Website Terms and Conditions of Supply
These Website Terms and Conditions of Supply (together with the documents referred to on it) set out the terms and conditions on which we supply any product (“Product”) or service (“Service”) listed on our website www.tothemoonandbackfostering.com (“our site”) to you. Please read these Website Terms and Conditions of Supply carefully before ordering any Product or Service from our site. You should understand that by ordering any Product or Service, you agree to be bound by these Website Terms and Conditions of Supply and agree that, upon our sending you a corresponding Dispatch Confirmation or other written form of order acceptance, these Website Terms and Conditions of Supply and that order will form the entire agreement between you and us for the supply of the relevant Product or Service ordered (the “Contract”). You should print a copy of these Website Terms and Conditions of Supply for future reference. Please click on the button marked “I Accept” at the end of these Website Terms and Conditions of Supply if you accept them. Please understand that if you refuse to accept these Website Terms and Conditions of Supply, you will not be able to order any Product or Service from our site.
Information about us
www. tothemoonandbackfostering.com is a site operated by To the Moon and Back Foster Care Limited (“we”, “us” and “our”). We are registered with Ofsted and have our trading office at Future Business Centre, King’s Hedges Road, Cambridge, CB4 2HY.
By placing an order for any Service through our site, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old
How the contract is formed between you and us
After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the relevant service. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms a written form of order acceptance confirming that we will supply the Service (as applicable). The Contract between you and us will only be formed when we send you the relevant written form of order acceptance.
The Contract will relate only to the Service whose supply we have confirmed in some other written form of order acceptance. We will not be obliged to supply any Service which may have been part of your order until the dispatch of such Service has been confirmed in a written form of order acceptance.
We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from third party suppliers through our site, or from companies to whose website we have provided a link on our site, will (in the case of products) be of satisfactory quality, fit for purpose or in conformance with their description or specification or (in the case of services) performed with reasonable skill and care, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
If you are contracting as a consumer, you may cancel a Contract: (i) for the supply of a Product at any time within 14 days from the day after you received the Product; or (ii) for the supply of a Service at any time within 14 days from the day after the Contract is formed for supply of the Service (unless the Service is supplied during the cancellation period in which case the right to cancel only exists for the period prior to supply). In this case, you will receive a full refund of the price paid for the Product or Service in accordance with our refunds policy set out in clause 9 below. To cancel a Contract, you must inform us in writing. You must also (where the Contract is for the supply of a Product) return the Product to us immediately, in the same condition in which you received the Product, and at your own cost and risk. You have a legal obligation to take reasonable care of the Product while it is in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. Please note that for hygiene reasons we will only accept returns for stem cell collection kits if they are returned intact and unused. You will be responsible for postage costs for the return of the Product and all of it contents back to our laboratory in Nottingham at the address set out above.
Availability and delivery
Your order will be fulfilled by the delivery or supply date set out in the written form of order acceptance (as applicable) or, if no delivery or supply date is specified, then (in the case of a Service) within a reasonable time of such other written form of order acceptance as is provided by us, unless there are exceptional circumstances.
Price and payment
The price of any Service will be as quoted in writing, except in cases of obvious error.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a written form of order acceptance.
It is always possible that, despite our best efforts, a Service listed on our site may be incorrectly priced. We will normally verify prices as part of our order acceptance and/or dispatch procedures so that, where a Product’s or a Service’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you or performing the Service (as applicable). If a Service’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before performing the Service (as applicable), or reject your order and notify you of such rejection.
We are under no obligation to provide any Service to you at the incorrect (lower) price, even after we have sent you a written form of order acceptance, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
Payment for any Service ordered must be by bank transfer.
Our refunds policy
If you cancel the Contract between us:
within the 14-day cooling-off period set out in clause 6.1 above, we will process the refund due to you as soon as possible and, in any case: (i) where the Contract is for the supply of a Product, within 14 days of your return of the Product to us; or (ii) where the Contract is for the supply of a service, within 14 days of the day you have given notice of your cancellation. In either case, we will refund the price of the Product, including the cost of sending the Product to you, or the Service (as applicable) in full. However, you will be responsible for the cost of returning any Product to us.
for any other reason (for instance, because you have notified us in accordance with clause 19.2 below that you do not agree to any change in any of our policies or terms and conditions, or because you claim that the Product or Service is defective), we will (where applicable) examine the returned Product and will, in any case, notify you of whether you are entitled to a refund via e-mail within a reasonable period of time. We will usually process any refund 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. Any Product returned by you because of a defect will be 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, and any defective Service will be refunded in full.
We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will make any refund in the currency of the original transaction. If your account is not in this currency, applicable exchange rate fluctuations and other banking charges may mean that the amount refunded to your account is less than the original amount charged. We will not be in any way responsible or liable for any such shortfall.
We warrant to you that: (i) any Product purchased from us through our site is of satisfactory quality, reasonably fit for all the purposes for which products of the kind are commonly supplied and in material conformance with its description or specification; and (ii) any Service purchased from us through our site will be performed with reasonable skill and care. We do not in any limit in any way our liability:
- for death or personal injury caused by our negligence;
- under section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any other matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
Subject to clause 10.2 above, we are not responsible for indirect or consequential losses which happen as a side effect of the main loss or damage, including but not limited to:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of goodwill or reputation;
- loss of data or use; or
- waste of management or office time,
however arising and whether caused by tort (including negligence), breach of contract or otherwise.
Subject to clauses 10.2 and 10.3 above, our liability for losses you suffer as a result of us breaching any of these Website Terms and Conditions of Supply is strictly limited to direct losses only and shall in no circumstances exceed the purchase price of the Product or Service (as applicable) you purchased.
Where you buy any Product from a third party supplier through our site, the supplier’s individual liability will be set out in the supplier’s terms and conditions.
Compliance with laws
If you order any Product from our site for delivery outside the UK, you must comply with all applicable laws, statutes 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, statutes and/or regulations.
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 site. 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 To the Moon and Back Foster Care Limited at firstname.lastname@example.org. 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 site, 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.
Transfer of rights and obligations
The contract between you and us is binding on you and us and on our respective successors and assigns.
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.
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.
Events outside our control
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”).
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:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; or
- the acts, decrees, legislation, regulations or restrictions of any government.
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.
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 Website Terms and Conditions of Supply, 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.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Website Terms and Conditions of Supply 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 Website Terms and Conditions of Supply 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.
These Website Terms and Conditions of Supply 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.
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 Website Terms and Conditions of Supply.
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 Website Terms and Conditions of Supply.
Our right to vary these terms and conditions
We have the right to revise and amend these Website Terms and Conditions of Supply from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws, statutes and regulatory requirements and/or any other reason that we consider relevant or necessary.
You will be subject to our policies and terms and conditions in force at the time that you order any Product or Service from us, unless: (i) any change to those policies or terms and conditions (including these Website Terms and Conditions of Supply) is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you); or (ii) we notify you of any change to those policies or terms and conditions (including these Website Terms and Conditions of Supply) before we send you the Dispatch Confirmation or such other written form of order acceptance as is provided by us (in which case we have the right to assume that you have accepted such change unless you notify us to the contrary within seven working days of receipt by you of the Product or our performance of the Service (as applicable)).