BEANIE & BEAR TERMS AND CONDITIONS OF USE

This website is owned and operated by

Beanie & Bear Ltd.
VAT Number: 184 9550 68.
Company Number: 08893781.

Please read these terms and conditions carefully before using the Beanie & Bear website.

These terms and conditions apply to any use of this website. By using this website and/or placing an order with us, you are agreeing to accept these terms and conditions.

We reserve the right to change these terms and conditions from time to time, and your continued use of the Website (or any part of it) following a change will be deemed to be your acceptance of that change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed.

If you do not agree with the terms and conditions you should not use, access or order from this website.

If you are unsure about any aspect of our terms and conditions, please contact us before placing an order.


THE CONTENTS OF THIS WEBSITE

We have done our best to make sure that any information provided is accurate but no-one can be perfect all the time. We do not accept liability for any errors or omissions.

Every effort is made to keep information regarding stock availability on the Website up to date. However, we do not guarantee that this is the case, or that stock will always be available.

We reserve the right to change any products, product prices, product specifications and availability at any time.

We may change, suspend, discontinue or restrict access to this website or any part of it without notice or liability.

Images should be used only as a guide or representation of the item. Drawings, descriptive matter and specifications of goods and services on the Website are for the sole purpose of giving an approximate description of the products.

The contents of this website are protected by copyright, trademarks, database and other intellectual property rights. All these intellectual property rights, including copyright, are owned by or licensed to Beanie and Bear.

Any use of this website or its contents other than for your own personal, non-commercial use is prohibited without the prior written consent of Beanie & Bear Ltd.

You may not copy, modify, distribute, publish, communicate to the public, make available to the public this website or any part of it without the express prior written permission of Beanie and Bear Ltd.

You many not incorporate any of the contents of this website or any part of them into in any other design, logo, website, electronic retrieval system, publication or other work in any form. Linking to or framing this website or any part of it is not permitted without express permission.

We reserve the right to refuse to post material on the Website or to remove material already posted on the Website.

We may provide links to other websites or resources to enrich your experience of using this website. You acknowledge that we are not responsible or liable for the availability, content or security of any third party websites or resources, and that we do not review or endorse and are not responsible or liable, directly or indirectly, those websites or resources.


REGISTERING WITH US

Registration will enable you to have your details retained in our database for future convenience [is this correct?]. [Non-Registered Users may still browse the Web Site and place orders].

You warrant that all details you provide to us at registration or at any other time are true, accurate, current and complete in all respects.

If there are any changes to the details you have supplied it is your responsibility to inform us as soon as possible.

During the registration process, you will need to choose a username and password. You are responsible for all actions taken under that username and password and must only use your own username and password.

You must make every effort to keep your password safe and should not disclose it to anyone. If you think someone else might know it, you must change it. You may not transfer or sell your username to anyone, nor permit, either directly or indirectly, anyone to use your username or password.

It is your responsibility to provide us with a valid email address so that we can contact you if necessary.


ORDERING FROM US

Orders can only be accepted from persons over the age of 18. By ordering from us you represent to us that you are over the age of 18.

When placing an order, you agree that any and all information given by you is accurate and complete.

All orders are subject to acceptance and availability. We are entitled to refuse to accept any order at our discretion.If a product ordered is not available we will notify you by email and you will have the option either to wait until the item is available or to cancel your order.

An automated acknowledgment of your order does not amount to an acceptance of an offer to purchase from us. The conclusion of a contract for sale between you and us takes place when we accept your order and we process and receive payment for the full price of the goods ordered.

Once payment has been received by us we will confirm that your order has been accepted by sending an email to you at the email address you provide in your order.

Please remember that the contract for sale is subject to all of these terms and conditions including, without limitation, the terms and conditions concerning payment, delivery, returns. Please ensure that you have read and understood all of the terms and conditions before you order.


PAYMENT, PRICES AND TAXES

Payment can be made securely online and we accept most major credit and debit cards as well as PayPal.

You warrant that any credit or debit card you use is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.

All credit and debit card payments are subject to validation checks and authorisation by the card issuer.

If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay, cancellation or non-delivery.

