Terms and Conditions 

Terms and Conditions of Use of MOTHER OF NUG LIMITED

 
LAST UPDATED ON AUGUST 24TH, 2020 

NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of our products.

These are the terms and conditions governing the use of this website (www.motherofnug.co.uk) and the agreement that operates between us and you (hereinafter, "the Terms"). These Terms set out the rights and obligations of all users (hereinafter, "You" and "your") and those of MOTHER OF NUG LIMITED (hereinafter, "us" and "our" and "we" and "the Vendor") in relation to the goods and services offered by us through this website (hereinafter, collectively known as the "MON – Mother of Nug Services"). Before You click on the "Authorize Payment" button to place the order, please carefully read these Terms & Conditions (hereinafter, “the Terms”) and our Privacy Policy. By using this website or placing an order through it, You are consenting to be bound by these Terms and our Privacy Statement. If you do not agree with any of our Terms, please email us at support@motherofnug.co.uk and we will make reasonable efforts to remove your name, email and access to our platforms. 

These Terms may be subject to amendments, so You should carefully read them prior to placing any order. If You have any questions about the Terms or the Privacy Policy, You may access our website or contact us through our contact web form or email support@motherofnug.co.uk. Sale of items through this website is carried by Mother of Nug Limited, a British company, with registered offices at Kemp House, 160 City Road, London, United Kingdom, EC1V 2NX. 

These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Vendor. These Terms are important for both You and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business. You agree that, by placing your order, You unreservedly accept these Terms, having read them. You agree that:
1. You may only use the website to make legitimate enquiries or orders.
2. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
3. You also undertake to provide correct and accurate e-mail, postal and/or other contact details to us and acknowledge that we may use these details to contact You in the event that this should prove necessary (see our Privacy Policy).
4. If You do not give us all of the information that we need, we may not be able to complete your order. By placing an order through the website, you warrant that You are at least 18 years old and are legally capable of entering into binding contracts.

The items we offer on this website are available worldwide with certain time restrictions due to global pandemics and area: we will only deliver if we are legally able to safely do so as advised by local regional authorities.

The information set out in the Terms and the details contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between You and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded. To place an order, You will be required to follow the shopping process online and press the "Authorize payment" button to submit the order. After this, You will receive an e-mail from us acknowledging that we have received your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. 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 "Shipment Confirmation"). The contract for the purchase of a product between us (the “Contract”) will only be formed when we send You the Shipment Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound 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 Shipment Confirmation.

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give You information about substitute products of an equal or higher quality and value which You can order. If You do not wish to order such substitute products, we will refund any monies that You might have paid.

We reserve the right to withdraw any Product from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent You an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to You or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent You the Order Confirmation.

You may cancel a Contract without giving any reason at any time within 30 days, as of the confirmation of the dispatch of your order. In this case, You shall receive a full refund of the price paid for the products in accordance with our Returns Policy (see below Clause 14). Your right to cancel a Contract only applies to products that are returned in the same condition as You received them. You should also include all of the products instructions, documents and wrappings, where possible in the original boxes. Any product which is damaged or not in the same condition as You received it or which is worn simply beyond opening the product will not be refunded. You should therefore take reasonable care of the product(s) while they are in your possession. You will not have any right to cancel a Contract for the supply of any of the following products: whose original wrapping has been removed. Further details of this contractual right and an explanation on how to exercise it are set out in clause 15 of these Terms or on our Return Refund policy you will find here. This provision does not affect your statutory rights

Subject to the provisions of Clause 5 above, and unless there are any exceptional circumstances, we will endeavour to fulfil your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation or, if no estimated delivery date is specified, within 15 working days of the date of the Shipment Confirmation. Reasons for delay could include:
1. Customization of products;
2. Specialized items;
3. Unforeseen circumstances (incl. pandemic restrictions/delays);
4. OR Delivery area;
If for some reason we are unable to deliver on this date, we will inform you of this situation and give you the option to continue with the purchase with a new delivery date or alternatively cancelling the order and reimbursing you with the full amount paid. Please remember that we do not deliver on Saturdays or Sundays. For the purposes of these Conditions, the "delivery" shall be deemed to have taken place or that the order has been delivered at the time that receipt of the order is signed for at the agreed delivery address.

* returns will only be processed once returned ordered goods have been received to the designated address. For any issue please email us at support@motherofnug.co.uk

For UK orders: If You are not going to be at the delivery location at the time agreed, please contact us to rearrange delivery for another mutually convenient day. This clause shall not apply to International deliveries (outside the UK) for which the delivery shall be governed by the Delivery conditions and the above clause 8;

 

The Products will be at your risk from the time of delivery. 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, or upon delivery (as defined in clause 8 above), should this be later.

The functionality of buying goods as a guest is also available on the website. Under this type of purchase, only such data which are essential to process your order will be requested from you. Upon completion of the purchase process, you will be offered the possibility of registering as a user or continue as a non-registered user.

