Agreed terms

Interpretation

The definitions in this clause apply in the terms and conditions set out in this document:

Force Majeure Event: shall have the meaning given in clause 9.
Goods: the products that we are selling to you as set out in the Order.
Order: your order for the Goods as set out in your online order form.
Order Confirmation: shall have the meaning set out in clause 2.5.
Terms: the terms and conditions set out in this document.
Writing: or written includes faxes and e-mail.

Headings do not affect the interpretation of these terms.

Basis of Sale

These Terms, the Order and our price list are considered by us to set out the whole agreement between you and us for the sale of the Goods. Please check that the details in the Terms or on the Order are complete and accurate before you commit yourself to the contract. If you think that there is a mistake, please make sure that you ask us to confirm any changes in Writing, as we only accept responsibility for statements and representations made in Writing by our authorised employees and agents. Please ensure that you read and understand these Terms before you sign and submit the Order, because you will be bound by the Terms once a contract comes into existence between us, in accordance with clause 2.5.

Any drawings, descriptions, images, or advertising we issue, and any descriptions or illustrations contained in our catalogues or brochures, are issued or published solely to provide you with an approximate idea of the Goods they describe. They do not form part of the contract between you and us or any other contract between you and us for the sale of the Goods.

If any of these Terms are inconsistent with any term of the Order, the Order shall prevail.

The Order is an offer by you to enter into a binding contract, which we are free to accept or decline at our absolute discretion.

These Terms shall become binding on you and us when we issue you with written acceptance of an Order (Order Confirmation) at which point a contract shall come into existence between us.

We shall assign an order number to the Order and inform you of it in the Order Confirmation. Please quote the order number in all subsequent correspondence with us relating to the Order.

You may at any time before we dispatch your order, amend or cancel an Order by providing us with written notice. If you amend or cancel an Order, your liability to us shall be limited to payment to us of all costs we reasonably incur in fulfilling the Order until we receive your amendment or cancellation, except that where the amendment or cancellation results from our failure to comply with these Terms you shall have no liability to us for it.

We have the right to revise and amend these Terms from time to time. You will be subject to the policies and terms in force at the time that you order the Goods from us, unless any change to those policies or these Terms is required by law or government or regulatory authority (in which case, it will apply to orders you have previously placed that we have not yet fulfilled).

We will be able to hold your date for the purposes of processing your order and in relation to any services you have subscribed to from our website.  Please send us a notice in writing if you wish to unsubscribe from our services.  We will not pass your data onto any third party organisations.

The Goods

We warrant that on delivery the Goods shall:

conform in all material respects with their description;

be of satisfactory quality;

be fit for any purpose we say the Goods are fit for or for any reasonable purpose for which you use the Goods;

be free from material defects in design, material and workmanship; and

comply with all applicable statutory and regulatory requirements for selling the Goods in the United Kingdom.

This warranty is in addition to your legal rights in relation to Goods which are faulty or which otherwise do not conform with these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or trading standards office.

This warranty does not apply to any defect in the Goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, if you use the Goods in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval.

We will take reasonable steps to pack the Goods properly and to ensure that you receive your order in good condition.

These Terms apply to any repaired or replacement Goods we supply to you in the unlikely event that the original Goods are faulty or do not otherwise conform with these Terms.

Delivery

We will arrange delivery of the Goods to you within three calendar days after payment has been received by us.

Delivery of the Order shall be completed when we deliver the Goods to you.

We will take reasonable steps to meet the delivery date set out on the Order or as otherwise agreed between us in writing. However, occasionally delivery may be affected by factors beyond our control and so cannot be guaranteed. We will let you know if we become aware of an unexpected delay and will arrange a new delivery date with you. For deliveries to outside of mainland UK a specific delivery schedule will be notified to you.

If we are not able to deliver the whole of the Order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. If you ask us to deliver the Order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

Defective goods and returns

In the unlikely event that the Goods do not conform with these Terms, please let us know as soon as possible after delivery. We will ask you to follow the returns procedure specified on our website. Once we have checked that the Goods are faulty, we will:

provide you with a full refund; or

replace the Goods; or

repair the Goods.

