Terms and Conditions

Amber Pumpkin Limited
Terms and conditions of supply

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our websites www.amberpumpkin.com and www.amberpumpkin.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. In the case of any inconsistency between these terms and conditions and any content on our site, these terms and conditions shall prevail.
You should print a copy of these terms and conditions for future reference.

Please click on the button marked "I Accept" on the order page if you accept these terms and conditions. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

1. INFORMATION ABOUT US

www.amberpumpkin.com is a site operated by Amber Pumpkin Limited ("we" or “us”). We are registered in England and Wales under company number 7310996. Our registered office address is Turner House, Mill Lane, Alton, GU34 2QG  and our email address is shop@amberpumpkin.com.

2. SERVICE AVAILABILITY

Our site is only intended for use by people resident in countries other than the USA and Canada. We do not accept orders from individuals resident in the USA and Canada due to insurance restrictions.

3. YOUR STATUS

By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old
(c) You are not resident in the USA or Canada.
(d) You are aware and accept that any amber products are NOT to be used on those under 36 months as they can present a choking hazard.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

5. CONSUMER RIGHTS

5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Product. In this case, you will receive a full refund of the price paid for the Product in accordance with our refunds policy (set out in clause 10 below).
5.2 To cancel a Contract, you must inform us in writing within 48 hours of your receipt of a Product. You must also return the Product to us so that it arrives with us within 14 days of your receipt of the Product, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Product(s) while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

6. AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 28 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.

7. RISK AND TITLE

7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

8. PRICE AND PAYMENT

8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Guide.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 Payment for all Products must be by credit card or Paypal. We accept payment with Visa, Visa Debit, Mastercard, Visa Electron and Solo.
8.7 If we are delivering Product(s) to you outside of the United Kingdom, import duty and other duties and taxes may apply to your import of the Product(s). We shall not be liable under any circumstances for the payment of such duties or taxes.

9. GIFT VOUCHERS

9.1 Vouchers may only be redeemed against Products that are available at the time of you making your order.
9.2 Vouchers are valid for a period of 12 months from the date of issue at which time they will expire. Following the expiry of a Voucher, the Voucher will be void and it may no longer be redeemed.
9.3 Vouchers may be redeemed against Products of a higher price than the face value of the Voucher. In such case, the redeemer shall pay us the balance by credit card or Paypal.
9.4 Where the value of the Product for which the Voucher is redeemed is less than the aggregate value of the Voucher(s) presented, no refund will be provided.
9.5 Vouchers cannot be exchanged for cash and are non transferable and non refundable.
9.6 We accept no responsibility for lost, stolen, or damaged Vouchers and such Vouchers shall not be refunded.
9.7 Voucher quantities should be checked immediately upon receipt. Any discrepancies must be notified to us immediately. We will not be held responsible for shortage or loss of any Vouchers not notified to us within three days of delivery.

10. OUR REFUNDS POLICY

10.1 When you return a Product to us:

(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us.
(b) for any other reason (for instance, because have notified us in accordance with paragraph 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
10.2 If you wish to return a Product to us, you must first contact us via email returns@amberpumpkin.com and send the Product to the address given. You are responsible for the cost of returning the Product to us and must ensure the correct postage is paid.

10.3 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

11. OUR LIABILITY

11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Save as aforesaid, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us except as specifically stated in these terms and conditions. Any condition, warranty, representation or other term concerning the supply of the Products which might otherwise be implied into or incorporated in these terms and conditions or any Contract, whether by statute, common law or otherwise, is hereby excluded to the fullest extent permitted by law.
11.2 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
11.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us and even if such losses result from a deliberate breach of these terms and conditions by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data
(f) loss of data, or
(g) waste of management or office time
however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
11.5 We do not guarantee that your computer monitor’s display of any colour of any Product on our site will accurately reflect the colour of the actual Product and we shall have no liability for a Product not being the same colour as shown on the site.
11.6 All sizes, weights and measurements quoted on our site are approximate and we shall not be liable for any non-material difference in such size, weight or measurement.
11.7 The Products have been designed to comply with the health and safety laws of the UK but we do not warrant or represent that the Products comply with any health safety or other legal requirement outside of the UK.
11.8 All Products should be used under adult supervision and the Products should not be used on sleeping children. We shall not be liable for any injury or death caused by the carer of the child’s negligence.
11.9 There have been instances (albeit very rare) where Products have caused rashes or exacerbated eczema. In such instance, you should discontinue use of the Product immediately and seek medical help. You acknowledge this risk in using the Product and agree that we shall not be liable in any way for any such reaction.
11.10 We shall not be liable in any way for any degradation or damage to a Product if you have not fully complied with the care and maintenance instructions accompanying the Product.
11.11 We are not medically or scientifically trained and have not therefore carried out any medical, scientific or other investigation into the efficacy of our Products and we do not guarantee any particular result from a baby using a Product.

11.12 We shall not be liable under any circumstances for any death or personal injury caused by use of the Products except where caused by our negligence.

11.13 You accept that amber products are NOT to be used by under 36 months as per the warnings on our site. 

12. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

13. NOTICES

All notices given by you to us must be given to Amber Pumpkin Limited at 23 Hazel Road, Four Marks, Alton, Hampshire GU34 5EY. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

14. TRANSFER OF RIGHTS AND OBLIGATIONS

14.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

15. EVENTS OUTSIDE OUR CONTROL

15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

15.2 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

16. WAIVER

16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.

16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

17. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

18. ENTIRE AGREEMENT

18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.

19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS

19.1 We have the right to revise and amend these terms and conditions from time to time.

19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

20. LAW AND JURISDICTION

Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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