TERMS AND CONDITIONS
These Terms and Conditions, together with any and all other documents referred to herein, set out the terms under which Goods are sold by us through this website (and any of our associated sites). Please read these Terms and Conditions and ensure you understand them before ordering any Goods from this Site (or through any of our other sites, ie Facebook Shop, Instagram Shop etc). If you do not agree to be be bound by these Terms and Conditions, you will not be able to order Goods through any of our associated sites including this one.
This site www.routininthewomb is owned and operated by Babyopathy Ltd. Access to any of our sites is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue this Site or others we sell on (or any part of it) at any time and without notice. We will not be liable to you in any way if any of our Sites (or any part of it) is unavailable at any time and for any period.
Goods, Pricing and Availability - We make all reasonable efforts to ensure all descriptions and graphical representations of Goods available from us correspond to the actual Goods. However, Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions and between batches as our chocolate is handmade. Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary and we reserve the right to change packaging without notice. We do not guarantee that goods will be available. Whilst we make all reasonable efforts to ensure all prices shown on this site and others we sell on are correct at the time of going online, we reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed, except for any changes in VAT that are imposed upon us. All prices on this and other sites we sell on, include VAT where applicable. If the VAT rate changes between your Order being placed and Us taking payment, we reserve the right to adjust the the amount of VAT payable, we will advise you of this BEFORE we dispatch your order. If we do not hear from you within 14 days of this notification we will consider your order null and void and our contract with you cancelled.
Orders and Payment – No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that Babyopathy Ltd may, at accept at our sole discretion. Our acknowledgement of receipt of your Order does not mean that we have accepted it, only our confirmation by email of dispatch of your order can be considered acceptance by us, only then is there a legally binding contract between you and us. If for any reason, Babyopathy Ltd does not accept or cannot fulfil your Order, no payment shall be taken under normal circumstances and if any payment has been taken, this will be refunded to you within 14 days. Payment for Goods must always be made in advance and you will be prompted to pay during the order process. We accept the methods of payment as shown at checkout on this site.
Delivery, Risk and Ownership - All Goods purchased through this and other sites we sell on, will normally be delivered within the times given on the Site during the Order process. For subscriptions during peak periods we have the right to send goods 2 or 3 days earlier to ensure they arrive by the specified date. Our chosen delivery partner will attempt to delivery the goods to you, if they are unable to deliver the Goods on the delivery date (if, for example, no one is available at your address to receive the Goods) our delivery partner may leave your goods with a neighbour or leave a note advising of where your goods have been returned to, and how to either arrange re-delivery or collect them. It is your responsibility to ensure you retrieve the goods from our chosen delivery partner in this instance. Delivery will be deemed complete once our partner has delivered the Goods to the address including, where relevant, any alternative address provided in your Order. The risk in the Goods remains with us until they come into your physical possession. Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges).
Faulty, Damaged or Incorrect Goods - By law, we must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information ee have provided. If any Goods you have purchased do not comply or for example, have faults or are damaged when you receive them, or if you receive incorrect Goods, please contact us as soon as reasonably possible to advise us of this and to arrange for a refund, repair or replacement. Beginning on the day that you receive the Goods you have a 14 Calendar Day right to reject the Goods and to receive a full refund if they do not conform as stated above (however, tamper seals must be intact). Alternatively, you may request replacement Goods. We will bear any associated costs and will carry out the replacement within a reasonable time and without significant inconvenience to you. In certain circumstances, where a replacement is impossible or otherwise disproportionate, we may instead offer you a full refund. If you request a replacement during the 14 Calendar Day rejection period, that period will be suspended whilst we carry out the replacement and will resume on the day that you receive the replacement Goods. Please note that you will not be eligible to claim under this Clause if we informed you of the issue with the Goods before your purchase of the them (and it is because of the same issue that you now wish to return them). Please also note that you may not return Goods to Us under this Clause because you have changed your mind. If you are a consumer in the European Union you have a legal right to a 14 calendar day cooling off period within which you can return Goods for this reason.
