Terms & Conditions

Bambino Planet Terms and Conditions of Sale (effective from June 2016)

Please read these Conditions carefully before ordering any Goods from Bambino Planet. You

agree to be bound by these Conditions upon ordering any Goods.

1. DEFINITIONS

1.1 The following definitions apply to these Conditions:

“Business” means any customer (typically an educational establishment) other than a

Consumer; “Conditions” these terms and conditions;

“Consumer” means you are purchasing as an individual and not on behalf of a business, acting

for purposes wholly or mainly outside your trade, business, craft or profession;

“Goods” means the products or services we are selling to you as set out in the

Order; “Order” means your Order for the Goods;

“Site” means www.bambinoplanet.co.uk

“Bambino Planet” or “our” or “us “ or “we” means Bambino Planet, L&G SUPPLIES LIMITED, 8

Oaks Lane, Ilford, IG2 7PL

and

“you” means the person, company, organization or other entity entering into the Order

for the Goods.

1.2 Written / writing includes email.

1.3 Headings do not affect the interpretation of these Conditions.

2. BASIS OF SALE

These Conditions will apply to any Order for Goods placed by you and to the contract

between us for the sale of such Goods to you.

3. FORMATION OF ORDER AND ACCEPTANCE

3.1 You may place an Order:

3.1.1 if it is made on an official Bambino Planet order form; or

3.1.2 online through the ordering process on the Site or

3.1.3 by telephone

3.2 After you place the Order, you should receive an email from us acknowledging that we

have received the Order. Where you have not supplied your email address with the

Order, but we hold an email address for you in our system, we will send the

acknowledgment to that email address. This is when the contract is made between us.

3.3 We may refuse the Order for any reason at our sole discretion.

3.4 Please note that certain goods and promotions are only available in mainland United

Kingdom and, as such, may be unavailable in the region or country from which you are

accessing the Site and / or published materials.

4. DESCRIPTION OF GOODS

4.1 Any samples, drawings, descriptions or illustrations contained in our published materials

(including on the Site), 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 for the sale of the Goods and are subject to correction without any liability on the

part of Bambino Planet. We may make minor changes, which do not materially affect

the performance of the Goods, to the specification of the Goods at any time and

without notice.

4.2 The images of the Goods shown in the electronic or printed catalogue are for illustrative

purposes only. Variations in the colour due to photography, publishing or your computer’s

display can occur. You acknowledge that the Order (including for personalised

products) is placed at your own risk if, for example, the colour, shade representation,

dimensions or texture of the Goods differs from the image in the published materials.

4.3 If we discover an error in the price of the Goods you have Ordered (e.g. incorrect price

displayed in one of our catalogues, online or in any other materials or media), we will

contact you to inform you of this error and we will give you the option of continuing to

purchase the Goods at the correct price or cancelling the Order. Please note that we do

not have to provide the Goods to you at the incorrect (lower) price.

4.4 Please always read labels, warnings and directions provided with the Goods before use.

5. TITLE RETENTION

5.1 Title in the Goods shall not pass to you until both: (i) payment is received by us for the

Goods; and (ii) no other amounts are outstanding from you to us in respect of any other

goods supplied by us to you.

5.2 We can recover any Goods in respect of which ownership has not passed to you in

accordance with clause 5.1 above at any time. You agree to, immediately following written

request from us, allow us access to the Goods (and to such premises as are required to

access the Goods) in order to facilitate such recovery.

6. PRICE AND PAYMENT

6.1 All prices are quoted in pounds Sterling, unless otherwise agreed in writing, and are:

6.1.1 exclusive of VAT or applicable tax, which will be added to the total amount due;

6.1.2 exclusive of any applicable bank charges, which will be added to the total amount

due;

6.1.3 All orders placed over the total value of £150.00, excluding VAT, will be

delivered free of charge (excluding bulky items). Orders with a total value of

under £150.00, excluding VAT, will be subject to a £5.95 carriage charge.

Furniture, large play equipment etc. (bulky item) may incur an additional delivery

charge of £12.50

6.1.4 all deliveries are in the UK (excluding the Highlands, Islands and Northern

Ireland) only

6.2 Eligible bodies such as registered charities may be subject to VAT exemption on

Goods. A written VAT exemption declaration must be submitted at the time of ordering

to qualify for VAT exemption.

