are logged in, you must select where you wish your goods to be delivered to and where you would like us to send your invoice d)you will then be asked to confirm your order and your consent to these terms and conditions of sale e)you will be transferred to the PayPal website, and PayPal will handle your payment f)once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order. We will not file a copy of these terms and conditions of sale specifically in relation to your order. We may update the version of these terms and conditions of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms and conditions of sale for your records. The only language in which we provide these terms and conditions of sale is English. Before you place your order, you will have the opportunity of identifying whether you have made any input errors when you are provided with a summary of the details you have provided. You may correct those input errors before placing your order by selecting the option to amend your details. (4) _The products_ easidream® Limited manufactures, sells and supplies innovative baby sleep products. (5)_Price and payment_ Prices for products are quoted on our website. The website contains a large number of products and it is always possible that some of the prices on the website may be incorrect. We will verify prices as part of our sale procedures so that a product's correct price will be stated when you pay for the product. In addition to the price of the products, you will have to pay a delivery charge, which will be as calculated and stated before you commit to buy at the checkout. Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds. The prices on the website include all value added taxes (where applicable). Payment for all products on our website must be made via PayPal. If you wish to send a cheque for goods, your cheque must be made payable to *easidream®* Ltd and sent to: *easidream®* Limited, The Lodge, Woodside House, Purbrook Heath Road, Purbrook, Waterlooville, Hampshire PO7 5RT. Goods will not be dispatched until payment has cleared. Prices for products are liable to change at any time, but changes will not affect contracts which have come into force. (6) _Your warranties_ You warrant to us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms and conditions; (b) the information provided in your order is accurate and complete; (c) you will be able to accept delivery of the products; (7) _Delivery policy_ We will arrange for the products to be delivered to the address for delivery indicated in your order. We will use reasonable endeavours to deliver products on or before the date for delivery set out in our Delivery Policy. However, we cannot guarantee delivery by the relevant date. We do however guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 14 days of the later of receipt of payment and the date of our order confirmation. We will only deliver products within the UK and Europe. (8) _Risk and ownership_ The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of: (a) delivery of the products; and (b) receipt by us of full payment of all sums due in respect of the products (including delivery charges). We will be entitled to recover payment for the products even where ownership has not passed to you. (9) _“Cooling off” period_ You may cancel a contract to purchase a product on our website or products at any time within 7 working days after the day you received the relevant products or products. If you cancel a contract on this basis, you must inform us in writing and return the products to us immediately, in the same (working) condition in which you received them with the packaging intact. Products returned by you within the 7 working day period referred to above will be refunded in full. However, you will be responsible for paying the cost of returning the product to us. If you cancel a contract on this basis and you do not return to the products to us, we may recover the products and charge you for the costs we incur in doing so. Similarly, if you return the products at our expense, we may pass that expense on to you. (10) _Statutory rights_ Nothing in these terms and conditions of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you). (11) _Refunds and returns_ If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation. 30 Day Money Back Guarantee We trust you will be delighted with your purchase from easidream but should you wish to return anything bought from us, we will be happy to offer a refund (less P&P & the cost of ewan) or an exact replacement for your return, provided it is in a fully resaleable condition, and returned to us, so that we receive it within 30 days of the original delivery. If we discover that the product has not been returned to us in fully resaleable condition, we reserve the right to refuse a refund on the item. Please note that the 30 day money back guarantee unfortunately does not apply outside the UK. Please also note that ewan the dream sheep is excluded from the 30 day money back guarantee. Your refund or replacement will be processed as soon as possible, and you will be refunded in full within 30 days. A refund of the delivery charge will only be given in the instance of incorrect, damaged or faulty goods. To return goods, please phone easidream on 02392 262332 or contact us online to arrange for the goods to be returned via our courier. This returns policy is in addition to your statutory rights, which will remain unaffected. (12) _Limitations of liability_ Nothing in these terms and conditions of sale will limit or exclude your or our liability for: 1)death or personal injury caused by negligence 2)for fraud or fraudulent misrepresentation 3)for any matter for which it would be illegal to limit or exclude, or attempt to limit or exclude, liability. Subject to this, the products we sell are intended for personal use only and we will not be liable for any business losses (including without limitation loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time). (13) _General terms_ Images of products on our website are for illustrative purposes; actual products may differ from such images. We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy. Contracts under these terms and conditions of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms and conditions of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you. If any provision of these terms and conditions of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted. No waiver of any provision of these terms and conditions of sale, whether by conduct or otherwise, in any one or more instances, will be deemed to be, or be construed as, a further or continuing waiver of that provision or any other provision of these terms and conditions of sale. You may not assign, charge, sub-contract or otherwise transfer any of your rights or obligations arising under these terms and conditions of sale. Any attempt by you to do so will be null and void. We may assign, charge, sub-contract or otherwise transfer any of our rights or obligations arising under these terms and conditions of sale, at any time – providing such action does not serve to reduce the guarantees benefiting you under these terms and conditions of sale. Each contract under these terms and conditions of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract. Subject to the first paragraph of Section 12: these terms and conditions of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms and conditions of sale have been made by or on behalf of the other party in relation to the purchase of products from our website. No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver. In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation. (14) _Force majeure_ We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees or contractors. These terms and conditions of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have [non-]exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms and conditions of sale. (15) _Complaints Procedure_ We aim to satisfy the requirements of all of our customers as efficiently as we can, but we do realise that at times things may go wrong. When they do we will put them right as soon as possible. If you have a complaint please contact us using our online form. (16) _Intellectual Property - Patent / Trademarks / Copyrights / Restrictions_ Design of our products: All of our products are designed in the UK by *easidream®* Ltd. Intellectual and Design protection: *easidream®* has a European patent pending. Patent protection also extends worldwide. All our products are worldwide registered designs and copyright designs. It is an offence to copy, manufacture or sell such products without our permission. Trademarks: *easidream®* is a registered trademark and trademark protection extends worldwide. This website and all materials on it, including, but not limited to, images, are the sole property of *easidream®* Limited and are protected from unauthorised copying and dissemination by copyrights law, trademark law. You may not reproduce, republish, upload, post, transmit, or distribute in any way whatsoever any materials from www.easidream.com without the prior written permission of *easidream®* Limited. (17) _About us_ Our full name is *easidream®* Limited. Our registered office and our principal trading address is The Lodge, Woodside House, Purbrook Heath Road, Purbrook, Waterlooville, Hampshire PO7 5RT. UNITED KINGDOM Our email address is "lynda@easidream.com":mailto:lynda@easidream.com Our company registration number is 06311255. Our VAT number is 941 2592 27