Terms and Conditions

CONTENTS


General

The terms and conditions apply to the use of this Website. By accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. These shall form part of any contract concluded between Coolbears.co.uk and a buyer. This contract will be carried out by Cool Bears within the limit of 30 days from the day after you send the order to us.

Before you place an order, if you have any questions relating to these terms and conditions please contact us on 01223 575798 between 9am and 6pm or e-mail us on sales@coolbears.co.uk.

This does not affect your statutory rights as a consumer.

The completion of an order form and payment for the products shall be deemed conclusive evidence that the buyer agrees to be bound by these Terms and Conditions of Sale.

Definitions

“Conditions” means these Terms and Conditions; “Product” means a product offered for sale on the Website; “Product Description” means that part of the Website where an individual product may be described in more detail; “Users” means the users of the Website collectively; “Buyer “ means a User who makes a purchase through the Cool Bears Website; “Personal Information” means the details provided by you on registration; “We/us” means “Cool Bears”; “Website” means the Website located at coolbears.smoketest.info; “P&P” means Postage and Packing; “Working Days” means any day of the week from Monday to Friday, excluding Bank Holidays; “United Kingdom” means England, Wales, Scotland, Northern Ireland and the Channel Islands and “You” means a user of this Website.

Registration

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 Cool Bears by e-mail on sales@coolbears.co.uk or calling us on 01223 575798 between 9 am and 6 pm from Monday to Friday.

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.

Compliance with law

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.

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 expressed 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 expressed 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, and 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.

Privacy

In each case Cool Bears will ensure that your order and any payment information you provide is kept private and confidential. Cool Bears will not retain any customer information beyond that reasonably necessary to confirm your order, dispatch the products and trace the delivery. Cool Bears does not supply customer information to third parties other than to enable the carrier to deliver the products.

Governing law

These Terms and Conditions of Sale and of any agreement that exists between Cool Bears and the buyer shall be governed by and construed in accordance with the laws of England. In any dispute with Cool Bears regarding these Terms and Conditions of Sale or the supply of products to the buyer, the parties shall submit to the jurisdiction of the English Courts.

Use of Website

Access

You are provided with access to this Website in accordance with these Terms and Conditions and any orders placed by you must be placed strictly in accordance with these Terms and Conditions.

Indemnity

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 Terms and 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.

Description of Products

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.

Purchase of Products

Orders

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 clicking the ‘Make Purchase’ 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 ‘Cool Bears’. Please be sure you have entered your e-mail address correctly.

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.

The contract will be concluded in English.

Prices

All prices quoted on the site are subject to alterations without notice to take account of fluctuations in the cost of labour and materials and of alterations in rates of exchange and import duty which may occur it the course of manufacturing the products. All prices quoted include VAT. All delivery charges are quoted for United Kingdom only.

Payment

The full price for ordered products must be paid and cleared prior to despatch, unless previous arrangements have been made. All orders must be paid for in Pounds Sterling.

The following methods are available to pay for Cool Bears products:

  • on line transaction via PayPal
  • credit card via PayPal for users not having a personal PayPal account

Where the buyer is using the online payment method, Cool Bears uses a recognised online credit payment agency (PayPal) who have secure server software encryption to keep your transaction private and protected. Paying by this method will automatically transfer the buyer to the PayPal domain for payment purposes. Cool Bears accepts no responsibility and shall not be liable for errors or omissions on the part of PayPal which may result in the disclosure of confidential information, loss, expense or damage howsoever arising to the buyer. It is the responsibility of the buyer to read the PayPal terms of business before using the service.

In the event of a failure by the buyer to pay for the products, then title to the products shall remain with Cool Bears until such time as payment in full is received. Cool Bears reserve the right to retake possession of the products in the event of non-payment.

Any such products or part of products so re-possessed may be re-sold without notice to the buyer and without prejudice to our right to claim damages against the buyer for any losses or expenses incurred, save that the proceeds of such sale shall be set off against any sums due from the buyer in respect of the products.

Shipping and Delivery

Delivery within the United Kingdom will normally be made within 4 to 5 working days of dispatch. Cool Bears will normally dispatch an order within 1 working day of the order being confirmed and payment being received.

Shipping Costs

Shipping costs are calculated on a weight rate. All P&P costs will be added to the products you wish to purchase when you click on the ‘Add to Cart’ button.

Shipping Costs may vary from time to time.

Shipping to multiple addresses

If you’d like to have items sent to separate addresses, please complete a separate order for each address. The cost of P&P will be added to each order individually.

Cool Bears shall not be liable for delay or failure to deliver products promptly if such failure arises due to force majeure or by reason of any delays occasioned by Bank Holidays, strikes, riots, lockouts or other labour trouble, war, fire, accident, mechanical failure, government action, legislation or regulation of any kind; Act of God, delay or failure of delivery of the products to Cool Bears by manufacturers, suppliers or other persons, or any circumstances whatsoever outside our reasonable control.

Loss or Damage in Transit and Defective Goods

All sales are final. Goods will only be replaced or refunded if damaged in transit or if defective. Cool Bears should be notified in writing (e-mail acceptable) no longer than seven working days after the day on which you receive the defective Products. Goods should then be returned to Cool Bears no longer than ten days after our authorisation to return the goods.

Cool Bears’ responsibility for loss, goods damaged in transit or defective goods will be limited to replacing the products or providing a refund, whichever the buyer prefers.

Please note: We will refund the price of the item to the purchaser or exchange the product once it is received by us. We will refund the delivery charge made on orders if they are returned to us in accordance with the above procedure.

Refund Policy

Refunds will be made through PayPal if the payment has been made through PayPal. If purchased by credit card, the refund can only be made to the original card of purchase.

Our Rights

Changes to the Website

Cool Bears reserves the right to modify or withdraw, temporarily or permanently, the Cool Bears 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 Terms and 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 Terms and Conditions have been changed. If you do not agree to any change to the Terms and Conditions then you must immediately stop using the Website.

Changes in specification

Cool Bears reserves the right to make changes at any time and without notice in the materials, dimensions, colours and design of its products and such changes shall not affect the validity of any contract with the buyer provided that such variations and modification do not adversely affect in any material way the performance of the products or the quality of workmanship or of materials used. Where there has been a material change to any product ordered by the buyer, Cool Bears will endeavour to supply the buyer with a product that is identical to that ordered or a product that is as far as is possible similar to that ordered.

The buyer has the option to accept or decline any replacement with a full refund given if any replacement is unacceptable.

Health and Safety

All products sold by Cool Bears comply with the European Toy Safety Regulations and where appropriate bear the CE mark. The use of any product should be supervised at all times by an adult. The buyer shall be responsible for ensuing that all statutory, government or local authority regulations are complied with in relation to the use of any products purchased from Cool Bears.

Copyright

The copyright in any design, presentation, packaging and/or literature in connection with the products shall remain the property of the owner of that copyright and no right or licence (except as to the use for which the products are supplied) shall be granted hereby whether express or implied.

Complaints

If you are not satisfied with your purchase or our service, please write to us at Cool Bears (see contact details below) and we will investigate and respond to you as appropriate.

This does not affect your statutory rights as a consumer.

Contact

The registered company address of Cool Bears is

4 Downham’s Lane, Cambridge, CB4 1XT.
VAT Registration No: 793 0862 03.