The express checkout feature (hereafter "Express Checkout") makes it easier for you to make purchases on this website as you do not have to enter shipping, billing and payment information for each purchase. Express Checkout is available in the View Basket section. To use Express Checkout you will have to save your card information. You may do so when making a payment with any of the cards accepted by this website by clicking the "Save my card information" option. This will result in the following card information being saved: card number, card holder name exactly as it appears on the card and card expiry date. To save your card information and use Express Checkout, you will have to accept the applicable Privacy Policy and Conditions. By agreeing to use Express Checkout, you authorise that purchases paid though the tool be charged to the respective card linked to the tool. Card usage shall be governed by the written terms between you and the card issuer in all cases. You may save card information in Express Checkout for as many cards as you like, to do so must make at least one payment with each of them. If you wish to save card information for more than one card, the card whose information was saved most recently will be considered your "Favourite Card", and will be charged for Express Checkout purchases by default. However, you may change your Favourite Card in the 'My Account' section of this webSITE. To use Express Checkout, you only have to click on the "Express Checkout" button that appears in the Shopping Basket. A screen will immediately appear with the shipping, billing and payment information for your purchase. The information available on this screen cannot be edited, so if there is incorrect information, it does not complete the purchase. To make purchases using different details, please do not use the Express Checkout service. You may change your Favourite Card linked to Express Checkout in the My Account section of this webpage. The provisions of this clause shall not apply if you buy goods as a guest.

Our liability in connection with any product purchased through our web site is strictly limited to the purchase price of that product. Nothing in these Terms shall exclude or limit in any way our liability:
• For death or personal injury caused by our negligence;
• For fraud or fraudulent misrepresentation; or
• For any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.
Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by error (including negligence), breach of contract or otherwise, even if foreseeable, including (without limitation) for any:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data; and
• waste of management or office time.
Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website. All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorized by us or our licensors. This does not prevent You using this website to the extent necessary to make a copy of any order or Contract details

When using our site, You accept that communication with us will be mainly electronic. We will contact You by e-mail or provide You with information by posting notices on our website. For contractual purposes, You agree to this electronic means of communication and You acknowledge that all contracts, notices, information and other communications that we provide to You electronically, comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

All notices given by You to us should be given to us preferably via our email support@motherofnug.co.uk . Subject to and as otherwise specified in clause 17 above, we may give notice to You at the e-mail You provide to us when placing an order. Notice will be deemed received and properly served as soon as possible. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

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. 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. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to You, whether express or implied.

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"). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:
1. Strikes, lockouts or other industrial action.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic/pandemic or other natural disaster.
4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
5. Impossibility of the use of public or private telecommunications networks.
6. The acts, decrees, legislation, regulations or restrictions of any government.
7. Any shipping, postal or other relevant transport strike, failure or accidents.
8. 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.

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. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing in accordance with the provisions of the paragraph on Notices above.

We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links. 

If any of these Terms 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. 

These Terms and any document expressly referred to in them represent the entire agreement between You and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between You and us, whether oral or in writing. Both You and us acknowledge that, in entering into this Contract, neither You nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between You and us prior to such Contract except as expressly stated in these Terms. Neither You nor 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 the Contract as provided in these Terms. 

We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that You order products from us, unless any change to those policies, Terms or Privacy Statement is required to be made by law or governmental authority, in which case it will apply to orders previously placed by You.

The use of our website and the contracts for the purchase of product/s through such website will be governed by United Kingdom law. Any dispute arising from or related to the use of the website or to such Contracts shall be subject to the non-exclusive jurisdiction of the United Kingdom courts. If you are contracting as a consumer, nothing in this clause will affect your statutory rights as such. 

We welcome your comments and feedback. Please send all feedback and comments to us via email support@motherofnug.co.uk  

Our aim is that every customer loves their Mother of Nug products, and our goal is that they are satisfied with the outcome of their Mother of Nug shopping experience. For thEse reasons, we handle all issues on a case by case basis. We are a company that works every day to support mothers and families, as well as the little NUGGETS using our products, so it is always our intention to resolve any customer issue respectfully, honestly and reasonably. Mother of Nug was founded on the idea of creating a supportive and encouraging community where courtesy, grace and acceptance are extended to ALL. We BELIEVE that establishing A BOND with our customers based on these principles is the most beneficial way to fairly come to a resolution for all parties.

I. Returns in the exercise of the right of withdrawal:
 If You wish to cancel the Contract within the period specified in Clause 7 above, You can make a return by contacting us at support@motherofnug.co.uk and we will be doing our best to help you. You should send the product in the same package received by following the directions on the "RETURNS" section of our website. You will be responsible for the cost of returning the product to us. Please note that if You return the goods to us at our expense, we will be entitled to charge You for the direct cost we might incur as a result. In this case, you shall return the product together with the Order Confirmation attached to the Shipment Confirmation. If You have any doubts You can contact us by email at support@motherofnug.co.uk.

