Welcome to the Diffusion Kids (www.diffusionkids.com) terms and conditions for use.
These terms and conditions apply to the use www.diffusionkids.com and by accessing www.diffusionkids.com and/or placing an order you agree to be bound by the terms and conditions set out below.
If you do not agree to be bound by these terms and conditions you may not use or access this www.diffusionkids.com
"Conditions" means these terms and conditions and the Special Conditions;
"Product" means a product displayed for sale on the Website;
"Product Description" means that part of the Website where certain terms and conditions in respect of the individual Product are provided;
"Special Conditions" means the terms and conditions in the Product Description;
"Users" means the users of the Website collectively;
"Personal Information" means the details provided by you on registration;
"We/us" means Diffusion Kids;
"Website" means the website located at www.diffusionkids.com or any subsequent URL which may replace it;
"Cookies" means small text files which our Website places on your computer's hard drive to store information about your shopping session and to identify your computer;
"United Kingdom" means England, Wales, Scotland, Northern Ireland and the Channel Islands and "You" means a user of this Website.
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
# You warrant that: The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
# You will notify us immediately of any changes to the Personal Information by contacting us by e-mail.
You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
WE RESERVE THE RIGHT TO:
# modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
# change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
The technical steps required to create the contract between you and us are as follows:
# You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
# We will send to you an order acknowledgement email detailing the products you have ordered. This is not an order confirmation or order acceptance from www.diffusionkids.com
# As your product is shipped we will send you a despatch confirmation email.
# Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order.
The contract will be concluded in English.
Non-acceptance of an order may be a result of one of the following:
# The product you ordered being unavailable from stock.
# Our inability to obtain authorisation for your payment.
# The identification of a pricing or product description error.
# You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
You are entitled to cancel this contract if you so wish provided that you exercise your right no longer than eight working days after the day on which you receive the Products.
Please note that your right to return Products does NOT apply to Products which are made to your specification
Description of products
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times and warranties.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system.
Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order.
We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. Descriptions and prices on this web site are displayed on an invitation to treat basis only, and do not constitute a legally binding offer
Intellectual property and right to use
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 our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
COMPLIANCE WITH LAWS
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws
LIMITATION OF LIABILITY
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
# any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
# any loss of goodwill or reputation; or
# any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Diffusion Kids reserve the right to make changes to the information in this Internet site, or to the services described therein without notice. The information and material provided in this Internet site does not constitute an offer to sell or the solicitation of an offer to buy, and must not be relied upon in connection with any information decision. We do not warrant the suitability of goods for a particular purpose.
We shall have the right, at our discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of this site shall constitute your acceptance of any changes.
Diffusion Kids shall have the right at any time to change or discontinue any aspect of the web site, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions
We must be informed of parcels not arriving as soon as possible, for UK it must be within 16 working days. For international destinations we must be informed within 35 working days, failure to do this can affect our ability to trace the parcel and issue any refund due. Refunds or replacements will only be issued after 16 working days in the UK or 35 working days for International parcels, and only if the parcel is deemed to be lost in transit.
Please make sure the e-mail address you give us is correct.
All order confirmations are sent to that e-mail address.
It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for transmission or operational failures In using this web site, the user shall agree to indemnify us against all claims, liability, damages, losses and costs arising from any breach of these conditions by the user or the use by any person accessing the website using user's membership information..
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
Any customs or import duties levied once your parcel reaches your country will be the responsibility of the customer. We have no control over these possible charges and unfortunately cannot predict what they will be.
If charges are levied in your country and you refuse to pay them, you are responsible for the original shipping costs to you, any duties, taxes and/or customs charges that are incurred on the package, and the cost of returning the package. These costs will be subtracted from your merchandise refund and your credit card will be charged accordingly.
We do not guarantee any timescale for parcels arriving to UK or International destinations, we can only give our best estimate of delivery times. Diffusion Kids makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.
Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws
We accept all major credit and debit cards. All transactions are in GBP UK Pounds Sterling. We provide you with a facility to convert the prices into your currency as a guide, we suggest you check the information you receive from our currency converters with your credit card provider. All rates quoted would be at the exchange rate prevailing at that precise moment, and may not be the exact cost your credit card company will charge. Please contact your card issuer for details on any charges they may make to convert currencies
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Diffusion Kids and you are expected to do. You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
Diffusion Kids is a trading name of Diffusion Kids Designer Limited
Registered Office: 98 Queensmere Shopping Centre, Slough, Berkshire, England SL1 1DG
Company number: 06543871, Registered in England
VAT number: GB 85 1618 717
Welcome to the Diffusion Kids (www.diffusionkids.com) terms and conditions for use.