Trade Terms and Conditions

Definitions

The Company: shall mean Zippy Baby Limited.

The Buyer: shall mean the person or company buying the goods.

The Goods: shall mean the goods or products to be supplied to the buyer from the company under the contract between them.

English Law

Every contract to which these conditions apply shall be construed in accordance with and governed in all respects by the laws of England and the Company and the buyer submit irrevocably to the jurisdiction of the English Courts.

New Account Terms

New accounts must have retail premises and/or a retail website. All new accounts must agree that they will never sell Zippy Baby Limited products on any Amazon site. All orders must have a total value of £150 or more, excluding carriage.

Contract

The contract is entered into when we accept your order by order e-mail confirmation and is subject to the company’s terms and conditions and any queries the company has with the buyer which will be notified within 24hrs of order placement.

Assignment

The contract shall not be assigned by the buyer without prior written consent of the company

Delivery Date

Notwithstanding any specific date mentioned for delivery of the goods, time shall not be deemed to be of the essence of the contract in relation thereto.

Availability of Goods

Any quotation given by the Company shall not constitute an offer for sale or a representation that those goods are available for sale. Any goods not sent on 1st delivery will either remain on back order with money held on account or cancelled with a refund, depending on how long the balance of goods is expected in to us.

Price and Payment

All price quotations are calculated from costs applicable at the date of any such quotations. If there is any increase in such costs or typographical pricing error between the date of quotation and dispatch of an order the company will not send the order until the buyer has confirmed acceptance of the new or correct price or has cancelled the order.

The company reserves the right to change its prices without prior notification.

Products are VAT exempt.

Our terms of sale require proforma payment and can be made at check out by card, PayPal or by bank transfer or card payment over the phone, unless otherwise agreed in writing.

The buyer shall not be entitled to withhold payment of any amount payable under the contract to the Company because of any disputed claims of the buyer in respect of faulty goods or any other alleged breach of the contract, nor shall the buyer be entitled to set-off against any amount payable under the contract to the Company any monies which are not then presently payable by the Company or for which the Company disputes liability.

The company will exercise its statutory right to claim interest at 2% per month and compensation for debt recovery costs under the late payment legislation if payment is not made according to agreed terms measured from the due date of payment. This does not affect any other rights or remedies the company may have.

Special offers and sales are only applicable while stocks last. If we oversell special offer, sale or discount code stock we will offer you the product at full price or offer an immediate refund.

Refunds will be made via original method of payment. When original payment has been made through bank transfer, a refund will be made via card details.

Shortages and Returns

Any shortages in delivery must be notified in writing within three days of receipt of goods with full details. Notification of non-delivery must be made within three days of dispatch (date of dispatch quoted on invoice/dispatch email) or incorrect items received. Customers are required to check stock on arrival for any faults or defects and notification of any faults or defects need to be confirmed in writing within three days of receipt of goods. Any damage to goods in transit must be advised in writing within 24 hours of goods arriving to ensure we can notify the transportation company within their time frame. No return of the company’s goods will be accepted unless they have a genuine fault.

Cancellations and Returns

Customers who wish to cancel their order must contact the Company in writing. Any orders cancelled will be charged at 15% of the total value of the order. No cancellations will be accepted unless authorised by the company in writing. Customers who return deliveries without prior consent from the company will be charged a 15% re-stocking fee. We do not accept returns unless goods have a fault. No returns will be accepted without authorisation from Zippy Baby Ltd.

Risk and Property

The risk of damage or loss of the goods shall pass to the buyer at the time of delivery, or if the buyer wrongfully fails to take the delivery of the goods or fails to provide adequate means of access for the delivery of the goods at the time when the company has tendered delivery of the goods or attempted to deliver the same.

Notwithstanding delivery and the passing of risk in the goods, or any other provision in these conditions, the property in the goods shall not pass to the buyer until the Company has received in cash or cleared funds payment in full of the price of the goods and all other sums due from the buyer to the company.

Until such time as the property in the goods passes the buyer, the buyer shall keep the goods separate from those of the buyer and third parties and properly stored, protected and insured and identified as the Company’s property.

Until such time as the property in the goods passes to the buyer the Company shall be entitled at any time to require the buyer to deliver up the goods to the Company and, if the buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the goods are stored and repossess the goods.

The buyer shall not be entitled to pledge or any way charge by way of security, for any indebtedness of any of the goods which remain the property of the Company, but if the buyer does so all monies owing by the buyer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.