II. You may return any item by dropping it off at your local Post Office:
In order to do this, you should contact us by email at support@motherofnug.co.uk and we will be getting back to you with all the instructions needed. You should send the item in the same package as it was received, and follow the directions on the "RETURNS" section of this website. Please use or include with the product being returned all original boxes, instructions, documents and wrappings. After reviewing the product, we will let you know whether or not you have a right to a refund. We will process your refund as soon as possible and, in any case, within 30 days of giving us notice of cancellation. We will refund any money received from You using the same method used to make payment. Such products which are not in the same conditions as those of delivery or which have been used beyond the mere opening shall not be exchanged or refunded. Exchange is limited to exchange for the same product or of a different colour. 

III. Returns of defective products:
In circumstances where You consider that the product does not conform to the Contract at the time of delivery, You should promptly contact us via email at support@motherofnug.co.uk with details of the product and its damage. We are entitled to ask for proof of purchase, which could be a copy of the Order Confirmation attached to the Shipping Confirmation. Upon receipt of the returned product, we will fully examine it and notify You of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. We aim to process the refund or replacement as soon as possible and, in any case, within 30 days of the day we confirmed to You via e-mail that You are entitled to a refund or replacement for the non-conforming product. In case of existence of any defect, defective products will be refunded in full, including a refund of the delivery charges and any reasonable costs incurred by You in returning the item. We will always refund any money using the method used to make payment. This provision does not affect your statutory rights under the regulations in force.

I. General - The price of the products shall be the one quoted from time to time on our website, except where there is an apparent error. Whilst we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) You have ordered, we will inform You as soon as possible and give You the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact You, the order will be treated as cancelled and if You have already paid for the product(s) You will receive a full refund. We are under no obligation to sell the product(s) to You at the incorrect (lower) price (even after we have sent You a Shipment Confirmation) if the pricing error is obvious and unmistakable and could have reasonably been recognized by You as such. The prices displayed on our website include VAT and free delivery for the United Kingdom but exclude delivery costs for Europe and rest of the world, which will be added to the total amount due as set out in our website. Prices may change at any time but (except as provided above) any potential change will not affect any order regarding which a Shipment Confirmation has been sent. Once You have finished shopping, all the items You wish to purchase are added to your basket. Your next step will be to go through the checkout process
 and make payment. To do this:
1. Click the "View bundle contents" button at the top of the page.
2. Click the "Add PRODUCT" OR "ADD bundle to cart” button.
3. Click the "Check out" button.
4. Fill in or check your contact details, the details of your order, the delivery address and the billing address and click the “continue to payment” button.
5. Enter the details of your card.
6. Click the "Authorize payment" button. You can pay using Visa, Mastercard, American Express and PayPal.
To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your order, we will request preauthorisation on your card to ensure there are sufficient funds available to complete the transaction. The charge to your selected card will be made the moment we confirm the order. If you click on "Authorise Payment" You are confirming that the card belongs to you or that you are the legitimate holder of the card. Cards are subject to validation checks and authorization by your Card issuer. If we do not receive the required authorization, we will not be liable for any delay or non-delivery and we will not be able to form any Contract with You.

II. Throughout the purchase process, before payment, you can modify the details of your order. You must choose your payment method. Please note that a binding order is placed at the time that you press the relevant "Authorise Payment" button on the device screen, and you are required to pay for your order once it has been placed. Payment can be made by the cards listed on the bottom page of your cart, and the above provisions regarding validation checks and authorisation of your card will apply.

1. INTRODUCTION

2. USE OF OUR WEBSITE 

3. SERVICE AVAILABILITY

4. HOW THE CONTRACT IS FORMED 

5. AVAILABILITY OF PRODUCTS 

6. REFUSAL OF ORDER  

7. YOUR RIGHT OF WITHDRAWAL  

8. DELIVERY  

9. UNABLE TO DELIVER  

10. RISK AND TITLE  

11. PRICE AND PAYMENT   

12. BUYING AS A GUEST   

13. EXPRESS CHECKOUT    

14. EXCHANGES/RETURNS POLICY    

15. LIABILITY AND DISCLAIMERS     

16. INTELLECTUALPROPERTY     

17. WRITTEN COMMUNICATIONS      

18. NOTICES       

19. TRANSFER OF RIGHTS AND OBLIGATIONS        

20. EVENTS OUTSIDE OUR CONTROL        

21. WAIVER         

22. LINKS FROM OUR WEBSITE          

23. SEVERABILITY          

24. ENTIRE AGREEMENT          

25. OUR RIGHT TO VARY THESE TERMS          

26. LAW AND JURISDICTION         

27. FEEDBACK         

A Note to Our Customers

PLEASE NOTE: The MON - Mother of Nug products are intended for baby/infant/toddler use only under constant supervision by a responsible adult. Any parties using MON - Mother of Nug products as a swaddle or a blanket should be aware of the risks of overheating or suffocation hence all parties should take all due care of infants/new-borns/toddlers using MON-Mother of Nug products as blanket or swaddle and take all precautions and monitor frequently to ensure no injury or fatalities from misuse of products.    

 
LAST UPDATED ON AUGUST 24TH, 2020