1. WHO ARE WE?

1.1 Thank you for your interest in the Night Night Pocket!

1.2 nightnightpocket.co.uk is owned and operated by Night Night Kids Limited, of 125 London Wall, London EC2Y 5AL (company number08367466)  (“Night Night Kids”).

1.3 To contact us, please email hello@nightnightpocket.co.uk.

1.4 Night Night Kids owns the UK registered trade mark “NIGHT NIGHT POCKET”.

1.5 Night Night Kids cannot be held responsible for the quality of product imitations not sold by us so please ensure that you are buying only authentic Night Night Kids products from a reputable supplier.

2. INTRODUCTION

2.1 This page (together with the documents expressly referred to on it) tells you information about us and the legal terms and conditions (“Terms“) on which we sell any of the products (“Products“) listed on our website (our “site“) to you.

2.2 These Terms will apply to any contract between us for the sale of Products to you (“Contract“). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site.  By ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

2.3 You should print a copy of these Terms or save them to your computer for future reference.

2.4 We amend these Terms from time to time as set out below. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

2.5 These Terms were most recently updated on 31 March 2015.  These Terms, and any Contract between us, are only in the English language.

3. OUR PRODUCTS, SAFETY AND RELIANCE ON INFORMATION

3.1 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.

3.2 Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our site have a small tolerance.

3.3 The packaging of the Products may vary from that shown on images on our site.

3.4 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order if made.

3.5 The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

3.6 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

3.7 This web site is provided “as is” and on an “as available” basis.  We give no warranty that the web site will be free of defects and/or faults.  To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.Night Night Kids  accepts no liability for any disruption or non-availability of the web site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

3.8 Safety:  The Night Night Pocket is not a toy.  Please keep the Night Night Pocket away from children under the age of three. The Night Night Pocket is suitable for use with children’s books and drink bottles.  Please do not place hot drinks or any other unsuitable items in the pocket, as this may cause injury, or damage to the product.

4. INTELLECTUAL PROPERTY RIGHTS AND USE OF THIS WEB SITE

4.1 Night Night Kids is the owner of the registered trade mark “NIGHT NIGHT POCKET” and the owner of the images and descriptions of the Products on our site.

4.2 Except as expressly stated elsewhere in these Terms, we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

4.3 All content included on this site, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Night Night Kids.  By continuing to use ourweb site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.

4.4 Acceptable Use of our site

4.4.1 You may use our site only for lawful purposes. You may not use our site to in any way that breaches any applicable local, national or international law or regulation including to:

(a) Send, knowingly receive, upload, download, use or re-use any material;

(b) Transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

(c) knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

4.4.2 You also agree to not reproduce, duplicate, copy or re-sell any part of our site except that you may print off one copy, and may download extracts, of any pages from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.  You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

4.4.3 You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

4.4.4 If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

4.4.5 We will determine, in our discretion, whether there has been a breach of this acceptable use policy and we may take such action as we deem appropriate.

4.4.6 We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.  We do not guarantee that our site, or any content on it, will be free from errors or omissions.

4.4.7 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.   You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.  You must not establish a link to our site in any website that is not owned by you.  Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.  We reserve the right to withdraw linking permission without notice.

4.4.8 Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

5. APPLICABLE LAW

5.1 If you are a consumer, please note that these terms of use, its subject matter and its formation, are 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 resident of Scotland, you may also bring proceedings in Scotland.

5.2 If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

6. IF YOU ARE A BUSINESS CUSTOMER

6.1 This clause only applies if you are a business.

6.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

7. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

7.1 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.  If there are any errors or changes please email us immediately. Please note that changes can not be made once your order is dispatched.

7.2 After you place an order, you will receive an e-mail from us acknowledging that we have received your order and has been accepted  (“Order Confirmation“).  The Contract between us will only be formed when we send you the Order Confirmation.

7.3 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

7.4 All order cancellations before Order Confirmation must be made by email to hello@nightnightpocket.co.uk.

7.5 If items are sold out or if there are any delays we will notify you as soon as possible.

8. OUR RIGHT TO VARY THESE TERMS

8.1 We may revise these Terms from time to time.

8.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

9. IF YOU ARE A CONSUMER

9.1 This clause only applies if you are a consumer.  You may only purchase Products from our site if you are at least 18 years old.

9.2 Provided that you return the Products within 14 calendar days after your receipt of them from us, Night Night Kids is happy to return/exchange if the Product(s) is as new, unused, unworn, unwashed, undamaged, unsoiled and in its original packaging and with tags attached. Additionally, as a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

9.3 You have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 during the period set out above in clause 7.2. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.However, this cancellation right does not apply in the case of:

(a) any made-to-measure or custom-made products or products made to your specification or clearly personalised; or

(b) any Products which have a security seal which you have opened or unsealed; or

(c) if the Products are used, worn, dirty, damaged, soiled or not in their original packaging with tags attached and that is our fault.

9.4 Your legal right to cancel a Contract starts from the date of the Order Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.

