Terms & Conditions

Acceptance of Terms

1. Your access to and use of www.pawpatrol-vitamins.com ("the Website") and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.

2. We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.

The Services

The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities ("the Services") designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.

Child Supervision

We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.

Privacy & Cookies

We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.

1. We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United Kingdom. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services.

2. We use a technology called "cookies". A cookie is an element of data that the Website sends to your browser that is then stored on your system. We use cookies for the following purposes:

   To store the contents of a visitor's shopping basket, to identify what site referred the visitor to the Website and to record analytics data

   Further details of cookies are included in our Cookie Policy.

   If you wish to opt-out of our placing cookies on your computer, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.

User Account, password and security

If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will www.pawpatrol-vitamins.com be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.

Acceptable use

1. You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials ("the Content"), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. www.pawpatrol-vitamins.com will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.

2. In using the Website/Services you agree not to:

   1. use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;

   2. post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;

   3. post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;

   4. threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;

   5. use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;

   6. make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;

   7. collect or store personal information about others, including email addresses;

   8. impersonate any person or entity for the purpose of misleading others;

   9. advertise or offer to buy or sell goods or services for any commercial purpose, unless such communication facility specifically allows such messages;

   10. violate any applicable laws or regulations;

   11. use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party’s use and enjoyment of the Website/Services;

   12. post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);

   13. attempt to gain unauthorised access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.

3. We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.

Termination

We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.

Links to third party website

The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that www.pawpatrol-vitamins.com is not responsible for the content or availability of any such sites.

International use

You agree to comply with all applicable laws regarding the transmission of technical data exported from the United Kingdom or the country in which you reside (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.

Intellectual property right

1. The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. In accessing the Website you agree that you will access the contents solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

2. www.pawpatrol-vitamins.com does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.

Indemnity

You agree to indemnify and hold www.pawpatrol-vitamins.com harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against www.pawpatrol-vitamins.com by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by www.pawpatrol-vitamins.com in consequence of your breach of these Terms and Conditions.

Disclaimers and limitation of liability

1. Use of the Website/Services is at your own risk. The Website/Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

2. To the extent permitted by law, www.pawpatrol-vitamins.com will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.

3. www.pawpatrol-vitamins.com makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.

4. Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of www.pawpatrol-vitamins.com for death or personal injury as a result of the negligence of www.pawpatrol-vitamins.com.

5. Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.

Severance

If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.

Definitions and Interpretation

In these conditions, unless the context requires otherwise:

1. 'Buyer' means the person who buys or agrees to buy the goods from the Seller;

2. 'Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;

3. 'Consumer' has the same meaning as within the Unfair Contract Terms Act 1977 Section 12 as amended and/or the Unfair Terms in Consumer Contracts Regulations 1999 Regulation 3(1);

4. 'Delivery Date' means the date specified by the Seller when the goods are to be delivered;

5. 'Goods' means the articles which the Buyer agrees to buy from the Seller;

6. 'Price' means the price for the Goods excluding carriage, packing, and insurance;

7. 'Seller' means Media 52 Ltd trading as Returns’ Department, The Mill House, Court Farm, Church Lane, Norton, Worcester. WR5 2PS, United Kingdom.

8. All headings are for ease of reference only and shall not affect the construction of this contract.

9. Any provision of this contract which is or may be void or unenforceable shall to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of this contract.

10. No waiver or forbearance by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its right to do so in the future.

Conditions applicable

1. These Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document.

2. All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.

3. Placing an order with the Seller shall be deemed conclusive evidence of the Buyer's acceptance of these Conditions.

4. Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.

5. The Buyer's order for Goods will only be accepted by the Seller where such order has been placed using the Seller's Order Form.

Price and payment

1. The Price shall be the price stipulated in the Seller's published price list current at the date of the Buyer's order.

2. When the Buyer is dealing as a Consumer the payment of the Price and VAT shall be due on the day that the Buyer places their order.

The Goods

1. The quantity and description (including specification) of the Goods shall be the same as set out in the Seller's promotional literature.

2. The Seller may from time to time make changes in the specification of the Goods which are required to comply with any applicable safety or statutory requirements or which do not materially affect the quality or fitness for purpose of the Goods.

Warranties, liability & refunds

1. The Seller warrants that the Goods supplied will at the time of delivery correspond to the description given by the Seller.

