Mapa GmbH’s Terms & Conditions of sale online
1. Our terms
1.1 What these terms cover. These are the terms and conditions on which we supply NUK ® goods, which are ordered by consumers (“you”) online.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are? We are MAPA GmbH, a company registered in Germany whose registration office is at Industriestrasse 21-25, D-27404 Zeven, Germany.
2.2 How to contact us. You can contact us by telephoning our customer service team at 0800 012 1329 or by writing to us at NUKshop@newellco.com.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address you provided to us in your order.
2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
3. Our contract with you
3.1 Your order. You may order standard products and/or customised products by clicking the following link www.nuk.co.uk/individual-products.html and completing the questionnaire with requested information. To place an order, start by placing the goods you want to buy in your shopping cart. You can change the quantity or delete goods completely from your shopping cart at any time. If you want to complete the purchase then click “Next“ in the shopping cart and you will be able to enter your details and choose the shipping and payment method. If you make any errors (e.g. payment method, your details or quantity of goods), click “Edit“ next to the relevant field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button “Order with obligation to pay“, your offer to buy the goods becomes binding.
3.2 How we will accept your order. Our acceptance of your order (and our obligation to supply the goods) will take place when we email you to confirm acceptance of your order, at which point a contract will come into existence between you and us incorporating these terms and conditions.
3.3 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the product.
3.4 Your order number. An order number will be assigned to your order and we will tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.5 What these terms cover. These are the terms and conditions on which we supply NUK ® goods to you, which are ordered on this website. In making your order you agree that these terms and conditions shall be incorporated into our contract, should we accept your order.
4. Our products
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 therefore vary slightly from those images. The packaging of the product may vary from that shown in images on our website.
5. No right to make changes
You may not make any change to the product that you have ordered once your order has been submitted to us, however you may end the contract (see clause 8 - Your rights to end the contract) and/or place a new order.
6. Our rights to make changes
6.1 Minor changes to the products. We may change the product at any time including after acceptance of your order:
a) to reflect changes in relevant laws and regulatory requirements; and
b) to implement minor technical adjustments and improvements, for example to address a security threat.
These changes will not affect your use of the product.
6.2 More significant changes to the products and these terms. Any more significant changes to the products will be reflected in their description on our website and apply to contracts entered after the date of the change. If we make any significant change to a product after the date of your order then we will let you know and you will be able to cancel your order without charge if you are not happy with the change. Any changes to these terms will only apply to contracts which are entered after the date of the change.
7. Delivering the products
7.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
7.2 When we deliver the products.
We will deliver the goods to you as soon as reasonably possible and we will contact you with an estimated delivery date, which, unless otherwise agreed between us, will be within 10 days after the day on which we accept your order.
7.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take reasonable steps to minimise the effect of the delay. Provided we do this we will not be liable for delays or non-performance caused by the event, but if there is a risk of substantial delay and you are unhappy with the steps we have taken (or plan to take), you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave a note informing you of how to rearrange delivery or collect the products from a local depot.
7.5 If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.
7.6 Ending the contract for late delivery. If you are entitled to treat the contract as at an end for late delivery, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (i.e. not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0800 012 1329 or email us at NUKshop@newellco.com for a return label or to arrange collection.
7.7 When you become responsible for the goods. The goods will be your responsibility from the time we deliver them to the address you gave us.
7.8 When you own goods. You will own the goods once we have received payment in full for them.
7.9 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, customized products (see clause 3.1). If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we will consider that you have ordered a standard product. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we have asked for within a reasonable time of us asking for it.
7.10 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
a) deal with technical problems or make minor technical changes;
b) update the product to reflect changes in relevant laws and regulatory requirements; or
c) make changes to the product as notified by us to you (see clause 6).
8. Your rights to end the contract
8.1 You can end your contract with us if you meet the requirements described below. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
a) if what you have bought is faulty or misdescribed you may have a legal right to end the contract or to get some or all of your money back), see clause 11;
b) if you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;
c) if you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but you will have to pay the costs of return of any goods.
8.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);
b) we have told you about an error in the price or description of the product you have ordered, and you do not wish to proceed;
c) there is a risk that supply of the products may be significantly delayed because of events outside our control;
d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 10 days; or
e) you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7.6)).
8.3 Exercising your right to change your mind For most products bought online you have a legal right (known as a cooling off period) to change your mind within 14 days and receive a refund, subject to certain exceptions. Please see clause 8.4 below for examples of the exceptions.
