Terms of Purchase

Updated 8 November 2021

INFORMATION ABOUT US
1. We are Lindam Limited, a company registered in England and Wales under company number 2256862 and with our registered office at Central House, Otley Road, Harrogate, North Yorkshire, HG3 1UF, England. We operate the website www.munchkin.co.uk. We are the UK subsidiary of Munchkin Inc.
2. If you wish to contact us, including because you have any complaints or concerns about the product you have purchased, you can contact us by e-mailing our customer service team at careline@munchkin.com.
OUR PRODUCTS
1. The images of the products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the products. Your products may vary slightly from those images.
2. The packaging of the products may vary from that shown on images on our site.
USE OF OUR SITE
1. Your use of our site is governed by our ‘Terms of Use’ (which can be found below).
2. We also recommend that you read our ‘Privacy Policy’ which will explain how we may use your personal data when you visit our site and/or make a purchase from us.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1. Our site will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
2. After you place an order, you will receive an e-mail from us confirming your order. At this point a contract between us will be formed. If you do not receive an email confirmation from us, please contact us at careline@munchkin.com.
3. All products are subject to availability. In the unlikely event that you order products which are not available from stock, we will take reasonable steps to contact you to discuss how you wish to proceed. You will have the option to wait until the products are available from stock or cancel your order. If the products are unlikely to be restocked (or we are unable to contact you), we will cancel your order for those products and refund the price you have paid for those products.
OUR RIGHT TO VARY THESE TERMS
1. We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated.
2. Every time you order products from us, the Terms in force at the time of your order will apply to the contract between you and us.
YOUR CONSUMER RIGHT OF RETURN AND REFUND
1. You have a legal right to cancel a contract during the period set out below in clause 6.3. 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 a product, you can notify us of your decision to cancel the contract and receive a refund.
2. However, this cancellation right does not apply in the case of feeding bottles, feeding items, teethers and soothers for reasons of hygiene if they become unsealed after delivery.
3. You have 30 days from delivery of the products to cancel your contract with us.
4. For information on how to cancel your contract please see our Delivery & Returns Policy.
5. If you cancel your contract we will:
  1. refund you the price you paid for the products (or those products that you wish to cancel your order for). However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the products, if this has been caused by your handling of the product and your handling goes beyond what is necessary to establish the nature, characteristics and functioning of the products;
  2. refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer.
  3. make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
    1. 1. if you have received the product (or it has been dispatched to you) and we have not offered to collect it from you: 30 days after the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
      2. if you have not received the product (and it has not been dispatched to you) or you have received it and we have offered to collect it from you: 30 days after you inform us of your decision to cancel the contract.
6. If you have returned the products to us under this clause 6 because they are faulty or mis-described, we will refund the price of the products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7. We will refund you on the credit card or debit card used by you to pay.
8. If a product has been delivered to you before you decide to cancel your contract or you receive the product after you seek to cancel the contract:
  1. then you must return it to us without undue delay and in any event not later than 30 days after the day on which you let us know that you wish to cancel the contract;
  2. unless the product is faulty or not as described, you will be responsible for the cost of returning the products to us. If the product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the product to you, these costs should be similar to the sums we charged you for delivery and you should check the delivery costs with your carrier.
9. We are under a legal duty to supply products that are in conformity with this contract. As a consumer, you have legal rights in relation to products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 6 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
DELIVERY
1. Please visit the Delivery & Returns Policy page of this website to view our terms and conditions relating to delivery.
2. The product remains our property until you have paid for it in full or we have provided the product to you (whichever occurs later), whereupon you will own the product. On delivery of the products to you or collection of the products by you (as the case may be), the products shall be at your risk and responsibility and you will be responsible for their safekeeping and we will not be responsible for any damage or fault arising from incorrect storage.
3. Unfortunately, we do not deliver to addresses outside of the United Kingdom and higher delivery charges may apply to Scottish Highlands, Scottish Islands, Isle of Wight, Isles of Scilly, the Isle of Man, Jersey, Guernsey and the other Channel Islands.
PRICE OF PRODUCTS AND DELIVERY CHARGES
HOW TO PAY
1. You can pay for your products using any of the payment methods available to you in the check out process.
2. Payment for the products and all applicable delivery charges is in advance. By clicking the ‘Place Order’ button you are committing to your order and payment will be taken immediately from your payment method. Once your details have been approved, your order will be processed and you will receive email confirmation for your order.
OUR LIABILITY
1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
2. We only supply the products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
3. Nothing in these Terms excludes or limits our liability for:
  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); and
  4. any other liability which cannot be excluded or limited under English law.
EVENTS OUTSIDE OUR CONTROL
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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 12.2.
2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, pandemic, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
3. If an Event Outside Our Control takes place that affects the performance of our obligations under a contract:
  1. we will contact you as soon as reasonably possible to notify you; and
  2. our obligations under a contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
DATA PROTECTION
1. We are a data controller for the purpose of the Data Protection Act 2018 and other relevant data protection legislation. We take privacy very seriously and we hold and process your personal data in accordance with our 'Privacy Policy'.
OTHER IMPORTANT TERMS
1. We may transfer our rights and obligations under a contract to another organisation, but this will not affect your rights or our obligations under these Terms and we will use reasonable endeavours to notify you of any such change. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
2. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
3. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
4. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
5. If you are a consumer, please note that these Terms are governed by English law. This means a contract for the purchase of products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
6. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are a consumer and are not happy with how we have handled any complaint, you may want to contact an alternative dispute resolution provider. However, please contact us in the first instance, and we will seek to resolve any issues.