Returns - To return Goods to Us first email us through this website. We will be fully responsible for the costs of returning Goods that are damaged, faulty or that we sent you incorrectly and will reimburse you where appropriate for postage back to us. If you are returning goods under the 14 day cooling off period, you are responsible for the full return postage amount and refunds will not be made until we receive the goods back in our warehouse with tamper seals intact. We recommend that you use a tracking service or keep your receipt of proof of postage as you are legally responsible for the goods up until the point they reach our warehouse. Refunds (whether full or partial, including reductions in price) will be issued within 14 Calendar Days of the day on which either; we receive the goods back into our warehouse with the tamper seals intact OR within 14 days if we have agreed with you in writing that the return of goods is not necessary on a case by case basis. Refunds will always be made using the same method you paid for the goods, ie refund the credit card you used at checkout. You must ensure we receive the return before the 14 days from your receipt of the goods elapses to invoke this consumer right. This does not affect your statutory rights.
Unsolicited Goods - in the unlikely event we send goods to you that you have not ordered (ie entered into a legal contract with us to purchase), please advise us immediately through this website and we will arrange for collection of the goods at no expense to you.
Events Outside of Our Control (Force Majeure) - We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control. If any event occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms and Conditions we will inform you as soon as is reasonably possible. Our obligations under these Terms and Conditions (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly. We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary. If the event outside of Our control continues for more than 28 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled. If an event outside of Our control occurs and continues for more than 28 days and you wish to cancel the Contract as a result, you may do so. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
Our Liability to Consumers - we will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms and Conditions or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable. Nothing in these Terms and Conditions seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation. Nothing in these Terms and Conditions seeks to exclude or limit Your legal rights as a consumer.
Use of Our Site - You may not use Our Site for any of the following purposes: disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material or otherwise breaching any laws; transmitting material that encourages conduct that constitutes a criminal offence, or otherwise breaches any applicable laws, regulations or codes of practice; interfering with any other person’s use or enjoyment of Our Site; or making, transmitting or storing electronic copies of materials protected by copyright or other intellectual property right without the proper permission. You will be responsible for Our losses and costs resulting from your breach of this. You may link to Our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists. Our Site must not be framed on any other website.
This website - provides links to other websites for your information. If you use these links, you will be redirected away from our website. We therefore do not endorse or make any representations about third party websites, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked via Our Site, you do so entirely at your own risk. We accept no responsibility for third party websites or for any loss or damage that may arise from your use of them.
Intellectual Property - all content included on this website and any others we sell on, including but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Babyopathy Ltd. By continuing to use this site and any others we sell on, you acknowledge that such material is protected under United Kingdom and International intellectual property and other laws. You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on any site we sell on, including this one, without written permission from a Babyopathy Ltd Director.
Other Important Terms - We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions and the suspension or cancellation of your registration and your right to use Our Site shall not affect either party’s statutory rights or liabilities. The Contract is between you and Us, it is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions. If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable. No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision. We may revise these Terms and Conditions from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms and Conditions as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 14 days of your cancellation. Nothing said by any sales person on Our behalf should be understood as a variation of these Terms and Conditions or as an authorised representation about the nature or quality of any Goods offered for sale by Us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
International Customers - Due to customs, legal, regulatory and certain practical restrictions applicable to orders placed for international delivery, some of our products may not be available for delivery to certain destinations outside the UK. We reserve the right to define what can and cannot be delivered to which destination. All purchases must be made in Pounds Sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration charge in relation to such payment which international credit card holders will be liable to pay. Our products are sold on a delivery duty unpaid basis. The recipient may have to pay import duty or a formal customs entry fee prior to or on delivery. Additional taxes, fees or levies may apply according to local legislation and customers are required to check these details before placing an order for international delivery. Where applicable, it will be your sole responsibility to comply with any export controls or sanctions rules applicable to goods supplied to you.
For information on how to contact us, with feedback, complaints or for any other purpose please go to our CONTACT US page.
Law and Jurisdiction - These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law in The United Kingdom. Any disputes concerning these Terms and Conditions, the relationship between you and Us, the Goods or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales. The following clause is in addition to these Terms and Conditions and includes all aforementioned clauses.