2. All products come with a Best Before date.

3. All faulty products within the parameters of the Best Before date MUST be sent back to PAW Patrol Kids’ Vitamins for Inspection. Following the inspection, the item will be replaced by the seller according to the inspection report.

4. Any faulty products received or become faulty within 14 days from invoice date, the seller PAW Patrol Kids’ Vitamins will collect and exchange the item Free of Charge.

5. For all products found to be faulty within 30 days of purchase date, the customer has the right to cancel and request full refund of the cost of the item only. This can take up to 28 days to process depending on bank and payment type.

Delivery of the Goods

1. The Goods shall be marked in accordance with the Buyer's instructions and shall be properly packed and secured for delivery to the Buyer in an undamaged condition.

2. On the date of the Buyer's order, the Buyer shall confirm to the Seller the address to which the Goods are to be delivered.

3. Subject to clause 19.2, the Seller shall arrange for carriage of the Goods to the Buyer's address. The costs of carriage and any insurance which the Buyer reasonably directs the Seller to incur shall be reimbursed by the Buyer without any withholding and shall be due on the date for payment of the Price.

4. The carrier shall be deemed to be the Buyer's agent and the Seller shall not be liable for any loss or damage caused to the Goods in transit and/or any failure by the agent to deliver the Goods (or any of them) promptly or at all.

5. The Seller shall use its best endeavours to procure delivery of the Goods to the address nominated by the Buyer (pursuant to clause 19.2) on the Delivery Date.

6. Where the Seller gives a time for delivery, this shall not be the essence of this contract.

7. The Goods may be delivered in advance of the Delivery Date upon the giving of reasonable notice to the Buyer. The Buyer shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.

8. The Buyer shall notify the Seller of any non-delivery within three days of the Delivery Date. Notwithstanding the receipt by the Seller of any such notice a clear signature on a carrier's delivery advice sheet shall be deemed to signify the Buyer's receipt of the Goods (as indicated thereon)

Acceptance of Goods

1. The Buyer shall inspect the Goods on delivery and shall within 24 hours of delivery notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with description or sample. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following delivery and before any use is made of them. If the Buyer shall fail to comply with these provisions the Goods shall be conclusively presumed to be in accordance with the contract and free from any defect or damage which would be apparent on a reasonable examination of the Goods and the Buyer shall be deemed to have accepted the Goods.

2. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

3. No Goods delivered to the Buyer which are in accordance with the contract will be accepted for return without the prior written approval of the Seller on terms to be determined at the absolute discretion of the Seller.

4. If the Seller agrees to accept any such Goods for return the Buyer shall be liable to pay a handling charge of 10% of the invoice price. Such Goods must be returned by the Buyer carriage-paid to the Seller in their original shipping carton.

5. Goods returned without the prior written approval of the Seller may at the Seller's absolute discretion be returned to the Buyer or stored at the Buyer's cost without prejudice to any rights or remedies the Seller may have.

Title and risk

Risk shall pass from the Seller to the Buyer on delivery of the Goods.

1. After acceptance the Buyer shall not be entitled to reject Goods which are not in accordance with the contract.

2. Notwithstanding delivery having been made, property in the Goods shall not pass from the Seller until:

   1. the Buyer shall have paid the Price plus VAT in full; and

   2. no other sums whatever shall be due from the Buyer to the Seller.

3. Until property in the Goods passes to the Buyer in accordance with clause 21.2 the Buyer shall hold the Goods on a fiduciary basis as bailee for the Seller. The Buyer shall store the Goods (at no cost to the Seller) separately from all other goods in its possession and marked in such a way that they are clearly identified as the Seller's property.

4. Not withstanding that the Goods remain the property of the Seller the Buyer may sell or use the Goods in the ordinary course of the Buyer's business at full market value for the account of the Seller. Any such sale or dealing shall be a sale or use of the Seller's property by the Buyer on the Buyer's own behalf and the Buyer shall deal as principal when making such sales or dealings. Until property in the Goods passes from the Seller the entire proceeds of sale or otherwise of the Goods shall be held in trust for the Seller and shall not be mixed with other money or paid into any overdrawn bank account and shall be at all material times identified as the Seller's money.

5. The Seller shall be entitled to recover the Price (plus VAT) notwithstanding that property in any of the Goods has not passed from the Seller.