We take all reasonable steps to ensure that all prices listed are correct but we reserve the right to change the prices of any product at any time. If a product’s price is incorrect and is higher than the one stated we will inform you before processing your order and you shall have the right to cancel your order. If you do not confirm your acceptance of the higher price we shall cancel your order.

Prices are indicated in British Pounds Sterling (£).

All prices are shown inclusive of UK sales tax (VAT). The current VAT rate for children’s clothing is 0%.

Customers outside the E.U. will not be charged V.A.T on their purchases but may be liable to their own countries duties when the items enter the destination country.

All prices are exclusive of delivery costs. For details of applicable delivery costs please see the relevant section of the terms and conditions.

Credit and Debit card transactions are handled by Sagepay Europe Limited. Your credit card details will not be retained by us following the transaction.


DELIVERY

Goods will be delivered to you at the address provided by you on the order form. We can deliver to an address other than the billing address, but please note that we may require extra documentation.

All goods must be signed for on delivery so it is important to use a delivery address where you will be available  to sign, or somebody you trust can sign for it.

Our delivery partners are unable to deliver to PO Box addresses.

We insure each package during transit until it is delivered to you. 

We aim to dispatch all orders on the working day following the day on which payment is processed subject to payment authorisation address verification and availability of the relevant items.

We aim to deliver your order within the timeframes set out below or if no delivery date is specified within a reasonable time of your order being accepted and payment being processed.

Any dates quoted for delivery of goods are approximate and we shall not be liable for any delays in delivery. If we are unable to deliver your goods by the date quoted you will be entitled to cancel the order at any time before the goods are dispatched


UK DELIVERY

UK orders are shipped by Royal Mail Special Delivery.

Delivery typically takes 1-3 working days.

Delivery charges are £7.50 per package.


INTERNATIONAL DELIVERY

International orders  are shipped using Royal Mail's International Tracked and signed. 

Europe: £9.00.      Delivery typically takes 3-5 working days.

Rest of the World
: £11.00       Delivery typically takes  5-7 working days.

If your order weighs more than 2.5 kg (volumetric) or has to be delivered to a remote area and the cost of shipping exeeds our stated guide price it will be necessary for us to to apply additional courier or postal charges to your account. 

ALL INTERNATIONAL DELIVERIES OUTSIDE THE EUROPEAN UNION PLEASE NOTE

Duty or taxes may be charged by the authorities in the country of destination. These are your responsibility and are not included in the price.

We are not responsible for any delays caused by any customs or tax clearance process.

Should you wish to return any product that has been subject to local duty or taxes we are not able to refund any duties or taxes charged and you will be responsible for applying for a refund if applicable.

Due to restrictions that may be imposed on us by our bank and/or courier companies and/or the authorities in the United Kingdom we may not be able to ship to particular countries. If there are restrictions in place in relation to your country we will endeavour to notify you as soon as possible and your order will not be processed. We apologise in advance for any inconvenience this may cause.


RETURNS, CANCELLATIONS AND REFUNDS

Nothing in these terms or conditions affects your statutory rights.

You are entitled to cancel your order within 7 working days after your order has been placed. Please notify us as soon as possible of any cancellation.

If we receive your cancellation before your order has been dispatched there will be no further action for you to take.

If we receive your cancellation after your order has been dispatched you will have to wait till you have received your order and then follow the Returns procedure.


RETURNS

If you are not happy with your purchase for any reason, making a return is quick and easy.

Simply email us at returns@beanieandbear.com within 14 days of receipt of your order quoting your order number and stating which item/s you will be returning and the reason for the return and we will then email back a returns number and address.

Please complete your return form and include the returns number.

Returns must be sent to us within 7 days of receiving the returns number.

When we receive the product we will refund the price paid for it to the original credit or debit card used for the purchase.

We will only accept returns if the product is in new, unused, and unworn condition with all the original packaging and all garment tags still attached. We do not accept any returns if the items show any indication of being used. We strongly advise that you check all products thoroughly upon delivery before removing any of the attached tags, disposing of any original packaging or using them.

We strongly recommend that all returns are sent by a recorded delivery service. We do not accept liability for any loss or damage during transit.

Unless the item is faulty return shipping costs are your responsibility.

Returns outside the 14 day timeframe will only be accepted our discretion.

