Terms & Conditions

Definitions:

  1. a) Modern Cloth Nappies LTD hereinafter referred to as “The Seller”
  2. b) “The Buyer" means any person or company who buys or has agreed to buy Goods from the Seller.
  3. c) The "Goods” means goods provided by the Seller in accordance with the Seller's Terms and Conditions of sale.

The purchase of products through this web site is governed by these Terms and Conditions. By accessing the site you agree to be bound by these Terms and Conditions.

  1. The information contained within this web site and online store are, to the best of our knowledge, correct at the time of publishing. Whilst every effort is made to ensure the prices and details are accurate Modern Cloth Nappies LTD reserves the right to change, modify, substitute or remove without notice any information on this site.
  2. All goods must be paid for with the order, unless prior arrangements have been made. We reserve the right to refuse delivery if payment is not made. All goods remain the property of Modern Cloth Nappies LTD until payment is made in full. All rights including without limitation copyright, design and trademark rights on the website are owned by Modern Cloth Nappies LTD.
  3. The products supplied from this web site are supplied Modern Cloth Nappies LTD, (www.modernclothnappies.co.uk). Modern Cloth Nappies LTD is a limited company and registered in England (Reg. Number 11990975).
  4. All prices, where relevant, are inclusive of VAT.
  5. All orders are subject to acceptance by Modern Cloth Nappies LTD. In the unlikely event that products are unavailable, or any other details of the transaction are subject to change, The Seller reserves the right to decline an order. In this case we will advise you as soon as possible and ask for your instructions. We will not debit your credit card or charge card, or process any other method of payment until an order has been accepted.
  6. Neither you nor Modern Cloth Nappies LTD will be liable for any delay or failure to perform our respective obligations under this contract due to any cause beyond our reasonable control including without limitation any act of God, strike, lock out, trade dispute, traffic accident or any act or omission of any government or regulatory authority.
  7. This does not affect your statutory rights as a consumer.
  8. Orders are not accepted from persons under the age of 16 years old. By placing an order you demonstrate that you are over such an age. Where you place an order and are under that age you are in breach of contract. The holder of the credit or debit card that you use will be fully liable for all monies charged.
  9. These terms and conditions and all disclaimers and other material on our website shall be governed by and construed in accordance with English law and any disputes shall be referred to the exclusive jurisdiction of the English courts.
  10. Delivery
    All dispatch dates are estimated and are not guaranteed and do not form a term of this contract. Whilst every effort will be made to comply with these dates; once dispatched, the Seller shall have no liability whatsoever for delay in delivery or for any loss occasioned thereby. Late delivery does not entitle The Buyer to cancel the order. Any shortages in delivery must be notified in writing to The Seller within three days.

Damage or loss in transit
Goods are shipped via Royal Mail. Once the Goods have been received and signed for, any insurance cover is no longer effective; responsibility is then passed to the signatory. Any damage to received goods should be notified in writing within three days of receipt. Delivery and claim periods are governed by carrier’s own terms & conditions; Royal Mail deliveries may take up to 14 days and are not claimable (Unless you choose to pay for an insured service).

Defective goods
i) The liability of The Seller is strictly limited to the replacement, repair or credit to the invoiced value of the defective items at the discretion of The Seller. The Seller's maximum liability under or arising from this agreement shall be limited to a sum equivalent to the invoice price of the goods. The Seller shall not be liable for any claim, whether arising in contract, tort or otherwise for the consequential, economic, special or other indirect loss. The Buyer accepts that the limitations and exclusions set out herein are reasonable having regard to all the circumstances including, without limitation, the price of the Goods.

  1. ii) Except otherwise provided in this agreement, all warranties, representations, terms and conditions, whether expressed or implied, written or oral, are hereby explicitly excluded to the fullest extent permitted by law.
  2. Warranty
    Unless otherwise stated, no additional warranties shall apply apart from statutory right of 30 days from the date of purchase against faulty materials or workmanship. During this period The Seller will at The Seller's discretion either refund the price of such Goods or replace or repair such Goods provided that:
  3. i) The Buyer shall have notified The Seller in writing of the fault or defect in the Goods, and shall have returned the faulty or defective Goods to The Seller for inspection in accordance with the returns procedure in section (12) herein at their own cost.
  4. ii) the product has not been used, misused or handled carelessly; the product is certified by the company as being defective.

iii) The product was purchased by The Buyer. Goods supplied with a manufacturer’s warranty are subject to the manufacturer’s warranty terms and conditions.

Goods supplied to The Buyer by The Seller must not to be used in any medical or life critical applications by The Buyer or any other third party, without confirmation in writing by the Seller. All other warranties, conditions and statements expressed or implied, statutory or otherwise are excluded. Subject to the aforesaid The Seller shall be under no liability in contract or in tort for any loss, damage, death or injury arising directly or indirectly out of the supply, use or misuse of the Goods, to The Buyer or any other third party.

Prices
Unless otherwise stated any prices quoted by The Seller are:

  1. i) exclusive of value added tax and any other taxes and duties,
  2. ii) exclusive of carriage, and insurance. The Seller shall charge extra in respect of these items.

