Terms and conditions DESCLAIMER PAGE Payments via paypal or Google check out are made to Mother Wear Clothing Limited Mother Wear Clothing Ltd,3 Tulip walk,Colchester,Essex,CO43RN The Company makes no warranty or representation that the use of this web site will be uninterrupted or error free or that this site or the server that makes it available are free of viruses or bugs. This site and all information, names, images, logos and icons are provided on an "as is" basis without any representation or endorsement made and without any warranty or condition of any kind given, whether express or implied, including, but not limited to, any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, compatibility, accuracy, currency or non-infringement of any intellectual property right. The Company assumes no responsibility or liability for any information or material published on this web site and further disclaims all liability in respect of such information. In particular, the Company hereby excludes all liability for any claims, losses, demands or damages whatsoever in relation to any information, content, advertisements, procedures, products or methods contained in or referred to in the material published on the site. No exclusion is made however in respect of death or personal injury arising from the Company's negligence. TERMS AND CONDITIONS These terms and conditions ("Terms") apply to the sale and supply of goods (the "Goods") by Mother Wear Clothing Products Partnership ("the Seller") to you. The Seller recommends that you print out a copy of the Terms for your records. The Seller can be contacted at MOTHER WEAR CLOTHING.CO.UK 3 TULIPWALK,COLCHESTER,ESSEX,CO4 3RN SALES@MOTHERWEARCLOTHING.COM PLEASE READ THE TERMS AND CONDITIONS ON THIS WEB PAGE CAREFULLY. When you have read the Terms you will be asked to tick the box on the Registration form to indicate that you have read, understood and agree with the Terms set out below. If you do not accept the Terms you will be able to visit our public web pages but you will not be able to purchase any Goods. If you tick the box on the Registration form, your order will be processed. If you fully complete the Registration Form and tick the box on the order form WHEN WE REPLY TO YOU VIA E-MAIL THAT WE ACCEPT YOU AS A CUSTOMER, YOUR CONTRACT WITH THE SELLER FOR THE SALE OF GOODS TO YOU ON THESE TERMS WILL BE CONCLUDED. YOU REAFFIRM YOUR ACCEPTANCE OF THE TERMS EVERYTIME YOU ENTER THE WEB SITE. 1. Definitions In these Terms the following words and expressions have the following meanings "Invoice" means the invoice to be provided by the Seller to you and which will set out a description of the Goods to be delivered to you, the quantity, the quality and the costs including but not limited to administration charges and delivery costs paid by you for the Goods; "Registration Form" means the application form you must complete to become a registered user of the Service; "you" and "your" means you, the person entering into this contract with the Seller; and "Web Site" means the internet (global data network) site belonging to the Seller, which can be found at .WWW.MOTHERWEARCLOTHING.CO.UK General 1. Any changes to these Terms must be agreed in writing by the Seller. These Terms may be amended from time to time and the Seller will inform you when they change. They may also be extended to include other conditions applicable to specific goods or services offered by the Seller from time to time. 2. The Seller reserves the right in its absolute discretion at any time and without notice to remove, amend or vary the content, which appears on any page of the Web Site. 1. The Goods 2. The Seller will sell and you will purchase the Goods on these Terms. 3. The Seller reserves the right to make changes in the specification of the Goods which are required to conform with any applicable statutory or EC requirements, or where the Goods are to be supplied to the Seller's specifications, which do not materially affect their quality or performance. Your Order 1. You will be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving any necessary information relating to the Goods within a sufficient time to enable the Seller to perform the contract in accordance with the Terms 2. Your Personal Information 3. The Seller will respect your personal information and undertakes to comply with all applicable UK data protection legislation currently in force, both in respect of the personal information supplied by you and in respect of any such personal information, which we may process. 4. You agree that: 1. The Seller may use your personal information for administration and marketing; 2. The Seller may contact you by mail, telephone, e-mail or fax from time to time about goods and services which may be of interest to you; and 3. As the Seller may search the files of credit reference agencies who may record the search, the Seller or the credit reference agencies may share information about the way in which you conduct your account with other lenders for credit granting purposes, for fraud prevention and occasionally for tracing account holders. 5. You have the right to apply for a copy of your information (which may be subject to payment of a small fee) and to have any inaccuracies corrected. Price of the Goods 1. The price of the Goods will be the Seller's quoted price or, where no price has been quoted (or a price is no longer valid), the price listed in the Seller's price list current at the date of acceptance of the order. 2. The Seller reserves the right, by giving notice to you at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller (such as, without limitation, any foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, material or other costs of manufacture) any change in delivery dates, quantities or specification of the Goods which is requested by you, or any delay caused by any instructions of you or failure of you to give the Seller adequate information or instructions. 3. You are required to provide credit card details when placing an order as the Seller is entitled to payment for the Goods before commencing delivery of the Goods. If you fail to make payment for the Goods the Seller will be entitled to cancel the contract or suspend delivery of the Goods to you until payment is made in full. Delivery 1. Delivery of the Goods will be made by the Seller delivering the Goods to the place of delivery notified by you to the Seller. 2. Any dates quoted for delivery of the Goods are approximate only and the Seller will not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the contract. The Goods may be delivered by the Seller in advance of the quoted delivery date. 3. If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller's reasonable control or your fault, and the Seller is accordingly liable to you, the Seller's liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods. 4. If you fail to take delivery of the Goods or fail to give the Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond your reasonable control or by reason of the Seller's fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may: 1. store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage; or 2. sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract. 5. Risk and Property 6. Risk of damage to or loss of the Goods will pass to you at the time when the Seller has tendered delivery of the Goods. 7. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of the Terms, the property in the Goods will not pass to you until the Seller has received cleared funds payment in full of the price of the Goods. 8. Warranties and Liability 9. Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery. Where the Seller sells Goods supplied by a Third Party, the Seller does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but will, where possible assign to you the benefit of any warranty, guarantee or indemnity given by the third party supplying the Goods to the Seller. 10. The above warranty is given by the Seller subject to the fact that the Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller's instructions or a third party's instructions (where the Goods have been supplied by a third party to the Seller) (whether oral or in writing) misuse or alteration or repair of the Goods without the Seller's approval; 11. Subject as expressly provided in these Terms and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act, 1977) all warranties, conditions or other Terms implied by statute or common law are excluded to the fullest extent permitted by law. 12. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions or Statements) Order 1976) your statutory rights are not affected by these Terms. 13. Any claim by you which is based on any defect in the quality or condition of the Goods or the failure of the Goods to correspond with the specification shall (whether or not delivery is refused by you) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and you do not notify the Seller accordingly, you will not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure and you will not be entitled to a refund of the price as if the Goods had not been delivered in accordance with the contract. 14. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these terms, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller's sole discretion, refund to you the price of the Goods (or a proportionate part of the Goods), but the Seller shall have no further liability to you. 15. Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use by you, and the entire liability under or in connection with the contract shall not exceed the price of the Goods paid by you for the Goods supplied, except as expressly provided in these terms. 16. The Seller shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control: 1. Act of God, explosion, flood, tempest, fire or accident; 2. war or threat of war, sabotage, insurrection, civil disturbance or requisition; 3. acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority; 4. import or export regulations or embargoes; 5. strikes, lock-outs or other industrial actions or trade dispu SWIM WEAR FAQ Mother Wear Clothing a 100% guarantee that if you are in any way dissatisfied with the swimwear or beach accessories you have ordered or need a different size, we will exchange them or give you a Refund , provided that they are returned to us in the original condition and packaging, unworn and unwashed, with all labels intact within 14 days of date of purchase. If you are returning items please fold the items carefully and make sure they are properly packaged . Please note the refund will not include delivery costs. Our returns period is from when you order the goods and any returned items must be received by us within this time. 1. Please return a copy of the order invoice accompanying your order indicating which items you are returning and stating whether you would like an exchange (different size or different product) or refund. Please also indicate the reason for the return or replacement. If you are unable to enclose a copy of the invoice, please note your order number, name & address on the package. 2. Take your parcel to your nearest Post Office. Please obtain a Proof of Posting Certificate (available free from the Post Office) for all returns, so that we can complete your request in the event of items being lost in transit. You should keep this Certificate until you have received your refund or replacement. 3. Refunds will be credited back to the card used to pay for the original order. You will receive notification of the refund via e-mail as soon as we have processed your refund via world pay 4. Exchanges are processed and despatched as soon as possible and are free of charge. If your exchange is urgent, please contact us by email or telephone so that we can check size availability and hold the required item(s) for you. You can also choose to send your return by first class or overnight post (please make sure you have added sufficient postage to the package) and request first class or overnight despatch for which a charge of £4 or £7.50 will be made. * If you only want to exchange a bikini top or pant then keep the item that fits and just return the single item to us for exchange. * If you have requested a replacement item of a lower value than the returned goods, we will credit the difference to the card used to pay for the original order. We will let you know as soon as the refund has been processed. * If you have requested replacement items of a higher value, we will contact you to take card information for the additional balance. Returns from EU, US or Canada Returns should be sent to us within 14 days of purchase to the following address: Returns Department, Mother wear clothing .co 3 Tulip walk, Greenstead estate, Essex, CO4 3RN, UK. Returns are the responsibility of the customer until they are received by Swimhut.com, we recommend that returns are sent using a trackable delivery service. Return of Faulty Goods If you believe the goods we have supplied to you are faulty, you should alert us by email to sales@motherwearclothing.co.uk at the earliest opportunity, explaining what you believe is the problem and stating the original order number. We will investigate the fault and contact you to agree the most appropriate resolution. Returns period In line with the EU Distance Selling Directive (April 2005 update) we provide all customers with a 7 day cooling-off period following receipt of goods and an unconditional right to cancel their order during this period. This does not affect your statutory rights. Out of stock items In the event that your ordered or exchanged item is out of stock we will contact you immediately to discuss alternative options. Further information If you would like further information on our returns policy please contact our Customer Services Team by e-mail at BABYBUFF205@YAHOO.COM