Terms and Conditions of Sale

1.         Introduction

1.1     These terms and conditions shall govern the sale and purchase of products 

1.2     You will be asked to give your express agreement to these terms and conditions before you place an order 

1.3     This document does not affect any statutory rights you may have as a consumer (such as rights under the Sale of Goods Act 1979 or the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013).

2.         Interpretation

2.1     In these terms and conditions:

(a)      "we" means Ventalux Ltd ; and

(b)      "you" means our customer or prospective customer,

          and "us", "our" and "your" should be construed accordingly.

 

 

3        Products

3.1     The following types of products are or may be available : Baby Cot Mattresses, Baby Cot bed Mattresses, Baby Crib & Moses Basket Mattresses, Travel Cot Mattresses, Baby Pram, Pushchair, Buggy and Car Seat Raincovers.

4.1    Our policies and procedures relating to the delivery of products are set out in our delivery policy document.

 

5.      Breach of product warranty

5.1 If you believe that products you have purchased from us breach any of the warranties set out in Section 9.2, please contact us to discuss the issue and arrangements for the return of the products.

5.2    If products you purchase from us do not conform with the warranties set out in Section 9.2, then you will be entitled to a refund of all amounts paid in respect of those products. Alternatively and subject to availability, we may agree to supply you with replacement products, in which case we will pay the cost of delivering those replacement products to you. In either case we will reimburse you for your reasonable expenses incurred in returning the products to us.

5.3    If you return a product in contravention of these terms and conditions, and you do not have any other legal right to a refund or exchange in respect of that product:

(a)      we will not refund the purchase price or exchange the product;

(b)      we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c)      if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

11.      Limitations and exclusions of liability

11.1    Nothing in these terms and conditions will:

(a)      limit or exclude any liability for death or personal injury resulting from negligence;

(b)      limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)      limit any liabilities in any way that is not permitted under applicable law; or

(d)      exclude any liabilities that may not be excluded under applicable law,

          and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

11.2    The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:

(a)      are subject to Section 11.1; and

(b)      govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

11.3    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.4    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.5    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

12.      Order cancellation

12.1    We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a)      you fail to pay, on time and in full, any amount due to us under the contract; or

(b)      you commit any breach of the terms of the contract.

12.2    We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

13.      Consequences of order cancellation

13.1    If a contract under these terms and conditions is cancelled in accordance with Section 12:

(a)      we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)      you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)      all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 11, 16, 17, 18, 19, 20 and 21 will survive termination and continue in effect indefinitely.

14.      Scope

14.1    These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

14.2    These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

14.3    These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

15.      Variation

15.1    We may revise these terms and conditions from time to time by publishing a new version on our website.

15.2    A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

16.      Assignment

16.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions − providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

16.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

17.      No waivers

17.1    No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

17.2    No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

18.      Severability

18.1    If a provision of a contract under these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

18.2    If any unlawful and/or unenforceable provision of a contract under these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

19.      Third party rights

19.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

19.2    The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

20.      Entire agreement

20.1    Subject to Section 11.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

21.      Law and jurisdiction

21.1    A contract under these terms and conditions shall be governed by and construed in accordance with English law.

21.2    Any disputes relating to a contract under these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

22.      Statutory and regulatory disclosures

22.1    We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

22.2    These terms and conditions are available in the English language only.

22.3    Our VAT number is 562558129

23.      Our details

23.1    This website is owned and operated by Ventalux Ltd 

23.2    We are registered in England under registration number 3025714 and our registered office is at Unit 8B, Redfern Industrial Estate, Hyde, Cheshire, SK14 1RD.

23.3    Our principal place of business is at Unit 8B Redfern Industrial Estate, Hyde, Cheshire, SK14 1RD.

23.4    You can contact us by writing to the business address given above, by using our website contact form, by email to ventalux@btconnect.com