Terms and Conditions of Sale
Updated 23 May 2018

  1. INFORMATION ABOUT US
    1. We operate the website www.munchkin.com. 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.
    2. If you wish to contact us, including because you have any complaints, you can contact us by telephoning our customer service team by e-mailing us at careline@munchkin.com / careline@lindam.com
  2. 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.
  3. USE OF OUR SITE
    1. Your use of our site is governed by our Website Terms of Use.
  4. HOW WE USE YOUR PERSONAL INFORMATION
    1. We will use your personal information in accordance with our Privacy Policy.
  5. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
    1. Our website 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 acknowledging that we have received your Order. However, please note that this does not mean that your Order has been accepted. Our acceptance of your Order will take place as described in clause 5.3.
    3. We will accept your Order by dispatching the Products you have ordered to you, at this point a contract between us will be formed
    4. All Products are subject to availability. If 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.
  6. 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.
  7. 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 7.3. 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, teats, feeding items, teethers and soothers for reasons of hygiene, if they become unsealed after delivery.
    3. You have 14 days from delivery of the Products to cancel your Contract with us.
    4. For information on how to cancel your contract please see our Returns Policy.
    5. If you cancel your Contract we will:
      • 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.
      • 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.
      • make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
        • if you have received the Product (or it has been dispatched to you) and we have not offered to collect it from you: 14 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.
        • 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: 14 days after you inform us of your decision to cancel the Contract.
    6. If you have returned the Products to us under this clause 7 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:
      • then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract.
      • 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 but 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 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
    10. Please complete the Customer Return Form.
  8. DELIVERY
    1. Please visit the Delivery Policy page of this website to view our terms and conditions relating to delivery.
    2. All Products are subject to availability. If 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.
    3. 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.
  9. NO INTERNATIONAL DELIVERY
    1. Unfortunately, we do not deliver to addresses outside the UK.
  10. PRICE OF PRODUCTS AND DELIVERY CHARGES
    1. The prices of the Products will be as quoted on our site at the time you submit your Order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
    2. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your Order and the date of delivery, we may adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
    3. The price of a Product does not include delivery charges. To check relevant delivery charges, please review our Delivery Policy.
    4. Notwithstanding the above we may update prices at any time. Despite our best efforts, a small number of the large number of products we sell may occasionally be mispriced. If this happens then we will not be obliged to supply the Products at the incorrect price or at all. We will (at our discretion) either cancel your Order and refund the price you have paid or endeavour to contact you and ask you whether you wish to continue with your Order at the correct price. If we are unable to contact you or you do not wish to continue with your Order at the correct price, we will cancel your Order and refund the price you have paid.
    5. From time to time we may apply promotional prices to Products. These promotional prices will only apply in the context in which the promotion is given and are subject to the terms of that promotion. To take advantage of promotional prices, you must quote the relevant promotion code when you order (where applicable). We may update promotions at any time.
  11. HOW TO PAY
    1. You can only pay for Products using a debit card or credit card. We accept the following cards: VISA, Mastercard, Delta, Solo and Switch.
    2. Payment for the Products and all applicable delivery charges is in advance. By clicking the ‘PAY NOW’ button you are committing to your Order and payment will be taken immediately from your credit or debit card. Once your details have been approved, your Order will be processed and you will receive email confirmation for your Order. This is only a confirmation and not acceptance.
  12. WARRANTY
    1. Please review our Returns Policy on this website for details of our product warranties.
  13. 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.
      • death or personal injury caused by our negligence;
      • fraud or fraudulent misrepresentation;
      • any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
      • any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples);
      • defective products under the Consumer Protection Act 1987; and
      • any other liability which cannot be excluded or limited under English law.
  14. 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 14.2.
    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, 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:
      • we will contact you as soon as reasonably possible to notify you; and
      • 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.
  15. COMMUNICATIONS BETWEEN US
    1. Our use of your personal data is subject to your instructions, the EU General Data Protection Regulation (GDPR) and other relevant UK and EU legislation.
    2. We are a data controller for the purpose of the GDPR and other relevant data protection legislation. We take privacy very seriously and we hold personal data in accordance with our privacy policy which can be found here.
  16. DATA PROTECTION
    1. When we refer, in these Terms, to "in writing", this will include e-mail.
    2. You may contact us as described in clause 1.
  17. 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 paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs 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 to that the courts of England and Wales will have non-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.

MUNCHKIN, INC.’s FULL TERMS AND CONDITIONS OF WEB SITE USE
Effective Date: 23 May 2018

The Web Site (defined below) 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 and Conditions of Web Site Use" (this "User Agreement") govern your use of the Web Site, regardless of how you access or use it; the purchase of products via this Web Site is governed by our Terms and Conditions of Sale. Each time you use the Web Site, this User Agreement applies to your use. Munchkin is not responsible for notifying you of changes to the Web Site and you should check the Web Site frequently to be aware of these changes. By "Web Site," we mean the web site located at the Internet domain address within which this User Agreement is posted and all features, applications, content, and downloads that are operated by us and that are available through or interact with it, and/or post links to this User Agreement.