6. Until such time as property in the Goods passes from the Seller the Buyer shall upon request deliver up to the Seller such of the Goods as have not ceased to be in existence or resold. If the Buyer fails to do so the Seller may enter upon any premises owned occupied or controlled by the Buyer where the Goods are situated and repossess the Goods. On the making of such request the rights of the Buyer under clause 21.4 shall cease.

7. The Buyer shall not pledge or in any way charge by way of security for any indebtedness any of the Goods which are the property of the Seller. Without prejudice to the other rights of the Seller, if the Buyer does so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

8. The Buyer shall insure and keep insured the Goods to the full Price against 'all risks' to the reasonable satisfaction of the Seller until the date that property in the Goods passes from the Seller, and shall whenever requested by the Seller produce a copy of the policy of insurance. Without prejudice to the other rights of the Seller, if the Buyer fails to do so all sums whatever owing by the Buyer to the Seller shall forthwith become due and payable.

Intellectual Property

The specifications and designs of the Goods (including the copyright, design right or other intellectual property in them) shall as between the parties be the property of the Seller.

Miscellaneous

1. Notices.

   1. Any notice under or in connection with this contract of sale shall be in writing and shall be served by first class post or by hand on the party or sent by recorded delivery or e-mail at or to the address of the party set out in the contract or at or to such other address as may be subsequently notified by one party to the other

2. In the absence of evidence of earlier receipt any notice shall be deemed to be duly served:

   1. if delivered personally when left at the address stipulated within the contract;

   2. if sent by recorded delivery three days after posting; and

   3. if sent by e-mail, when received.

Force Majeure

1. Save for the Buyer's obligation of payment of the Price pursuant to clause 16, neither party shall be liable for any default due to any act of God, war, civil disturbance, malicious damage, strike, lockout, industrial action, fire, flood, drought, extreme weather conditions, compliance with any law or governmental order, rule, regulation, direction or other circumstance beyond the reasonable control of either party ('Force Majeure Event').

2. Each party shall give notice forthwith to the other upon becoming aware of a Force Majeure Event, the notice to specify details of the circumstances giving rise to the Force Majeure Event.

Seller's Right of Cancellation

The Seller may cancel the contract at any time before the Goods are delivered by giving written notice. On giving such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the Price. The Seller shall not be liable for any loss or damage whatever arising from such cancellation.

Consumer Buyer's Right of Cancellation

1. Where the Buyer is dealing as a Consumer it may, within the period of 7 days from the day after the day on which it received the Goods, give to the Seller a notice of cancellation which shall operate to cancel the contract.

2. Any notice of cancellation must be in writing and must clearly indicate the intention of the Buyer to cancel the contract.

3. A notice of cancellation is to be treated as having been properly given if the Buyer:

   1. leaves it at the Seller's address (in which case it is to be taken to have been given on the day on which it was left);

   2. sends it by post to the Seller's address (in which case, it is to be taken to have been given on the day on which it was posted);

   3. sends it by facsimile to the Seller's business facsimile number (in which case it is to be taken to have been given on the day on which it is sent); or

   4. sends it by electronic mail to the Seller's business electronic mail address (in which case it is to be taken to have been given on the day on which it is sent).

4. The Buyer will not have the right to cancel the contract by giving notice of cancellation for:

   1. the supply of goods made to the Buyer's specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.

   2. On the cancellation of a contract, the Seller shall reimburse any sum paid by or on behalf of the consumer under or in relation to the contract to the person by whom it was made free of any charge, less any charges incurred by the Seller either in retrieving the Goods from the Buyer and/or procuring the return of the goods from the Buyer.

5. The Buyer shall be at liberty to return the Goods to the Seller (at an address to be agreed with the Seller in advance of such return). Should the Buyer elect to return the Goods, the Buyer shall do so at his own expense and risk and must satisfy the Seller (if called upon to do so) of the presence of adequate insurance.

6. Where a contract is cancelled after the Buyer has acquired possession of any Goods under the contract the Buyer shall be treated as having been under a duty throughout the period prior to cancellation to retain possession of the goods and to take reasonable care of them.

7. For the avoidance of doubt, this clause 26 shall only be relevant to circumstances in which the Buyer is dealing as a Consumer.

Complaints

In the event that the Buyer has any complaints about the Goods, he should send them in writing to the Seller's address (as referred to herein).

Proper law of contract

This contract is subject to the law of England, Wales, Scotland & Northern Ireland Only.