Terms and Conditions
1. INFORMATION ABOUT US
All rights, including copyright, in this website are owned by or licensed to Stampede4kids. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Stampede4kids. You may not modify, distribute or re-post anything on this website for any purpose.
1.1 Registered Address Stampede Lytham, 51 Clifton Street, Lytham St Annes, Lancashire, FY8 5ER, UK.
1.2 VAT No is 792928475.
2. SERVICE AVAILABILITY
Our site is available to the UK Europe America and most other countries.
3. YOUR STATUS
By placing an order through our site, you warrant that:
(a) You are legally capable of entering into binding contracts;
(b) You are at least 18 years old;
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
We reserve the right to make any changes in the specification of the products which are required to conform to any applicable statutory or EC requirements or, which do not materially affect their quality or performance.
5. CANCELLATION RIGHTS
5.1 If you are contracting as a consumer, you may cancel a Contract at any time within 7 working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below).
5.2 To cancel a Contract, you must inform us by email or phone (see the Contact Us page) You must also return the Product(s) to us immediately but definitely within 14 days of receipt.
If you cancel your contract but we have processed the goods for delivery you must not unpack the goods and you must send the goods back to us at our returns address at your own cost and risk.
If you receive the goods before you cancel your contract you must send the goods back to our returns address at your own cost and risk
You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
5.3 Once you have notified us that you are cancelling your contract, any sum debited to us from your credit card will be re- credited to your account as soon as possible and in any event within 30days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were delivered to you in. If you do not return the goods delivered to you or do not pay the costs of delivery, we will be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
6. AVAILABILITY AND DELIVERY
6.1 Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within a reasonable time of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
6.2 We may deliver the Products by separate installments. Each separate installment shall be invoiced and paid for in accordance with the provisions of the Contract. Each installment shall be a separate contract.
6.3 If the products you order become unavailable or are out of stock, we will inform you of this as soon as reasonably possible and advise you of your right to a refund.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 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 and we have accepted your order.
8. PRICE AND PAYMENT
8.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
8.2 These prices exclude delivery costs, which will be added to the total amount due.
8.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognised by you as a miss-pricing. E and EO Excepted.
8.6 We reserve the right to make necessary amendments to delivery charges. Should any amendments effect an order placed then every effort will be made to contact you to advise you of this amendment. At this point if you would like to cancel your order a full refund will be given cancelling your order with Stampede4kids
8.7 Payment for all Products must be by credit or debit card. We accept payment with Visa Debit, Visa Credit, Visa Electron, MasterCard, Maestro, Solo Card. We operate an address verification system (AVS) for your security. We will charge your credit or debit card when you place an order with us but before we have accepted the order. If your order is rejected a refund will be issued.
8.8 Discount Codes
The conditions relating to any discount code will be specified at the time of issue.Limited time will mean one day unless stipulated.
Unless specified discount codes are related to full price product only
8.9 Payment Authorisation
We accept all major credit/debit cards for payment as well as PayPal. If your credit/debit card is rejected by our online payment processing systems, please double-check that all the details you entered on the website were correct. Your name and address details must match the cardholder address details held by your card issuer. If the problem persists, please contact your credit/debit card provider.
If the payment is not authorised by your bank or card issuer then the order will not be complete and we will not be able to fulfill the order. Please note that some issuing banks may still reserve your funds for a period of time.
If payment is authorised but we have a query with your order, we will send you an email as soon as possible to advise you of the nature of the query. If we are unable to resolve the query for any reason and cannot dispatch your order, a full refund will be issued back to your card.
All transactions will also have to go through the 3D Secure Process.
All credit and debit card holders are subject to validation and authorisation by both us and the card issuer, to maintain security and prevent fraud. We work with Sage Pay to delivery essential service to our customer. Sage Pay are the fastest payment service provider that specialises in secure card payments solutions.
We do not store any sensitive information (card number, etc).