Card refunds may take up to 7-10 working days for your bank to complete.

We cannot refund any customs, duties or sales taxes levied locally.


FAULTY ITEMS

We take the quality of our products seriously and we check each item before it is dispatched.

In the unlikely event that you receive a faulty product please notify us immediately. Returns of faulty items will only be accepted if the goods were faulty when delivered to you.

Products returned as faulty will be inspected on receipt. Any product deemed to have been damaged by you will not be accepted as faulty.

Please follow the returns procedure above.


LIABILITY AND INDEMNITY

Nothing in these terms or conditions affect your statutory rights or exclude or limit our liability for death or personal injury resulting from our negligence.

This website is provided on an 'as is' and 'as available' basis. We make no warranties express or implied in relation to this website, its contents, its availability or any transaction that may be conducted on or through it.

We do not accept liability for any errors and/or omissions and reserve the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.

We have taken reasonable steps to provide accurate product images however due to a number of different factors including variations between Internet browsers and monitors we cannot accept liability for differences in colour between the image and the actual product.

You acknowledge that we cannot guarantee and cannot be responsible for the security or privacy of information exchanged over the internet. We take reasonable steps to prevent fraud and to ensure that data collected from you is stored securely and safely but we cannot be held liable in the unlikely event of a security breach affecting our secure computer servers.

We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage arising from any reliance on material or information contained on this website.

We will use our reasonable endeavours to carry out our obligations within a reasonable period of time but we will not be liable for any loss costs or expenses arising directly or indirectly from any delay or failure if the delay or failure was due to any cause beyond our reasonable control.

We will not be liable for any losses which were not foreseeable to us at the time when our contract with you is made or which relate to any business activity undertaken by you or which were not caused by any breach of contract by us.

Our products are sold for private domestic use only and we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the website or any of our products for commercial purposes.

We make no warranty that this website will meet your requirements, that it will be uninterrupted, timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products subject always to your statutory rights.

If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other terms and conditions will not be affected.


IF YOU BREACH THESE TERMS AND CONDITIONS

If you breach these terms and conditions or if someone uses your account (unless you can prove that the use was fraudulent) you agree fully to indemnify, defend and hold us harmless immediately on demand from and against all claims liabilities damages losses costs and expenses including reasonable legal fees arising out of that breach.


DATA PROTECTION AND PRIVACY

We take the protection of your data and your privacy seriously.

We will comply with all UK Data Protection legislation that applies to us.

When you register with us or order from us we will ask you to input and we will collect personal information from you including but not limited to your name, e-mail address, billing address, delivery address, telephone number, credit card details or other payment information and a password.

We will treat personal information supplied by you as confidential and will only use or disclose it for the purposes for which it is provided and/or in the circumstances set out below.

You should also be aware that your use of this website may be monitored and information about your visit may be captured to help us improve the quality of our website or products or to present you with advertisements for products when you visit other websites.

You authorise us to use and transmit your personal information or information we collect about your visit to this website for the following purposes:
  • To process your orders including but not limited to for the purposes of authenticating your identity, authorising payments and arranging delivery;
  • For statistical or survey purposes to improve this Website and its services to you;
  • To serve website content and advertisements to you;
  • To administer this website;
  • If you consent, to notify you of products or special offers that may be of interest to you.


You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights under the Privacy and Electronic Communications (EC Directive)

If we are requested by the police or any other regulatory or government authority investigating suspected illegal activity we may be shall be entitled to provide your personal Information or other information we collect about you.

We may use cookies to monitor your use of the website or to personalise your experience. If you do not accept cookies you may be unable to use this website or certain features of it or may be unable to place an order from it.


THIRD PARTY RIGHTS

Except for our affiliates, directors, employees or representatives, a person who is not a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.


GOVERNING LAW AND JURISDICTION

The Website is controlled and operated in the United Kingdom. These terms and conditions and any contract entered into with you is governed by the laws of England and Wales and you irrevocably agree to submit to the exclusive jurisdiction of the courts of England and Wales.

© 2014 Beanie & Bear Ltd. All Rights Reserved.
Incorporated in England.
Company Reg No: 08893781
VAT Reg No: 184 9550 68