9.5  You will receive a full refund of the price you paid for the Products. We will process the refund due to you as soon as possible and, in any case, within 14 calendar days after the day on which you gave us notice of cancellation. If you returned the Products to us because they were faulty or misdescribed, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

9.6  We will refund you through Paypal either through the credit or debit card or Paypal account used by you to pay.

9.7 If the Products were delivered to you:

(a) You must return the Products to us as soon as reasonably practicable;

(b) Unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us;

(c) You have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

10. DELIVERY

10.1 Your order will be fulfilled by the estimated delivery date set out in the Order Confirmation (usually we will dispatch orders within two working days).  If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.

10.2 We use a range of UK carriers for delivery, including Royal Mail and Hermes.  We only deliver to addresses within the UK.

10.3 For the shipping of bulk orders or any other questions please contact Night Night Kids directly for a quote or with your query.

10.4 Delivery will be completed when we deliver the Products to the address you gave us.

10.5 The Products will be your responsibility from the completion of delivery.

10.6 You own the Products once we have received payment in full.

11. PRICE OF PRODUCTS AND DELIVERY CHARGES

11.1 The prices of the Products will be as quoted on our site from time to time. 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.

11.2 Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

11.3 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 will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.

11.4 The price of a Product includes delivery charges to addresses within the United Kingdom.

12. HOW TO PAY

12.1 You can pay using a credit or debit card or Paypal account.  All our website transactions are handled through our payment services provider, Paypal. You should only provide your personal information to Paypal after reviewing the Paypal privacy policy (available at www.paypal.com).  We will share information with Paypal only to the extent necessary for the purposes of processing payments you make via our web site. Night Night Kids does not store your financial or credit card details.

12.2 We will accept payment in British Pounds only.

12.3 Payment for the Products is in advance.

13. OUR WARRANTY FOR THE PRODUCTS

13.1 We provide a warranty that on delivery and for a period of 12 months from delivery, the Products shall be free from material defects. The warranty does not apply to any defect in the Products arising from:

(a) fair wear and tear;

(b) wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

(c) if you fail to use the Products in accordance with the user instructions;

(d) any alteration or repair by you or by a third party; or

(e) any specification provided by you.

13.2 If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

14. LIMITATION OF OUR LIABILITY

14.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

14.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

14.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, our site; or

(b) use of or reliance on any content displayed on our site.

14.4 If you are a business user, please note that in particular, we will not be liable for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(c) loss of anticipated savings;

(d) loss of business opportunity, goodwill or reputation; or

(e) any indirect or consequential loss or damage.

14.5 If you are a consumer user, we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.  We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.  We assume no responsibility for the content of websites linked on our site. 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 them.  We do not guarantee that our site will be secure or free from bugs or viruses and you are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

14.6 Our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Products supplied to you.

14.7 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

15. OTHER IMPORTANT TERMS

15.1 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.

15.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty to the recipient of the gift without needing to ask our consent.

15.3 This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.

15.4 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.

15.5 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.

16. PRIVACY POLICY

16.1 Your use of our site is governed by the following privacy policy and terms of website use.  Please take the time to read these, as they include important terms which apply to you.”Use” of our site includes accessing, browsing, or registering to use our site.  By using our site, you confirm that you accept these terms of use and that you agree to comply with them.  If you do not agree to these terms of use, you must not use our site.

16.2  Privacy Policy:

16.2.1 We are committed to protecting and respecting your privacy.  For the purpose of the Data Protection Act 1998 (the Act), the data controller is Night Night Kids Limited.  Our nominated representative for the purpose of the Act is Ms Jennifer Steele.

16.2.2  We may collect and process the following data about you: information you give us by filling in forms on our site or by corresponding with us by phone, e-mail or otherwise. This includes information you provide when you register to use our site, subscribe to our service, search for a product, place an order on our site, participate in discussion boards or other social media functions on our site, enter a competition, promotion or survey, and when you report a problem with our site. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information and personal description.

16.2.3 We use information held or collected about you in the following ways:

(a) to carry out our obligations arising from any contracts entered into between you and us and to provide you with the information, products and services that you request from us;

(b) to notify you about changes to our service; to ensure that content from our site is presented in the most effective manner for you and for your computer;

(c) to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; to improve our site to ensure that content is presented in the most effective manner for you and for your computer;

(d) to allow you to participate in interactive features of our service, when you choose to do so;

(e) as part of our efforts to keep our site safe and secure;

(f) internal record keeping;

(g) to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.

16.2.4 We may combine this information with information you give to us and information we collect about you. We may us this information and the combined information for the purposes set out above (depending on the types of information we receive).

16.2.5 Your Data will not be disclosed to third parties other than:

(a) if Night Night Kids or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets; and

(b) if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply these terms and other agreements; or to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

16.2.6 All information you provide to us is stored securely. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

16.2.7 We will not process your personal data for marketing purposes. The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a small fee to meet our costs in providing you with details of the information we hold about you.

16.2.8 Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Thank you for your interest in The Night Night Pocket and Night Night Kids.