6.3 If you do not have credit terms with us, payment for all Goods, or certain other sums

which become payable under clause 6.1, must be made in advance by credit or debit card

(UK only), BACS or by Paypal.

6.4 If you have credit terms with us, we may invoice you for the Goods on or around the date

we have despatched the Goods to you. You must pay the invoice in cleared monies within

fourteen (14) calendar days of the date of the invoice.

6.5 If you do not make any payment due to us by the due date for payment (as set out in

clauses 6.3 and 6.4), we may charge interest and compensation to you on the overdue

amount at the rate specified in the Late Payment of Commercial Debts (Interest) Act

1998.

6.6 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 Order (both the one to which the payment relate(s)

and any other Order) until you have paid the outstanding amounts.

7.DELIVERY

7.1 Risk in the Goods shall pass to you when the Goods are delivered to, or collected by, you or

your agent.

7.2 Dates for delivery of the Goods are estimates only and are subject to our availability

schedule. We shall make every reasonable effort to meet any delivery date(s)

acknowledged but shall not be liable for failure to meet such date(s).

7.3 We will deliver the Goods to the designated address in the Order, or such other address

as we both agree, which will be confirmed on the Order acknowledgment. You should ensure

that you are, or a trusted representative is, physically present at the time of delivery. We

will presume that any person at any address you specify has the authority to receive the

Order on your behalf.

7.4 If we are unable to deliver the whole of the Order at one time due to, for example,

operational reasons or shortage of stock, we may deliver the Order in instalments. There

will be no additional delivery cost for this. Where Bambino Planet exercises its right to

deliver the Order in instalments, the original contract shall be deemed varied and divided

into separate contracts for each instalment.

7.5 Deliveries shall be made by us or an appointed third party to the delivery premises. Where

you request delivery to be made to a location within the delivery premises, you shall advise

us accordingly at the time of placing the Order for which there may be an additional

charge. We do not guarantee that we will be able to accommodate your delivery request.

However, should we be able to, you agree to procure all access and relevant facilities (e.g.

use of a lift).

7.6 All deliveries are made to ground floor pavement level.

7.7 If a delivery is refused once it has left our warehouse, Bambino Plane reserves the right

to charge for the cost of delivery and the cost of returning the goods to our warehouse,

the minimum charge is £25.00. To assist with deliveries during school holidays please

indicate opening times when placing orders.

8. ORDER AMENDMENTS

Bambino Planet may, at its sole discretion, accept or reject any requests for amendments to

Orders prior to despatch.

9. CANCELLATION AND RETURNS

9.1 If you are a Consumer, you have a legal right to cancel the Order and request the return

of the Goods under the Consumer Contracts (Information, Cancellation and Additional

Charges) Regulations 2013 up to fourteen (14) days after the day on which you receive the

Goods. This means that, during the relevant period, if you change your mind or decide for

any other reason that you do not want to receive or keep the Goods, you can notify us of

your decision to cancel the Order (our details can be found on the ‘contact us’ section on

the Site) and receive a refund for the price you have paid for the Goods, together with

the original delivery charges (if applicable). This cancellation right does not apply in the

case of non-returnable Goods as set out in clause 9.6 below.

9.2 If you cancel the Order in accordance with clause 9.1, you must contact our customer

services team no later than fourteen (14) days from delivery of the Goods for us to agree

to arrange return of the Goods. All Goods must be unused and in their original boxes and

packaging, including any manuals, software or accessories supplied with the Goods. You

should send the Goods back by following the instructions given to you no later than

fourteen (14) days from the day on which you communicated your cancellation to us. In

such case, Consumer is liable for cost of return delivery.

9.3 If you are a UK Business customer and you cancel a large / furniture (bulky) item (as

defined by Bambino Planet at its discretion) in accordance with clause 9.1 above, we will

charge you a restocking fee of 20% of the Order value, plus the cost of the collection.

9.4  To make a return there will be a minimum £25.00 collection fee as well as a 15%

administration charge plus VAT. 