Force Majeure

The company shall not be held liable to the buyer for any loss resulting from failure to deliver the goods, or for any delay in delivering the goods, where such failure is wholly or mainly due to any cause outside the Company’s reasonable control, including but not limited to shortages of material, strikes and lockouts, riots and civil commotion, severe weather conditions or acts of God.

Termination/Cancellation of Order in Part of in Full

The Company shall be entitled, without prejudice to any claim or right the Company might otherwise have, to cancel the contract in whole or in part or to suspend deliveries there under if the buyer is in breach of any of the contract or becomes insolvent, or being a body corporate has a receiver or administrator appointed, or passes a resolution for winding up, or a court makes an order that effect, or being individual or partnership makes any composition or arrangement with his or their creditors, or has a receiving order made against him or them. We reserve the right to refuse all or part of any order at the company’s discretion, subject to availability of products and price ruling at time of dispatch. If products listed on the site are over sold at the time of ordering due to high volume of sales we will dispatch goods on a first order basis and refund customers accordingly if their order could not be fulfilled at time of dispatch or advise if/when replacement stock will take longer than approximately 7 working days to arrive. If goods have been discontinued we will inform the customer accordingly and issue a refund. We recommend customers only advertise for sale products they have in stock themselves so they do not disappoint their customer if at time of ordering we have oversold. We also advise customers to ensure they regularly update their stock data base to be in line with products we are advertising for sale so they are not selling products which are no longer available.

Defects and Warranties

If the Company is not notified in writing of any defect within 3 days of delivery, the buyer shall be deemed to have examined and accepted the goods in good condition and free from any defects and supplied in accordance with all the specifications of the order.

The Company’s liability for consequential loss shall not exceed the invoice value of the defective goods.

Subject as expressly provided in these conditions, and except where the goods are sold to a person dealing as a consumer, (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest permitted by law.

In the rare event of you encountering a fault with any item purchased from us, please email a description of the fault along with images (when applicable) to customercare@zippybibs.com. Please always ensure you contact us prior to returning the item so we can advise what the policy is relating to that particular item.

When an item has been authorised by us for collection by a courier it must be packaged in a sealed box ready for collection and labels will be provided by the courier.

Carriage

We do not charge carriage on orders over £250 delivered to a mainland UK address. Please refer to our Carriage Costs for charges and when they apply, i.e. outside the UK. Carriage costs can vary depending on items ordered, number of boxes despatched, amount ordered and delivery destination.

Delivery, Refusal of Delivery and Non Delivery

Goods should arrive within 48hrs of the company’s e-mail notification of goods leaving the company’s warehouse (please note: we do not deliver on the Weekend). If the buyer refuses to accept delivery or is not at the delivery address to accept delivery of the goods, the return carriage and/or storage of the goods will be at the expense and risk of the buyer without prejudice to any other rights of the Company under these conditions or otherwise. The customer will be required to pay for any re-delivery charges or if agreed with the company a 15% re-stocking fee.

Selling on the Internet

The latest brand logos, product images and descriptions must be used to represent the products and display the brands SRP. As a minimum the website must show if a product is not physically in stock and where applicable indicate stock availability dates. You are not permitted to sell our products on any Amazon site.

Product Representation

We have made every effort to display the products as accurately as possible; however, customers should be aware that the pictures are a representation of the product and there may be small differences to the actual product, for example as the colours you will see will depend upon your monitor we cannot guarantee the colour will be accurate. We also aim to describe the product as accurately as possible, and should a product be misrepresented or the products should change we will endeavour to change the description as soon as possible.

Who We Can/Cannot Supply

Zippy Baby Ltd only supplies retailers who have retail premises and/or a retail website. All retail accounts must agree that they will never sell Zippy Baby Limited products on any Amazon site.
We reserve the right to refuse sale to customers who cannot provide proof of a physical shop or a link to their own website.

We do not supply market traders, party planners, car boot sellers, discounters or similar.

We also reserve the right to cease supply to any retailer or e-tailer who trades in a way which we feel may affect the reputation or distribution rights of the brands we stock. This would include excessive price cutting, selling below the minimum online price set by us or incorrect product representation of the product.

We reserve the right to cease or suspend trading with anyone who is in breach of our terms and conditions.

Unless agreed otherwise with the Company, the following brands are for sale to UK customers only: Cloudbabies and In The Night Garden. The re-sale of these products by our customers to consumers or businesses overseas is not permitted.

Terms and conditions are subject to change without prior notification. We advise all customers to regularly read our terms and conditions to keep up to date. By placing an order with us you have also confirmed that you have re-read our terms and conditions and carriage costs to ensure you are up to date and informed.