The Web Site is operated in the United Kingdom by Lindam Limited. Lindam Limited is a limited company registered in England and Wales under company number 2256862 and its registered office is at Unit 760 Thorp Arch Trading Estate, Thorp Arch, Wetherby, West Yorkshire LS23 7FW, United Kingdom. Lindam Limited's VAT number is 481969395.

It is important that if you want to use this Web Site that you carefully read this User Agreement since it is a written contract between you and Munchkin. Every time you use or access the Web Site you are agreeing to the terms and conditions in this User Agreement 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 this User Agreement and the additional terms (if any), please do not use this Web Site.

  1. Web Site Ownership and Content The Web Site 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”). The Web Site 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 Web Site 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. Munchkin (or certain other third parties) is the owner of the copyright and all other intellectual property rights in the Content on the Web Site. By using the Web Site, you will not obtain any ownership or intellectual property or other interest in the Web Site or any item or content on the Web Site (including the Content). In exchange for your agreement and strict compliance with the User Agreement 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 Web Site 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 Web Site or its Content without any liability to you. You further agree that any unauthorized use of the Content or the Web Site for any purpose is strictly prohibited.
  2. Ownership of Content You Submit By using the Web Site and posting, uploading, publishing, distributing, or transmitting information such as pictures, reviews, messages, content, or personal information (collectively, “User Generated Content”) on the Web Site 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. 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 and exclusive 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 Web Site or participate in any User Generated Content at any time without notice.
  3. Consumer Satisfaction 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
  4. Permitted Activities You should be aware that you may only use the Content on the Web Site in conjunction with the permitted activities described above and you cannot use the Web Site or its Content in any offline environment or on any other Web Site. You are not allowed to use the Web Site or its Content for any commercial, political, obscene, or inappropriate purpose.
  5. Mobile or Wireless Features Munchkin’s Web Site 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 Web Site’s features and upload content to the Web Site, receive messages from the Web Site, and download applications to your mobile or wireless Internet Device (collectively, “Wireless Features”). 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 Web Site, under this User Agreement, 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.
  6. Governing Law and JurisdictionThis User Agreement, 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.
  7. Disclaimer of Representations and Warranties Munchkin is providing the Web Site 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 this User Agreement 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 Web Site).
  8. 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 Web Site or the Content, or the performance of the Web Site.

    We assume no responsibility for the content of web sites linked on our Web Site. Such links should not be interpreted as endorsement by us of those linked web sites. We will not be liable for any loss or damage that may arise from your use of those web sites. You must not frame our Web Site on any other web site and you must not link to any part of our Web Site, in each case without our prior written consent and after entering into such agreement as we may require.

    Nothing in this User Agreement 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.

  9. General Provisions
    1. Updates to User Agreement. Munchkin reserves the sole and exclusive right to modify this User Agreement 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 Web Site so that they are accessible via a link on the Web Site, and that your use of the Web Site 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 this User Agreement 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 Web Site, 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 attorneys’ 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, defense, or settlement thereof, arising out of or in connection with: (i) your User Generated Content; (ii) your use of the Web Site and your activities in connection with the Web Site; (iii) your breach or anticipatory breach of this User Agreement 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 Web Site; (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); (viii) your purported “ownership” of any usage subscriptions or virtual items; and (ix) the increase or decrease in “value” or loss of usage subscriptions or virtual items if Munchkin deletes, terminates, or modifies them (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 sole and 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 this User Agreement, 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 this User Agreement or the additional terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of this User Agreement 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 Web Site, you and Munchkin do not have a confidential, fiduciary, or any other special relationship by virtue of your use of the Web Site or your communications to Munchkin through or related to the Web Site 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 sole and exclusive right to assign its rights and obligations under this User Agreement and any additional terms, in whole or in part, to any party at any time without any notice. This User Agreement 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 this User Agreement or any additional terms, (i) no failure or delay by you or Munchkin in exercising any of rights, powers, or remedies under this User Agreement will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver of any term of this User Agreement 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. Our use of your personal data is subject to your instructions, the EU General Data Protection (GDPR) and other relevant UK and EU legislation.
    9. We are a data controller for the purpose of the GDPR and other relevant data protection legislation. We take privacy very seriously and we hold personal data in accordance with our privacy policy which can be found here.

Last updated: 24 May 208
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Product design is TM & ©2018 Munchkin, Inc. Munchkin, Big Kid, Bobble Bee, Brica, built-in blanket, Caterpillar Spillers, the Click Lock logo, Cool Touch, Cool Wrap, Everyplace, Fun Ice, It’s the little things, Jelly Bean, Light My Way, Lulla-Vibe, Loft, Making together better, mbaby, Medicator, Mighty Grip, Mozart Magic, Nursery Fresh, Onester, Safe Step, Sara Bear, Sleepster, Snack Catcher, Sprout, Steam Guard, Swaddle Angel, Tankster, Teether Babies, TripGuard, Twist Tight, Twisty, White Hot, and XTRAGUARD are trademarks or registered trademarks of Munchkin, Inc. 7835 Gloria Avenue, Van Nuys, CA 91406. Playtex, Diaper Genie and Diaper Genie II Elite are registered trademarks of Playtex Products, LLC, which is not affiliated with Munchkin, Inc. Nursery Fresh™ is not manufactured under the authorization of Playtex Products, LLC.