9.5 If we will refund monies to you, we will usually refund you by the method of payment you

used, for example, if you paid for the Goods by Bank transfer, we will ask for your Bank

details so we can refund you by Bank transfer. If you used vouchers to pay for the Goods

we may refund you in vouchers.

Non-returnable Goods

9.6 Returns of the Goods will not be accepted in the following circumstances:

9.6.1 The Goods were made to your own specification, personalised or customised, or

configured to order;

9.6.2 Audio or video recordings that have been unsealed; or

9.6.3 Open packaged software or pre-loaded / downloaded software licences.

9.6.4 Made to order items are non-returnable and non-refundable

Damage in transit

9.7 We will accept responsibility for damage, storage or loss in transit only if:

9.7.1you report the damage or loss within 48 hours of receipt of the Goods. Failure to

notify us within 48 hours of receipt will invalidate any claim with regard to the Goods;

9.7.2such loss or damage is noted on the consignment note or delivery document upon

receipt

9.7.3the packaging of the damaged item is retained for inspection; and

9.7.4the Goods are handled by you in accordance with our, or the carrier’s, conditions of

carriage or handling stipulations.

9.7.5Each claim is individually investigated. If it is found that goods have been damaged in

transit, the goods will be replaced. However, if the replacement is refused and cancelled

by the customer cancellation charges will apply. Please do not sign for the delivery of goods

unless you have carefully examined them for damage or missing products.

Note this clause 9.7 does not affect the point risk transfers from us to you in accordance

with clauses 7.1 or 7.7 above.

9.8 Where we accept responsibility under clause 9.7, we shall at our option replace, repair or

refund any Goods proved to our satisfaction to have been lost or damaged in transit.

Errors in personalised Goods

9.9 Please note that, in relation to personalised Goods, we cannot be responsible for: spelling,

punctuation or grammatical errors made by you; inferior quality or low-resolution of

uploaded images; design errors introduced by you in the document creation process; or

errors in user- selected options such as choice of finish, quantity or product type. Please

preview the designs carefully and correct any mistakes prior to placing the Order. Bambino

Planet does not proof documents created by its customers prior to processing.

Warranty returns

9.10 Warranty returns can be made under the warranty return provision

9.11 If having checked any Goods returned under clause 9.10, we have found that they are not

faulty, or the defect arose from one of the circumstances set out in clause 10.3 below, in

addition to not refunding you the Order value, we may charge you a handling fee equivalent

to 20% of the price that you originally paid for the Goods or £10, whichever is the

greater.

10. INTELLECTUAL PROPERTY RIGHTS

Customised items and personalised Goods

10.1 Please note that we reserve the right to brand personalised Goods with any Bambino Planet

logo.

10.2 In using the image upload facility on the Site for personalised Goods, you agree not to

upload or print any images that will be illegal or unlawful or cause distress or offence to

any person. We reserve the right (but shall have no obligation) to refuse to process any

Order that may be illegal or unlawful or cause offence or distress to others; in such a case

we will refund any payment made.

10.3 It is your responsibility to ensure that express permission for any images you use have

been granted by the owner of any image. In addition, you confirm you have received the

consent of any relevant person for the use of the image (if relevant), which includes

consent from the parent or guardian of any children in the image. You warrant that any

photo / image / design uploaded does not infringe upon any rights of any third party,

including but not limited to copyright or trademark and/or any rights in order to process

Data (as defined in clause 12.1), and that you have all required rights or permissions

necessary to incorporate third party material into the Goods. You: (a) warrant that you

have sufficient rights; and (b) grant us the right, to copy, modify and create derivative

works from any uploaded content (i.e., content you have uploaded) for the purpose of

fulfilling the Order.

10.4 You will hold Bambino Planet harmless against any expense, judgment or loss for the

infringement of any patents, copyrights or trademarks which results from our compliance

with your designs, specifications or instructions.

10.5 You agree that you shall indemnify and defend us and our directors, officers and

employees, against all claims, liability, damages, costs and expenses, including reasonable

legal fees and expenses arising out of or related to: (i) your breach of these Conditions; or

(ii) any suit, claim, or demand arising from or relating to any text, photograph, image,

graphic or other material you incorporate into the Goods.

