terms and conditions
Terms & Conditions of Sale
- Terms and Conditions: These are the terms and conditions of our agreement which apply to all purchases of products by you from mothercare.com and you should read them carefully. We may vary these terms from time to time without prior notice to you, and therefore you should check the current version on mothercare.com before you make a new purchase. By placing an order on mothercare.com you agree to be bound by the terms and conditions set out below.
- About us: Mothercare UK Limited (in administration) ("Mothercare") is registered in England and Wales under company number 533087 and our registered office is at Cherry Tree Road, Watford, Hertfordshire, WD24 6SH and our VAT number is 440 6445 66. If you have any questions relating to these terms and conditions you can contact our Customer Care Team either via the contact us link on the website, by telephone on 0344 875 5222, by email at firstname.lastname@example.org or by writing to us at Customer Care, Mothercare UK Limited (in administration), Cherry Tree Road, Watford, Herts, United Kingdom, WD24 6SH.
- Ordering: You can submit an order for products on mothercare.com by completing the details required on the checkout process pages and clicking the “Place Order” button. All prices are reflected in £UK Sterling and include VAT where applicable, providing delivery is to a location in the United Kingdom. Orders outside of the United Kingdom may be subject to an additional charge which will be clearly set out prior to you placing your order.
- Acceptance of order: The steps required to create a contract between you and us are as follows:
- You place an order for products by completing the details required on the checkout process pages and clicking the “place order” button. Your order amounts to an offer by you to purchase the products;
- We will send you an order acknowledgement email detailing the products you have ordered. This is an acknowledgement of receipt of your order only and not confirmation of acceptance of your order by us;
- As your product is despatched from our warehouse we will send you an order status update email; and
- Our acceptance of your order will take place when we dispatch the products you have ordered, at which point a contract will come into existence between you and us. You may cancel your order at any time before we have accepted it by either contacting us via the “contact us” link on the website; by email to our Customer Care Team at email@example.com; or in writing to Customer Care, Mothercare UK Limited (in administration), Cherry Tree Road, Watford, Herts, WD24 6SH.
There may be certain circumstances in which we are unable to accept your order. These include where: (i) the product you ordered is out of stock; (ii) we are unable to obtain authorisation for your payment; (iii) we have identified a pricing or product description error; (iv) discounts have been incorrectly applied; or (v) if we believe items in the order or other orders placed by you are being purchased in bulk for resale and not for personal use. If we are unable to accept your order, we will inform you as soon as possible and will not charge you.
We may cancel our contract with you after we have accepted your order and dispatched your goods if we have made a pricing error which should have been apparent to you or if discounts have been incorrectly applied. In such circumstances we will refund any sums that you have paid and you will be required to return the goods at our expense. We may also cancel our contract with you after we have accepted your order in respect of undelivered items if we believe items in the outstanding order or other orders placed by you are being purchased in bulk for resale and not for personal use.
- Gift cards and vouchers: Due to the company being in administration, we can no longer accept gift cards in store or online after the 13 November 2019.
- Delivery: Subject to condition 4, we make every effort to deliver all products within the United Kingdom within the timescale stated at the time of order placement. Where this is not possible, we will do our best to notify you and, unless we state otherwise, ensure that your products are delivered within 30 days from the date of your order. Deliveries outside the United Kingdom may take longer.
If our supply of the products is delayed by an event outside of our reasonable control then we will not be liable for such delay. We will however let you know as soon as possible and, if there is a risk of substantial delay, you may cancel your order and receive a refund for any products you have paid for but have not yet received.
Delivery will be to the address or store specified in your order. If no one is available at the address at the time of delivery, a note will be left to advise whether your order has been left in a safe place e.g. with a neighbour, or returned to depot.
Where you have chosen to have your order delivered to a store for collection, you will need to bring a copy of your order number and a form of identification when you collect your order. We will be in touch when your order is ready to be collected from your chosen store.
- Ownership and responsibility for the products: you will be responsible for the products as soon as they are delivered to the delivery address specified in your order (including where left in a safe place, e.g. with a neighbour). Ownership of the products shall pass to you once we have received payment in full.
- Payment: You may pay for your order with credit or debit cards or PayPal on this site. For all products other than those which are being personalised for you, we will authorise funds in your account at the point of order and then charge your account for payment at the time that the order is despatched for delivery to you. Items which are shipped directly from the manufacturer will also be charged at the time that the order is despatched. If the product is being personalised for you, you may be charged at any point between acknowledgement of your orders and despatch. The exact timing of this will vary according to supplier and the product you are ordering.
We take every reasonable care to ensure that your order and subsequent transactions are conducted via a secure link. As we are not responsible for the operation of the secure link we will not be liable for any loss you may suffer if a third party obtains unauthorised access to any information you provide via such link unless caused by our negligence. If products are not available for any reason after acknowledgement of your order, we will let you know. We will not charge you for these products and will promptly refund any amounts already paid (if any) by way of a credit to your credit card/ debit card or PayPal account.
