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TERMS AND CONDITIONS

Retail Only - Terms and Conditions  - Direct to the public

OVERVIEW

 

This website is operated by Clare Baird. Throughout the site, the terms “we”, “us” and “our” refer to Clare Baird. Clare Baird offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

 

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

 

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

 

SECTION 1 - ONLINE STORE TERMS

 

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS

 

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

 

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable)

 

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

 

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

For more detail, please review our Returns Policy.

 

SECTION 7 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

SECTION 8 - THIRD-PARTY LINKS

 

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

SECTION 10 - PERSONAL INFORMATION

 

Your submission of personal information through the store is governed by our Privacy Policy. 

 

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Molly & Moo, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 14 - INDEMNIFICATION

 

You agree to indemnify, defend and hold harmless Molly & Moo and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 15 - SEVERABILITY

 

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 16 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 17 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW

 

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Clare Baird. 

 

SECTION 19 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

SECTION 20 - CONTACT INFORMATION

 

Questions and more information about the Terms of Service should be sent to us at info@clarebaird.co.uk.

 

Trade Only - Terms and Conditions - Direct to trade

 

TERMS AND CONDITIONS OF SALE

 

  1. GENERAL

 1.1  Unless otherwise agreed in writing by the Seller, the following terms and conditions of sale (the conditions) are the only basis on which Clare Baird (the seller) is willing to supply goods (the goods) or services to the Buyer (the Buyer).

 1.2 All quotations issued by the Seller shall be regarded purely as an indication of price and availability, and shall not be binding on the Seller unless and until accepted or confirmed in writing by the Seller.

 1.3  Save where a specific quotation has been made by the Seller to the Buyer for the supply of goods and/or services, the prices listed in the Seller’s current price lists will apply to any purchase, order, or confirmation of order.

 1.4 Any contract made between the Seller and Buyer shall be deemed to be as principals, and shall not be assignable by the Buyer.

  

  1. TERMS OF PAYMENT

 2.1 . Unless otherwise expressly agreed in writing by the Seller, payment for the goods and services supplied shall be due for payment within 30 days of collection or delivery of the goods or services, or receipt of the invoice, whichever occurs first.

 2.2 Overdue accounts shall, at the Seller’s discretion, be subject to interest at the rate of 3% per annum above the HSBC Bank base rate from time to time ruling.

 2.3  The Seller reserves the right to require payment before delivery.

 2.4  If the Buyer shall fail to make any payment when it becomes due, or it being an incorporated company, it shall have a receiver appointed, or shall pass a resolution for winding up, or a court shall make an order to that effect, or if not being an incorporated company, it shall have a receiving order made against it, or enter into any composition or arrangement with creditors or commit any act of bankruptcy or if there shall be any breach of the terms and conditions hereof, the Seller may without prejudice to its other rights or remedies, cancel the contract, refuse to make any further deliveries, demand immediate payment of any amount dues or accruing due to the Seller thereunder, or retain any deposits.

 2.5 For the purpose of this condition time of payment shall be of the essence of the contract.

 2.6 The Buyer shall not be entitled to withhold or set off payment for goods delivered for any reason whatsoever.

 

 

  1. DELIVERY

3.1 Each delivery shall be deemed the subject of a separate contract.

3.2 . The seller agrees to use its best endeavours to meet delivery dates requested by the Buyer, but insofar as relates exclusively t the obligations of the Seller, any delivery date, or delivery period is a business estimate only, and the Seller shall not be responsible for the loss of. Profit, or any other consequential or special loss, damage, or cost sustained by the Buyer as a result of any delay in the delivery, or non-delivery by the Seller.

 3.3  Any time for delivery specified by the Buyer shall not be of the essence of the contract, and shall not entitle the Buyer to cancel same, unless it has been expressly stipulated in writing by the parties that time is of the essence for the purpose of any particular delivery.

 

  1. RISK & PROPERTY

 4.1 Risk in the goods shall pass to the Buyer either on delivery of said goods to the Buyer or its agents or on collection from the Seller or its agents, the Buyer or its agents.

