Terms & Conditions of Sale
These Terms of Sale, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.bluekangarooclasses.co.uk (“Our Site”). Please read these Terms of Sale carefully and ensure that you understand them before ordering any Goods from Our Site. You will be required to read and accept these Terms of Sale when ordering Goods. If you do not agree to comply with and be bound by these Terms of Sale, you will not be able to order Goods through Our Site. These Terms of Sale, as well as any and all Contracts are in the English language only.
1. Definitions and Interpretation
1.1 In these Terms of Sale, unless the context otherwise requires, the following expressions have the following meanings:
“Contract” means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Goods” means the goods sold by Us through Our Site;
“Goodwill Guarantee” means the goodwill guarantee offered by Blue Kangaroo (Kent) Ltd, a limited company registered in England under 12214192, whose address is Flat 6, Westbourne Mansions, 148-150 Sandgate Road, Folkestone, Kent, CT20 2HS, which exists to enhance the legal rights of Our customers to change their mind and return Goods to Us;
“Order” means your order for Goods;
“Order Confirmation” means our acceptance and confirmation of your Order;
“Order Number” means the reference number for your Order; and
“We/Us/Our” means Blue Kangaroo (Kent) Ltd, a company registered in England under 12214192, whose registered address is Flat 6, Westbourne Mansions, 148-150 Sandgate Road, Folkestone, Kent, CT20 2HS.
2. Information About Us
2.1 Our Site, www.bluekangarooclasses.co.uk, is owned and operated by Blue Kangaroo (Kent) Ltd, a limited company registered in England under 12214192, whose registered address is Flat 6, Westbourne Mansions, 148-150 Sandgate Road, Folkestone, Kent, CT20 2HS.
3. Access to and Use of Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Goods, Pricing and Availability
4.1 We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods. Please note, however, the following:
4.1.1 Images of Goods are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;
4.1.2 Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary.
4.1.3 Due to the nature of the Goods sold through Our Site, there may be up to a 10% variance in the size and measurements of those Goods between the actual Goods and the description.
4.2 Please note that sub-Clause 4.1 does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. Please contact us if you receive incorrect Goods (i.e. Goods that are not as described).
4.3 Where appropriate, you may be required to select the required size, colour and number of the Goods that you are purchasing.
4.4 We cannot guarantee that Goods will always be available. Stock indications are not provided on Our Site.
4.5 Minor changes may, from time to time, be made to certain Goods between your Order being placed and Us processing that Order and dispatching the Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues. Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. However, if any change is made that would affect your use of the Goods, suitable information will be provided to you.
4.6 We make all reasonable efforts to ensure that all prices shown on Our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that you have already placed.
4.7 All prices are checked by Us before We accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake. If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order. If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it). We will not proceed with processing your Order in this case until you respond. If We do not receive a response from you within 7 days, We will treat your Order as cancelled and notify you of this in writing.
4.8 In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.
4.9 Delivery charges are not included in the price of Goods displayed on Our Site. Delivery options and related charges will be presented to you as part of the order process.
5. Orders – How Contracts Are Formed
5.1 Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.
5.2 If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process your Order due to incorrect or incomplete information, We will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end. If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.
5.3 No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending you an Order Confirmation by email. Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.
5.4 Order Confirmations shall contain the following information:
5.4.1 Your Order Number;
5.4.2 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
5.4.3 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
5.5 In the unlikely event that We do not accept or cannot fulfill your Order for any reason, We will explain why in writing. No payment will be taken under normal circumstances. If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 14 days.
5.7 Any refunds due under this Clause 5 will be made using the same payment method that you used when ordering the Goods.
6.1 Payment for Goods and related delivery charges must always be made in advance and you will be prompted to pay during the order process. Your chosen payment method will not be charged until We dispatch your Goods.
9.2 We accept the following methods of payment on Our Site:
6.2.1 Stripe – using Mastercard, Visa Card or American Express Card;
7. Events Outside of Our Control (Force Majeure)
7.1 We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control.
7.2 If any event described under this Clause 7 occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms of Sale:
7.2.1 We will inform you as soon as is reasonably possible;
7.2.2 We will take all reasonable steps to minimise the delay;
7.2.3 To the extent that we cannot minimise the delay, Our affected obligations under these Terms of Sale (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;
7.2.4 We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;
7.2.5 If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation. Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled;
7.2.6 If an event outside of Our control occurs and you wish to cancel the Contract as a result, please use the following details:
Providing Us with your name, address, email address, telephone number, and Order Number. Any refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 days of the date on which the Contract is cancelled.
8. Communication and Contact Details
8.1 If you wish to contact Us with general questions or complaints, you may contact Us by email at firstname.lastname@example.org.
8.2 For matters relating the Goods or your Order, please contact Us by email at email@example.com.
8.3 For matters relating to cancellations, please contact Us by email at firstname.lastname@example.org.
9. Complaints and Feedback
9.1 We always welcome feedback from Our customers and, whilst We always use all reasonable endeavours to ensure that your experience as a customer of Ours is a positive one, We nevertheless want to hear from you if you have any cause for complaint.
9.3 If you wish to complain about any aspect of your dealings with Us, please contact Us in one of the following ways:
9.3.2 By email, addressed to Sarah (Director) at email@example.com.
10. How We Use Your Personal Information (Data Protection)
10.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.