Terms of Use

Updated 8 November 2021

WHO WE ARE
1. The website www.munchkin.co.uk (“Website”) is provided by Munchkin, Inc., and its subsidiaries, including, without limitation, Lindam Limited and Munchkin Baby Canada Ltd. (collectively, “Munchkin,” "we," "our," or "us"). These Terms of Use govern your use of the Website, regardless of how you access or use it; the purchase of products via this Website is governed by our Terms of Purchase (which are set out above). Each time you use the Website, these Terms of Use apply to your use. Munchkin is not responsible for notifying you of changes to the Website and you should check the Website frequently to be aware of these changes.
2. The Website is operated in the United Kingdom by Lindam Limited. Lindam Limited are a company registered in England and Wales under company number 2256862 and with our registered office at Central House, Otley Road, Harrogate, North Yorkshire, HG3 1UF, England.
3. It is important that if you want to use this Website that you carefully read these Terms of Use since it is a written contract between you and Munchkin. Every time you use or access the Website you are agreeing to these Terms of Use and any additional terms governing such use or access that are brought to your attention. If you do not agree to all of the terms of the Terms of Use and the additional terms (if any), please do not use the Website.
WEBSITE OWNERSHIP AND CONTENT
1. The Website contains materials and other items about Munchkin’s products and services including, but not limited to, text, images, files, scripts, designs, photographs, videos, audio clips, graphics, button icons, pictures, advertising copy, URLs, technology, software, interactive features, and the overall arrangement or “look and feel” of such materials including copyrightable material, as well as trademarks, logos, and service marks that belong to either Munchkin, its licensors, licensees or other third parties (collectively, the “Content”).
2. The Website and the Content are owned or controlled by Munchkin or certain other third parties, and as such all right, title, interest in and to the Content and the Website is the property of Munchkin or certain other third parties and is protected by United States and International copyright, trademark, trade dress, patent or other intellectual property rights and laws to the fullest extent possible.
3. By using the Website, you will not obtain any ownership or intellectual property or other interest in the Website or any item or content on the Website (including the Content). In exchange for your agreement and strict compliance with these Terms of Use and any additional terms, Munchkin grants you a limited, non-exclusive, non-transferrable, non-assignable, revocable licence to access, display, view, and/or use the Content on the Website for your own personal, non-commercial use only. You agree that Munchkin may immediately and, without any notice to you, suspend or terminate the availability of the Website or its Content without any liability to you. You further agree that any unauthorised use of the Content or the Website for any purpose is strictly prohibited.
4. By using the Website and posting, uploading, publishing, distributing, or transmitting information such as pictures, reviews, messages, content, or personal information (collectively, “User Generated Content”) on the Website or other Munchkin sponsored forums, blogs, social networking sites, or other communities, you grant Munchkin a perpetual, unrestricted, unconditional, unlimited, irrevocable, worldwide, cost-free right and licence to use, copy, redistribute, re-sell, or transmit any portion of your User Generated Content.
5. You agree to waive, unconditionally and perpetually, any rights to such User Generated Content, except as prohibited by law. You must be 18 or over to upload, publish, distribute or transmit User Generated Content in the manner described above. In relation to the User Generated Content that you upload, publish, distribute or transmit in the manner described above, you agree that you are the sole author and owner of such content and that to the best of your knowledge such User Generated Content: (i) does not infringe the rights of any person or entity; (ii) would not cause any harm or distress to any person or entity; and (iii) does not violate any applicable law. For example, you should not upload, publish, distribute or transmit User Generated Content that includes pictures or videos of family or friends where you do not have their permission to do so. In addition, you give Munchkin the sole right to remove, alter, or change the User Generated Content without notice to you. You agree to respect the thoughts, opinions, and rights of others and you must ensure that your User Generated Content does not threaten, abuse, distress, or harm others, and does not include any negative, inflammatory or discriminatory comments, including those that are connected to race, ethnicity, national origin, gender, sexual orientation, or physical or mental handicap. Your User Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit or have political implications or be used for commercial gain. Munchkin may suspend, terminate, limit, or remove your right to use the Website or participate in any User Generated Content at any time without notice.
CONSUMER SATISFACTION
1. It is very important to Munchkin that our consumers receive the highest quality consumer service. As such, if you have any questions, thoughts, ideas, or concerns, please feel free to contact us at: careline@munchkin.com.
PERMITTED ACTIVITIES
1. You should be aware that you may only use the Content on the Website in conjunction with the permitted activities described above and you cannot use the Website or its Content in any offline environment or on any other Website. You are not allowed to use the Website or its Content for any commercial, political, obscene, or inappropriate purpose.
MOBILE OR WIRELESS FEATURES