Prices to The Buyer are subject to change without notice after the date of The Seller’s acceptance of The Buyer's order where The Seller has incurred increased costs due to currency exchange rate change, import duty change, increased freight charges, increased prices from supplier or surcharges. Where agreed call-offs are not adhered to by The Buyer, The Seller reserves the right to amend the price structure in accordance with the quantities delivered. The Seller retains the right to invoice at the price ruling at the time of dispatch. The Seller reserves the right to amend prices to correct errors or omissions.

Payment
Payment is to be made at the time of purchase by credit/debit card or via paypal using Shopify’s secure payment gateway.

Ownership
At The Seller's discretion, ownership of the Goods may not pass from The Seller to The Buyer until The Buyer made a payment in full thereof, (and any other monies owing to The Seller). If payment is not made in accordance with these Terms and Conditions of Sale, The Seller shall have the right (without prejudice to the obligation of The Buyer to purchase the Goods, and to any other remedy that may be available to The Seller) to retake possession of goods not fully paid for, and to take legal action to recover the Goods and engage the services of law enforcement to enter any premises occupied by The Buyer, where the Goods are situated.

Cancellations and Re-schedules
The Buyer has fourteen days to change their mind without penalty.

  1. Returns Procedure
    If any Goods are or become defective in accordance with section 11 herein, the Buyer must obtain an RMA (Return Merchandise Authority) number from The Seller. The RMA number will be valid for a period of seven days from the date of issue by The Seller. The Seller reserves the right to refuse delivery of Goods after this period. The Buyer may have to bear any losses due to price erosion or obsolescence, if Goods are returned after the seven days. Any Goods returned must have the RMA number marked clearly on the package and must be returned in original packaging or equivalent. The Seller reserves the right to refuse delivery of any Goods returned without an RMA number. All returns are at the buyers cost.

For more information on our returns policy please see our returns page.

Errors and Descriptions
Every effort will be made by The Seller to ensure accuracy of any technical data or literature made available in relation to the Goods. The Seller accepts no liability for any damage or injury arising from any errors or omissions in such technical data to the Buyer or any third party. No contract can be invalidated due to printing or clerical errors. Any descriptions of Goods are for guidance only and shall not constitute the contract 'sale by description'.

Termination of liability
The Seller shall be relieved of all liability for obligations incurred to the Buyer and any other third party. Whenever, and to which the fulfilment of such obligation is prevented, frustrated or impeded in consequence of any statue, rules, regulations, orders or requisitions issued by any national or foreign government department, council or other duly constituted authority or by reason of any strikes, breakdown of plant, accident, civil commotion, war, force major or any other cause beyond the control of The Seller. Including, but not limited to, causes arising from acts or omissions of the Buyer.

Alteration of Terms and Conditions These Terms and Conditions of Sale supersede any previous Terms and Conditions of Sale of The Seller. Any variation of these Terms and Conditions must be confirmed in writing by The Seller and will not otherwise be valid. Any waiver by The Seller of these Terms and Conditions of Sale on any occasion shall merely act as a waiver on that occasion, and shall not affect The Seller's right to enforce any of these Terms and Conditions on any further occasion. No terms and conditions stipulated by the Buyer shall have effect, unless agreed in writing from The Seller.

Law
This contract shall be governed by English Law in the Courts of England.

Services will determine whether or not to accept and fulfill the order, and Modern Cloth Nappies LTD may refuse or limit your order for any reason. By placing an order, you agree to accept all Terms and Conditions shown anywhere on this site, including Modern Cloth Nappies LTD standard Terms and Conditions of Sale.

Modern Cloth Nappies LTD reserves the right to accept, refuse, or limit your order for any reason, including, but not limited to, credit review, the unavailability of a product or errors in the prices and product descriptions shown on this web site (www.modernclothnappies.co.uk). By placing your order, you agree that Modern Cloth Nappies LTD total liability, under any legal theory or claim, shall be limited to the purchase price actually paid to Modern Cloth Nappies for the product giving rise to Modern Cloth Nappies liability.

Cancellation Right
If you are a UK customer, you have a statutory right to cancel your order without giving a reason within 14 days. If you order has been shipped then you will need to return it to us at your own cost.

Email: Info@modernclothnappies.co.uk

Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offences for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Policies

Order Acceptance Policy
After you place an order, Modern Cloth Nappies LTD requires the information stating your full name and address and other information sufficient for us to identify you and your order. You have until the expiry of FOURTEEN WORKING DAYS (i.e. excluding Saturday, Sunday, bank holidays and public holidays), starting with the day after the products are delivered, to exercise this right.

If you exercise your right to cancel the order, any money you have paid for your order will be refunded upon receipt of the goods, apart from your expense of returning the products as mentioned below.

If you wish to exercise your right to cancel, you must also:

  • take reasonable care of the products until you return them,
  • ship the product to us in its original packaging or suitable packaging with anti-static protection, at your expense and risk

Complaints Procedure
All complaints are dealt with equally and fairly. We will endeavour to respond to all complaints within 72 working hours. Where possible, we aim to resolve all complaints immediately and at the most within fourteen working days. Any customer details passed to us during this process are kept confidential, and we will keep you fully informed during the complaint process. To contact customer services please email info@modernclothnappies.co.uk