Sales Terms (”Terms and Conditions of Sale”)
(Version 2006-4; posted and effective as of August 2006)
Applicable to the www.bestpricekids.info Online Shop at the URL www.bestpricekids.info and orders and sale transactions for kids, children and related products available at the Online Shop.
Both parties are communicating electronically when visiting the Online Shop, sending e-mail or posting electronically and you agree that all agreements, notices, disclosures and other communications that are provided electronically satisfy any legal requirement that such communications be in writing.
About these Sales Terms
These Sales Terms only apply to purchases made on this Online Shop. Any changes to the Sales Terms will apply to orders placed after the effective date. You should recheck the effective date before placing each order in order to be sure that you have reviewed the most recent version which applies to your purchase.
BY PLACING AN ORDER FOR PRODUCTS YOU AGREE TO BE BOUND BY AND ACCEPT THESE SALES TERMS.
Placing an Order
To be able to buy Products you have to:
* Register by providing a name and an address, phone number, payment
details and other required information;
* be at least 16 years of age;
* provide a delivery address.
You may place an order by clicking on the “PayHere buy now†button.
Kids are not to be bought for commercial resale.
Order Processing
You agree that your order is an offer to buy the Products listed in your order under these Sales Terms.
Prices, Shipping and Handling Charges and Taxes
The price charged for a kid will be the price in effect at the time the order is placed and will be set out in the Order Receipt and Order Confirmation.
Prices for the kids do not include charges for shipping and handling or applicable taxes (excluding VAT that is included in prices).
Separate charges for shipping, handling and applicable taxes will be shown when you place your order. The Order Receipt and Order Confirmation provide proof of applicable shipping, handling and tax charges.
Product Availability and Delivery
As our policy is one of on-going product development, we does not guarantee the availability of any kids advertised on the Online Shop. WE reserves the right, without liability or earlier notice, to change, discontinue or to stop making available certain kids.
We aim to deliver the kids to you on time; however, there may be reasons why we cannot ship in time to meet target dates.
You must examine the kid(s) within a reasonable period of time after they are delivered to you and check their condition. It is your responsibility to notify us that the kid(s) are damaged at the time they are delivered to you or reasonably soon after they are delivered to you.
Kids(s) Supplied by Mistake, Incomplete or Faulty Delivery
Please contact us via email or by telephone as soon as possible (and within 7 working days at the latest) if:
* we have supplied kids to you by mistake
* your delivery is not complete
* kids are damaged or have gone missing in transit
In these cases, we will arrange to have the kids collected from you and will make arrangements for redelivery or refund you as applicable.
How to return kids ?
We recommend that you return the kids in their original packaging. You must include all accessories, user manuals and any free gifts that came with the kids.
Where a Product has been purchased as a part of a bundle of kids, all kids within that bundle must be returned. Please note that it is your responsibility to make sure that the kids are kept safe and secure whilst they are in your possession. Please treat the kids with reasonable care and return them in a condition that they were delivered to you.
Please package the kids securely and make sure that both the RMA number and your order number are clearly visible on the outside of the parcel.
Product Warranties and Statutory Rights
All kids are sold “as is” and we make no guarantee of the past or the future of your purchased kids.
If you believe that you are entitled to a replacement or repair under our very Limited Warranty or based on your statutory rights, please contact us immediately.
Circumstances beyond Reasonable Control
We will use reasonable efforts to perform our obligations. However we cannot be held responsible for delay or failure to perform, if the delay or failure is caused by any circumstances beyond our reasonable control. In the event of delay, we will perform our obligations as soon as reasonably possible.
Our Liability
These Sales Terms set out the full extent of our obligations and liabilities in respect of the supply of the kids. There are no warranties, conditions, or other terms that are binding on us. Any warranty, condition or other term concerning the transaction which might be implied by statute, common law or laws applicable in the country where you bought the kids (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby excluded to the maximum extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
We shall not be liable whether in contract, tort or otherwise for any economic losses (including without limitation loss of income, loss of profits, loss of contracts, business or anticipated savings), loss of data, loss of goodwill or reputation or for any special, indirect, consequential or punitive loss or damage of any kind howsoever arising.
However nothing in this section shall affect your statutory rights and nothing in these sales terms seeks to exclude or limit liability for any of the following:
1. fraud;
2. misrepresentation;
3. the death of, or personal injury to, any person caused by negligence;
4. under section 12 of the sale of goods act 1979;
5. under section 2 of the supply of goods and services act 1982; and/or
6. under part i of the consumer protection act 1987.
Export Controls
You agree to comply with all laws, regulations and orders of the United States, the European Union and the United Kingdom applicable to the export, re-export, transfer or resale of Products (“Export Lawsâ€). You agree (i) not to export any Product to any country in contravention of any Export Law; and (ii) not to export any Product to any country for which an export license or other governmental approval is required, without first obtaining all necessary licenses and approvals. You warrant that you are not located in, under the control of or a national or resident of any country to which export of the Products is prohibited by any Export Law.