1. The Website may have certain features and/or services that are available to you via your mobile or wireless Internet Device. These features and services may include the ability to access the Website’s features and upload content to the Website, receive messages from the Website, and download applications to your mobile or wireless Internet Device (collectively, “Wireless Features”).
2. Standard messaging, data, and other fees may be charged by your telephone service or carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet Device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues. By using this Website, under these Terms of Use, you agree that for the Wireless Features for which you are registered, we can send you communications to your mobile or wireless Internet Device, unless you opt-out in accordance with our procedures. You also agree that we can collect information about your use of the Wireless Features.
GOVERNING LAW AND JURIDICTION
1. This Terms of Use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
1. Munchkin is providing the Website and its Content to you on an “as is” basis, without any warranty, promise or assurance of any kind and Munchkin’s liability to you is very limited (as further described below). The limitations of liability in these Terms of Use will apply to events or circumstances that were foreseeable and even if Munchkin was advised of or should have known of the possibility of the relevant losses or damages, and regardless of whether you bring an action in contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, acts of God, telecommunications failure, or destruction of the Website).
2. UNDER NO CIRCUMSTANCES WILL MUNCHKIN BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to your use of or inability to use the Website or the Content, or the performance of the Website.
3. We assume no responsibility for the content of websites linked on our Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of those websites. You must not frame our Website on any other website and you must not link to any part of our Website, in each case without our prior written consent and after entering into such agreement as we may require.
4. Nothing in these Terms of Use is intended to limit or exclude Munchkin's liability for: (i) fraud or fraudulent misrepresentation; (ii) death or personal injury arising from its negligence; or (iii) any other liability that cannot be limited or excluded by English law.
GENERAL PROVISIONS
1. Updates to Terms of Use. Munchkin reserves the exclusive right to modify these Terms of Use and any additional terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Website so that they are accessible via a link on the Website, and that your use of the Website after we post the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. You also agree that you will review these Terms of Use and any additional terms on a regular and frequent basis and that the Updated Terms will be effective as of the time that Munchkin posts them on the Website, or such later date as may be specified in them.
2. Indemnity. You agree to defend, indemnify, and hold Munchkin and its subsidiaries, officers, directors, employees, shareholders, and affiliates harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including legal fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Munchkin party, or on account of the investigation, defence, or settlement thereof, arising out of or in connection with: (i) your User Generated Content; (ii) your use of the Website and your activities in connection with the Website; (iii) your breach or anticipatory breach of these Terms of Use or any additional terms; (iv) your violation or anticipatory violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities in connection with your use of the Website; (v) information or material transmitted through your Internet Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; (vii) Munchkin’s use of the information that you submit to us (including your User Generated Content) (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by Munchkin in the defence of any Claim and Losses. Notwithstanding the foregoing, Munchkin retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. Munchkin further reserves the right to assume the exclusive defence and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of Munchkin.
3. Severability; Interpretation. If any provision of these Terms of Use, or any additional terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or tribunal of competent jurisdiction, then that provision will be deemed severable from these Terms of Use or the additional terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms of Use or the additional terms (which will remain in full force and effect).
4. No Fiduciary Relationship. Except as set forth in the Privacy Policy that applies to the Website, you and Munchkin do not have a confidential, fiduciary, or any other special relationship by virtue of your use of the Website or your communications to Munchkin through or related to the Website or your User Generated Content.
5. Communications. When you communicate with us electronically, such as via e-mail and text message, you consent to receive communications from us electronically through that same method.
6. Assignment. Munchkin reserves the right to assign its rights and obligations under these Terms of Use and any additional terms, in whole or in part, to any party at any time without any notice. These Terms of Use and any additional terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Munchkin.
7. No Waiver. Except as expressly set forth in these Terms of Use or any additional terms, (i) no failure or delay by you or Munchkin in exercising any of rights, powers, or remedies under these Terms of Use will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver of any term of these Terms of Use or any additional terms will be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
8. Data Protection. We take privacy very seriously and we hold and process your personal data in accordance with our ‘Privacy Policy’.

Last updated: 8 November 2021
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