These Terms will apply to any repaired or replacement Goods we supply to you.

If you are unhappy with the Goods for any other reason, you may return them to us at your own cost and in their original condition within 7 calendar days of receipt.  The refund given will be in relation to the cost of the Goods and not the cost of delivery.

Title and risk

The Goods will be your responsibility from the time of delivery.

Ownership of the Goods will only pass to you when we receive payment in full of all sums due for the Goods, including delivery charges.

Price and payment

The price of the Goods will be as set out in the Order. Prices are liable to change at any time, but price changes will not affect Orders that we have confirmed in writing. All prices are in Sterling and we will not accept liability for fluctuating exchange rates.

These prices include VAT (where applicable).

Delivery costs, which will be added to the total amount of the Goods, will be specified in your Order.

If you are ordering from outside of the United Kingdom you will be responsible for any customs, taxes or duties charged on the Goods.

It is always possible that, despite our best efforts, some of the Goods we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that, where the Goods' correct price is less than our stated price, we will charge the lower amount when dispatching the Goods to you. If the Goods' correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Goods, or reject the Order and tell you. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we do not have to provide the Goods to you at the incorrect (lower) price.

Payment for all Goods must be made in advance by credit or debit card. We accept payment with Visa, Mastercard, American Express, Solo, Maestro, Delta, Switch and Visa Electron.  We will use the secure payment provider Sage Pay to process your order.

Without limiting any other remedies or rights that we may have, if you do not pay us on time, we may cancel or suspend any other outstanding Order until you have paid the outstanding amounts.

Clause 7.7 shall not apply for the period of the dispute if you dispute the payment owing in good faith and let us know promptly after you have received the invoice that you dispute it.

Limitation of liability

Subject to clause 8.2, if either of us fails to comply with these Terms, neither of us shall be responsible for any losses that the other suffers as a result, except for those losses which are a foreseeable consequence of the failure to comply with these Terms.

Neither of us shall be responsible for losses that result from our failure to comply with these Terms including, but not limited to, losses that fall into the following categories:

loss of income or revenue;

loss of business;

loss of anticipated savings;

loss of data; or

any waste of time.

However, this clause 8.2 shall not prevent claims for foreseeable loss of, or damage to, your physical property.

This clause does not include or limit in any way our liability for:

death or personal injury caused by our negligence; or

fraud or fraudulent misrepresentation; or

any breach of the obligations implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or

losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or

any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.

We will not be liable to you if any Goods returned to us by you are lost prior to their arrival with us.  Therefore we recommend you use registered, recorded or special delivery.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes, in particular (without limitation), the following:

strikes, lock-outs or other industrial action; or

civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; or

fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; or

impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; or

impossibility of the use of public or private telecommunications networks.

Our obligations under these Terms are suspended for the period that the Force Majeure Event continues, and we will have an extension of time to perform these obligations for the duration of that period. We will take reasonable steps to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms can be performed despite the Force Majeure Event.

Assignment

You may not transfer any of your rights or obligations under these Terms to another person without our prior written consent, which we will not withhold unreasonably. We can transfer all or any of our rights and obligations under these Terms to another organisation, but this will not affect your rights under these Terms.

Notices

All notices sent by you to us must be sent to Mamami by Chet at Parkside House, 3 Parkside, Orton Longueville, Peterborough, Cambridgeshire, PE2 7DL or chet@mamami.co.uk. We may give notice to you at either the e-mail or postal address you provide to us in the Order. Notice will be deemed received and properly served 24 hours after an e-mail is sent or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that the letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that the e-mail was sent to the specified e-mail address of the addressee.

General

If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

If we fail, at any time while these Terms are in force, to insist that you perform any of your obligations under these Terms, or if we do not exercise any of our rights or remedies under these Terms, that will not mean that we have waived such rights or remedies and will not mean that you do not have to comply with those obligations. If we do waive a default by you, that will not mean that we will automatically waive any subsequent default by you. No waiver by us of any of these Terms shall be effective unless we expressly say that it is a waiver and we tell you so in writing.

A person who is not party to these Terms shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.

These Terms shall be governed by English law and we both agree to the non-exclusive jurisdiction of the English courts.