8.4 Examples of when you don't have the right to change your mind. You do not have a right to change your mind in respect of (without limit):
a) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
b) any products which become mixed inseparably with other items after their delivery; and
c) customised, bespoke or personalised products.
8.5 How long do I have to change my mind?
You have 14 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods. We do not split shipments.
9 How to end the contract with us (including if you have changed your mind)
9.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
a) phone or email. Call customer services on 0800 012 1329 or email us at NUKshop@newellco.com. Please provide your name, home address, order number and, where available, your phone number and email address;
b) online. Complete the form. ; or
c) by post. Print off the form in the Schedule to these terms and conditions below, complete the form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
9.2 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post the goods back to us at:
MAPA Spontex UK LTD
Berkeley Business Park
Wainwright Road
WORCESTER, WR4 9ZS
GB
FREEPOST: RSSX-LEAB-SKGT
Please call customer services on 04281-73513 or email us at NUKshop@newellco.com for a return label or to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
9.3 When we will pay the costs of return. We will pay the costs of return:
a) if the products are faulty or misdescribed; or
b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
9.4 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection as displayed on our website.
9.5 How we will refund you. We will refund you the price you paid for the products excluding delivery costs, by the method you used for payment.
The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option. If you are exercising your right to change your mind (see clause 8.3), we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
9.6 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:
a) if we have not offered to collect the goods, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2; and
b) in all other cases, your refund will be made within 14 days of your telling us you have changed your mind.
10 Our rights to end the contract
10.1 We may end the contract if you breach these terms and conditions. We may end the contract for a product at any time by writing to you if:
a) you do not make any payment to us when it is due, and you still do not make payment within 10 days of us reminding you that payment is due;
b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, the information required for customized products, including your correct address;
c) you do not, within a reasonable time, allow us to deliver the products to you or collect them from us; or
d) you choose forbidden, subversive, offensive or harmful symbols or writings for our customised products.
10.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not delivered. We will deduct the amount set out on our website as a compensation for the costs we will incur as a result of your breaking the contract.
11 If there is a problem with the product
11.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0800 012 1329 or write to us at NUKshop@newellco.com.
11.2. Our legal obligation. We are under a legal duty to supply products that are in conformity with this contract. These terms and conditions shall in no way exclude or limit any of your rights under applicable consumer law.
11.3 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either post them back to us or (if they are not suitable for posting) allow us to collect them from us. We will pay the costs of postage or collection. Please call customer services on 0800 012 1329 or email us Nukshop@newellco.com for a return label or to arrange collection.
12 Price and Payment
12.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the website order pages when you placed your order. We take all reasonable care to ensure that the price of the product shown to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.
12.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
12.3 What happens if we got the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
12.4 When you must pay and how you must pay. We accept payment with credit cards (master card, visa) and debit cards and also PayPal.
We will not charge your credit or debit card until we dispatch the products to you.
13 Our responsibility for loss or damage suffered by you
13.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products; or for defective products under the Consumer Protection Act 1987.
13.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, loss of goodwill, business interruption, or loss of business opportunity.
14 How we may use your personal information
We will only use your personal information as set out in our privacy policy privacy.newellbrands.com/index_en.html
15 Other important terms
15.1 You agree that you will not cause us to infringe the intellectual property rights and/or privacy rights of another and that you have obtained all necessary consents to provide us with any intellectual property and/or data that you have provided to us. If you breach this term, we will have the right to end this contract and you shall become liable for our losses.
15.2 We may transfer our rights and obligations under these terms to another organisation and will ensure your rights are not prejudiced.
15.3 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
15.4 This contract is between you and us. No other person shall have any rights to enforce any of its terms.
15.5 If a court finds part of this contract illegal, the rest will continue in force. Each of the provisions of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining provisions will remain in full force and effect.
15.6 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you, but we continue to provide the products, we can still require you to make the payment at a later date.
15.7 These terms are governed by English law and you can bring legal proceedings in respect of the products in English courts. If you live in Scotland, you can bring legal proceedings in respect of the products in either the Scottish or the English courts.
THE SCHEDULE
MODEL CANCELLATION FORM
(Complete and return this form only if you wish to withdraw from the contract)
To Newell Rubbermaid UK Services Ltd, an English company (registration No 02933327), whose registration office is at Halifax Avenue, Fradley Park, Lichfield, Staffordshire, WS13 8SS, UK
Telephone: 0800 012 1329
Email: NUKshop@newellco.com
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date
[*] Delete as appropriate