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
this legislation gives you the following cancellation rights when you buy online or by phone:
- You have the right to cancel any order that you make with us online or over the phone within 14 days without any reason. The cancellation period will expire after 14 days from the day on which you acquire or, if the order is a gift to be delivered to a third party, the day on which the third party specified by you in the order acquires, physical possession of the goods that you have ordered, unless your goods are delivered by us in instalments in which case this 14 day period will run from the date upon which you (or your nominee) receives the last part of the delivery (the ‘Cancellation Deadline’). However, this right of cancellation will not apply to any goods that are personalised for you or made to your specifications, or to products which are sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
- To exercise the right to cancel, you must inform us of your decision to cancel your order by sending a clear statement either by e-mail to our Customer Care Team at: firstname.lastname@example.org; or in writing to Customer Care, Mothercare UK Limited (in administration), Cherry Tree Road, Watford, Herts, WD24 6SH; or by contacting us via the contact us link on our website;
- To meet the Cancellation Deadline, you must send us your communication concerning your exercise of the right to cancel before the Cancellation Deadline has expired;
- If you wish to exercise your right to cancel, you are obliged to retain possession of the goods and take reasonable care of them until they are returned
- You must return the goods to a Mothercare store or send the goods back to us at Mothercare UK Limited (in administration), Prolog Phase 8, Cranmer House, Sentinel Drive, Annesley, Nottingham, NG15 0DF without undue delay and in any event not later than 14 days from the day on which you notify us of the cancellation of your order. You are responsible for the costs of returning the goods.
Effect of Cancellation
If you cancel an order, we will reimburse to you all payments received from you in respect of that order including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).
We will make the reimbursement without undue delay, and not later than:
- 14 days after the day we receive back from you any goods supplied; or
- (if earlier), 14 days after the day you provide evidence to us that you have returned the goods; or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel the order.
We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
We may make a deduction from the reimbursement for loss of value of any goods supplied, if the loss is the result of unnecessary handling by you (i.e. in excess of what is necessary to establish the nature, characteristics and functioning of the goods).
If we cancel an order or any part of an order, we will reimburse to you all payments received from you in respect of those goods which have been cancelled by us. We will make the reimbursement without undue delay and not later than 14 days after the day we notify you of cancellation. In the event of cancellation of an order our liability to you will be limited to refunding payments received from you in respect of those goods which have been cancelled by us.
Refunds and Exchanges
Please note that in addition to your general right to cancel set out above, we operate a Returns and Exchanges Policy, found here. You should read this policy as it gives you extra benefits. We will not refund or exchange any goods which cannot by their nature be disassembled once they have been partially assembled (such as flat pack furniture).
Products may vary slightly from their pictures
The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
Compliance with contract and legal rights
We are under a legal duty to supply products that are in conformity with this contract. You have a number of rights and remedies under the Consumer Rights Act 2015 including, in certain circumstances, the right to cancel your contract with us where the goods we supply are defective or not as described, in which case we will pay for the cost of the return. You can obtain further information about your consumer rights from the Citizens Advice Bureau or your local Trading Standards.
Warranties and Guarantees
The Joint Administrators cannot provide warranties or guarantees for items purchased during the administration. Manufacturer warranties still apply
No liability for Business Losses
Our products are supplied for private and domestic use only. We will not be liable to you for any loss of profit, loss of business or business interruption if you re-sell our products or use them for commercial purposes. Nothing in these terms shall exclude or limit Mothercare’s liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.
All rights reserved. Reproduction of this website or any materials relating to My Mothercare in whole or in part by any means is prohibited without the prior written permission of Mothercare UK Limited (in administration).
Terms and conditions governed by English law and subject to exclusive jurisdiction of the English courts.
Registered in England No. 533087.
VAT Reg No. 440 6445 66 Registered Office: Cherry Tree Road, Watford, Hertfordshire, WD24 6SH, England.
Mothercare® and the M device® are registered trademarks and My Mothercare™ are trademarks belonging to Mothercare UK Limited (in administration).
Zelf Hussain, David Robert Baxendale and Mark James Tobias Banfield, were appointed as Joint Administrators of Mothercare UK Limited and Mothercare Business Services Limited on 5 November 2019 to manage their affairs, business and property as their agents and without personal liability. Zelf Hussain, David Robert Baxendale and Mark James Tobias Banfield are licensed in the United Kingdom to act as insolvency practitioners by the Institute of Chartered Accountants in England and Wales. The joint administrators are bound by the Insolvency Code of Ethics which can be found at: https://www.gov.uk/government/publications/insolvency-practitioner-code-of-ethics. The joint administrators may act as controllers of personal data as defined by the UK data protection law depending upon the specific processing activities undertaken. PricewaterhouseCoopers LLP may act as a processor on the instructions of the joint administrators. Personal data will be kept secure and processed only for matters relating to the joint administrators’ appointment. Further details are available in the privacy statement on the PwC.co.uk website or by contacting the joint administrators.