9. OUR REFUNDS POLICY
9.1 When you return a product to us:
(a) Because you have cancelled the Contract between us within the 7 day cooling-off period (see clause 5.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product to you.
(b) for any other reason (for instance, because you have notified us in accordance with paragraph 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective) All products returned as defective will be examined before a refund or exchange is offered. We will notify you of your refund or replacement via-email within a reasonable period of time And we will usually process the refund or replacement due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund or replacement for the defective Product.
(c) Products returned by you because of a defect will either be replaced or refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
9.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
9.3 If we do not accept your order, we will refund the price paid by you as soon as possible and, in any case, within 30 days of our non-acceptance of
9.4 We are not responsible for and will not refund any fees or charges imposed by your bank, building society or credit card Company for processing any transaction or refund in relation to your Order.
10. OUR LIABILITY
10.1 Where we are not the manufacturer of the Products, we shall endeavour to transfer to you the benefit of any warranty or guarantee given to us.
10.2 We warrant to you that on delivery any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
10.3 This warranty is in addition to your legal rights in relation to Products which are faulty or which otherwise do not conform to these Terms. Advice about your legal rights is available at your local Citizens Advice Bureau or trading standards office.
10.4 This warranty does not apply to any defect in the Products arising from fair wear and tear, willful damage, accident, negligence by you or a third party, if you use the Product in a way that we do not recommend, your failure to follow our instructions, or any alteration or repair you carry out without our prior written approval
10.5 Our liability for losses you suffer as a result of us breaking this agreement including deliberate breaches is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
10.6 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.7 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and even if such losses result from a deliberate breach of these Terms by us that would entitle you to terminate the contract between us, including but not limited to:
(a) loss of income or revenue
(b) loss of business
(c) loss of profits or contracts
(d) loss of anticipated savings
(e) loss of data, or
(f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable;
provided that this clause 10.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 10.1 or clause 10.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (f) inclusive of this clause 10.4.
You agree to indemnify, defend and hold harmless Stampede4kids its partners, employees agents and affiliates, from any and all third party claims, liability, damages and / or costs (including but not limited to, legal fees) arising from your use of this website or your breach of the Terms of Service.
12. DAMAGE TO YOUR COMPUTER AND OR EQUIPMENT
We make every effort to ensure this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any websites accessible through it won’t cause damage to your computer. It is your responsibility to ensure that the right equipment is available to use the website and screen out anything that may damage it. Stampede4kids shall not be liable to any person for any loss or damage which may arise to computer equipment as a result of using this website.
13. ACCOUNT DETAILS AND PASSWORDS
You are responsible for maintaining the confidentiality of your password and account and any activities that occur under your account. Stampede4kids shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.
14. IMPORT DUTY
14.1 If you are purchasing from outside the UK your products may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
14.2 Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
15. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. 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 must be given to Stampede4kids. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 12 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
17. TRANSFER OF RIGHTS AND OBLIGATIONS
17.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
17.2 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.
17.3 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.
18. EVENTS OUTSIDE OUR CONTROL
18.1 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 events outside our reasonable control (Force Majeure Event).
18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
18.3 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.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any comments or complaints. Email: email@example.com.
20.1 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.
20.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
20.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
If any of these terms and conditions 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.
22. ENTIRE AGREEMENT
22.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
22.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
22.3 Neither of 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 contract as provided in these terms and conditions.
23. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
23.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
23.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
23.3 Stampede4kids shall have the right in its absolute discretion at any time and without notice to amend remove or vary services and or any page of this website.
24. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the court of England and Wales
“Conditions of sale” - Means these terms and conditions of sale
“Product” - Means any products displayed for purchase on this website
“Working Day” - Means a day other than a Saturday or Sunday on which clearing banks are normally open for business.
Our terms and conditions comply with UK legislation and are designed to ensure that our customers can shop easily and with confidence with stampede4kids.com
These terms and conditions only apply to web site sales.