 4.2 Notwithstanding delivery, and the passing of risk in the goods, or any other provision of these conditions, the property in the goods shall not pass to the Buyer until the Seller has recievd, in cash or cleared funds, payment in full for the price of the goods, and all other goods agreed to be sold by the Seller to the Buyer, for which payment is then due.

 4.3 Until such times as the property and goods passes to the Buyer, the Buyer shall hold the goods as the Seller’s fiduciary agent and bailee and shall keep the goods separate from those of the buyer and third parties, and properly stored, protected and insured, and identified as the Seller’s property, until that time the Buyer shall be entitled to re-sell or use the goods in the ordinary course of its business, but shall account to the Seller for the proceeds of sale or otherwise of the goods, whether tangible or intangible, including insurance proceeds, and shall keep all such proceeds separate from any monies or property of the Buyer and third parties and, in the case of tangible proceeds, properly stored, protected and insured.

 4.4  Until such time as the property and the goods passes to the Buyer (and provided the goods are still in existence and have not be re-sold), the Seller shall be entitled at any time to require the Buyer to deliver up the goods to the Seller and, if the Buyer or any third part where the goods are being stored, and repossess the goods.

 4.5 The Buyer shall not be entitled to pledge or in any way charge by way of security from any indebtedness any of the goods which remain the property of the Seller, but if the Buyer does so, all monies owing by the Buyers to the Seller shall (without prejudice to any other right or remedy of the Seller) forthwith become due or repayable.

 

  1. POINT OF DELIVERY

 5.1 . Where goods are delivered by the Seller, or its agent to the Buyer’s premises of those of its agents, the point of delivery shall be when the goods are removed from the transporting vehicle.

 5.2 Where the goods are collected from the Seller’s premises, or from those of its agents by, or on behalf of the Buyer, the point of delivery shall be when the goods are placed on the vehicle collecting them.

 5.3  Where the goods are consigned by prepaid post the point of delivery shall be when the goods are posted.

 

  1. FAILURE TO TAKE DELIVERY

 6.1 If for any reason the Buyer fails to take delivery, without giving reasonable notice to the Seller, then without prejudcie to the Seller’s other rights, the Seller shall be entitled to charge the Buyer for all reasonable charges incurred in attempting to make delivery.

 

      7. ACCEPTANCE OF GOODS

7.1 The Buyer shall carefully examine goods immediately upon receipt ns shall, within 3 days of receipt, give notice in writing to the Seller of any short or over-delivery, or any defects reasonably expected to be discovered on careful examination. In the absence of receipt of such notice the Seller shall be absolved from all liability in respect of such defects or short or over-delivery.

 

  1. FAULTS, DEFECTS AND LIMITATIONS OF LIABILITY

 8.1  In the event that the Buyer establishes on the balance of probabilities that the goods are so defective the Seller’s liability will be limited to the replacement of the goods or, at their option, to the refund of any purchase price received in respect thereof.

 8.2  The Seller shall not be liable for the loss of profit, damage to plant or other property, or fr any expenditure incurred in respect of goods supplied, orfor any delay in delivery or any consequential or special loss, damage or cost sustained by the Buyer however caused. The Buyer shall indemnify the Seller against all claims made against the Seller by any third party in respect thereof.

 8.3  The Buyer shall also indemnify the Seller against any actions, claims or demand by third parties whether arising in contract from breach of statutory duty or in tort (including negligence) or otherwise howsoever arising either directly or indirectly from the use of goods or services supplied by the Seller, the misuse of such goods or services, or any failure by the Buyer to obtain any permission, consents or licence which may be necessary.

 

  1. FORCE MAJEURE

 9.1 The Seller will do all it reasonable can to preform it obligations under the contract with the Buyer, but shall not be obliged to do so if prevented by any event which is outside its reasonable control. Likewise, the Buyer may request the Seller to delay delivery of goods by reason of an event outside the Buyer’s reasonable control. This shall be without prejudice to the Buyer’s obligations to make payment for the goods as herein specified.

 

  1. INDUSTRIAL PROPERTY

 10.1 The Buyer shall not infringe the Seller’s patents, trademarks, trade names, or other proprietary rights.

 

  1. ARBITRATION

 11.1 Any dispute arising out of or under this contract shall be referred to arbitration.