Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products ("Products") listed on our website (http://www.mywondercube.co.uk/) ("our site") to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
By clicking through the order process at ‘Checkout Step 1' on the button marked "Continue Checkout" and entering your information on the ‘Checkout Step 2' page and clicking the button marked ‘Continue Checkout', you indicate that you accept these Terms and Conditions. Please understand that if you refuse to accept these Terms and Conditions, you will not be able to order any Products from our site.
1. Information About Us
Our site is operated by My Wonder Limited ("we"). We are registered in England and Wales under company number 06285666, with our registered office at Innovis House, 108 High Street, Crawley, West Sussex RH10 1AS. Our main trading address is PO Box 74, Hassocks BN6 0BU.
Our site is only intended for use by people resident in the United Kingdom. We do not accept orders from individuals outside the United Kingdom at present. Some restrictions are placed on the extent to which we accept orders from specific countries.
3. Your Status
3.1 By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts; and
3.1.2 You are at least 18 years old.
4. How The Contract Is Formed Between You And Us
4.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the "Dispatch Confirmation"). The contract between us ("Contract") will only be formed when we send you the Dispatch Confirmation.
4.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5 CANCELLATION Rights
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must inform us in writing. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 You will not have any right to cancel a Contract for the supply of any of Products if the Products have been used, damaged by you or soiled.
5.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.
5.5 We reserve the right to cancel this Contract if:
5.5.1 we have insufficient stock to deliver the Products that you have ordered;
5.5.2 we do not deliver to the location of your delivery address (please see clause 2 above); or
5.5.3 the Products ordered by you are listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
5.6 If we cancel this Contract in accordance with clause 5.5 above, we will notify you by email and will arrange a refund of any sum paid by you for any Products ordered which are subject to the cancellation as soon as possible but in any event within 30 days of the date of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
6. Availability And Delivery
Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
7. Risk And Title
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
8. Price And Payment
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices include any applicable VAT, but exclude delivery costs, which will be added to the total amount due as set out on the website, and further below:
8.2.1 In the UK, delivery shall be free for orders over £40.
8.2.2 In the UK, delivery is free for orders over £40 and charges for orders under £40 shall be £3.95 for a standard delivery (packages sent by standard Royal Mail delivery service, with anticipated arrival within five (5) working days from the date of delivery, as notified in the Dispatch Confirmation), or £8.25 for next day delivery (which is available on request for orders processed before 1pm on the day of order and as confirmed in our Dispatch Confirmation).
8.2.3 For any requests for orders outside the United Kingdom, please contact us at firstname.lastname@example.org for further information.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's 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 Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
8.6 We accept all major credit and debit cards, including Visa, MasterCard, Solo, Switch, Delta, Maestro and Visa Electron. We will not charge your credit or debit card until we dispatch your order. If you wish to pay by cheque, cheques will be made payable to ‘My Wonder Limited'. Please ensure that you write your cheque guarantee number, expiry date and guarantee value on the back of all cheques. The Products will only be dispatched once your cheque has cleared.
8.7 Buying online with us is done through the protx online payment scheme, which uses SSL (Secure Socket Layer) encryption technology. No credit card details are held by us and all card details will need to be input into the protx webpage when placing each order with us.
9. Our Refunds Policy
9.1 When you return a Product to us:
9.1.1 because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation, provided the Product is returned to us in its original condition and in all original packaging. In this case, we will refund the price of the Product in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. We recommend that you use registered post as we cannot be held responsible for Products that do not arrive back with us.
9.1.2 for any other reason (for instance, because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. Our Liability
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.2 Our liability for losses you suffer as a result of us breaking this Contract is strictly limited to the purchase price of the Product you purchased.
10.3 This does not include or limit in any way our liability:
10.3.1 for death or personal injury caused by our negligence;
10.3.2 under section 2(3) of the Consumer Protection Act 1987;
10.3.3 for fraud or fraudulent misrepresentation; or
10.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage, including but not limited to:
10.4.1 loss of income or revenue;
10.4.2 loss of business;
10.4.3 loss of profits or contracts;
10.4.4 loss of anticipated savings; or
10.4.5 loss of data,
provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories 10.4.1 to 10.4.5 inclusive.
11. Written Communications
All notices given by you to us must be given to My Wonder Limited at PO Box 74, Hassocks BN6 0BU. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 11 above. Notice will be deemed received and properly served immediately when posted on our website, 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 such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
13. Transfer Of Rights And Obligations
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract
14. Events Outside Our Control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event").
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
14.2.1 Strikes, lock-outs or other industrial action
14.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war
14.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster
14.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport
14.2.5 Impossibility of the use of public or private telecommunications networks
14.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
18. Our Right To Vary These Terms And Conditions
18.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
18.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
19. INTELLECTUAL PROPERTY RIGHTS
All of the Intellectual Property Rights (including all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database rights, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world ("Intellectual Property Rights")) in our Products and designs, material, documents, site design, graphics, systems, codes and connections contained on the Website or linked to it, and the selection and arrangement thereof, are owned by or licensed to us. All rights are reserved. The customer is entitled to electronically copy and to print in hard copy sections of this Website for the sole purpose of placing an order with us, or for viewing our product range, but not for any other purpose. Any other use of material on the Website, including photocopying, modifying and/or distributing any pages printed off this Website for the purposes other than those noted above, without our prior written consent, is strictly prohibited.
20. THIRD PARTY RIGHTS
A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
21. Law And Jurisdiction
Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
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