11. ANTI-BRIBERY

You shall ensure that you and, if applicable, all of your employees, agents, sub-contractors and any

other party performing your obligations or exercising your rights under or in connection with

these Conditions and/or any other agreement that you may have with us, complies at all times with

all applicable anti-bribery and/or corruption laws, regulations and codes of conduct in all

jurisdictions. You shall, whenever requested by us, provide evidence of the measures, steps and

processes that you take to ensure compliance with the provisions of this clause and the relevant

laws, regulations and codes of conduct.

12. DISPOSAL OF WASTE ELECTRICAL EQUIPMENT

12.1 You are responsible under Regulation 9 of the Waste Electrical and Electronic Equipment

Regulations 2013 (the “WEEE Regulations”) for the costs of collection, treatment,

recovery,

recycling and environmentally sound disposal of any equipment supplied under the Order

that has become waste electrical and electronic equipment (“WEEE”). Bambino Planet and

you acknowledge that, for the purposes of Regulation 9, this clause 14 is an agreement

stipulating other financing arrangements for the collection, treatment, recovery, recycling

and environmentally sound disposal of WEEE.

12.2 You are responsible for any information recording or reporting obligations imposed by the

WEEE Regulations. You shall indemnify and hold harmless Bambino Planet against any claims

or legal proceedings that are brought or threatened against Bambino Planet by a third

party which would not have been caused or made had you fulfilled your express or implied

obligations under this clause or in connection with the WEEE Regulations. We will notify

you of any such claims or proceedings and keep you informed as to the progress of such

claims or proceedings.

13. MISCELLANEOUS

13.1 We reserve the right to amend these Conditions from time to time without notice by

updating the same on the Site.

13.2 Neither party shall be liable to the other for any delay in or failure to perform its

obligations hereunder (other than a payment of money) provided that such a failure is due

to causes beyond its reasonable control, including without limitation, strikes, lockouts or

other industrial action by workers, employers, trade disputes, accidents on land or sea,

government interference, war or hostilities, riot or civil commotion, earthquake, flood, fire

or other natural physical disaster, Government action or legislation.

13.3 Failure by either party to exercise or delay in exercising any of these Conditions shall not

constitute or be deemed to be a waiver of either party’s rights hereunder nor prejudice

our or your rights to take subsequent action.

13.4 Any notice required to be given under these Conditions shall be in writing and shall be sent

to the address of the customer / reseller set out in the Order (for notices to be sent to

you) or the registered office of Bambino Planet (for notices sent to us). Any notices sent

to Bambino Planet via email will only be valid if they are sent to: info@bambinoplanet.co.uk

13.5 Nothing in these Conditions shall make either party the agent or partner of the other or

give either party the power to bind the other.

13.6 Nothing in these Conditions shall confer on any third party any right or benefit under the

provisions of the Contracts (Rights of Third Parties) Act 1999.

13.7 You agree to maintain in confidence and not disclose, reproduce or copy any materials,

documentation or specifications which are provided to you hereunder. You shall be

responsible for ensuring that your employees, agents, sub-contractors and any other party

performing your obligations or exercising your rights under or in connection with these

Conditions and/or any other agreement that you may have with us are bound by the same

obligations and that such obligations ensure beyond any termination of employment with

you.

14. ADDITIONAL TERMS FOR CONSUMERS

Authority

14.1 You confirm that you have authority to bind any business (including school / nursery /

after school club) on whose behalf you Order any Goods.

Entire Agreement

14.2 These Conditions, together with any contract documents Bambino Planet provides you,

constitute the entire agreement and understanding between the parties relating to the

subject matter. These Conditions supersede and cancel all prior agreements, statements,

representations, understandings, negotiations and discussions, whether oral or written,

between the parties. Each of the parties acknowledges and agrees that in entering into any

Order it has not relied on (or has been induced to enter into any Order by) any statement,

representation, warranty or understanding made prior to these Conditions. Nothing in this

clause excludes any liability for fraudulent misrepresentation.

15. GOVERNING LAW AND JURISDICTION

These Conditions shall be governed by and construed in all respects in accordance with the laws of

England and Wales and shall be subject to the non-exclusive jurisdiction of the English Courts.