Issued June 2012
Welcome to the "www.thebaobabtree.co.uk" website (the "Website") Terms and Conditions. The Baobab Tree ("Baobab Tree", "we", "us" or "our") provides the services available on the Website. Your use of this Website is governed by these Terms and Conditions set out below. By using any part of this Website, you agree to be bound by the Terms and Conditions. If you want to ask us anything about these Terms & Conditions or have any comments or complaints on or about our website, please email us at email@example.com or call us on 0845 388 1475 (10am–6pm Monday to Friday) We may change these Terms & Conditions from time to time without notice to you. Please check back regularly to review these conditions. We retain the right to:
modify or withdraw, temporarily or permanently, this 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.
This site is owned by The Baobab Tree, our address is199 Peppard Road, Emmer Green, RG4 8TS.
Contract and order acceptance
The steps required to create the contract between you and us are as follows:
You place your order request for goods from the website by clicking on the confirm order button at the end of the on-line order process. You will be guided through the process of placing an order by a series of simple instructions on the website.
Once you have placed your order, we will send to you an acknowledgement providing you with a payment reference and the value of your order. This is not an order confirmation or order acceptance from The Baobab Tree.
Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation section of the Site, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy & Procedure.
The sales contract is completed in English.
We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment or if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time.
If there are any problems with your order, you will be contacted by us.
Use of this website
Your account can be cancelled at any time by contacting us on the following number (open 10.00am to 6pm, Monday to Friday) 0845 388 1475 or firstname.lastname@example.org
You are able to correct errors on your order up to the point at which you click on ‘submit’ on the final page of our ordering process.
Product description and pricing
Each product purchased is sold subject to its product description. Most of our products are handmade and therefore unique. Every care has been taken to ensure that descriptions, prices and specifications are correct at the time when the relevant information was entered onto the system. Whilst the colour reproductions of the products is a close representation, we cannot accept liability for any variation in colour caused by the browser software or computer system used by you.
All prices indicated for products available via the Website are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered plus VAT and delivery charges as set out in the Delivery section of the Website. Payment can be made by any of the methods specified in the Payment section of this Website. All prices are quoted in pounds sterling (£). Prices are valid until further notice and are subject to change.
We aim to deliver your order within 10 working days for products that we hold in stock. However please look at each individual products to see the expected delivery times. For our bespoke pieces we aim to deliver within 12 weeks, subject to an appropriate product being found. Delivery times & costs are specified in the delivery section of the website.
Standard delivery charges for postage and packaging are based on weight:
Up to 2kg - £2.50
2kg- 10kg - £5.95
Over 10kg – Complimentary delivery
Please note that deliveries are made during working hours and will require a signature.
The Baobab Tree does not accept any liability whatsoever for delayed delivery caused by any third party.
Upon receipt of the goods you must inspect the goods and you will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Procedures. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected
Payment and security
We accept all major credit cards via PayPal. PayPal is a trusted and established online payment solution. It enables you to securely and easily send and receive payments online using your credit card or bank account. PayPal utilizes the world's most advanced proprietary fraud prevention systems to keep your details safe, uses them only when you say so and will not share your details with anybody else.
You can also place your order by post sending a cheque made payable to The Baobab Tree, 199 Peppard Road, Emmer Green, Reading, RG4 8TS. Please make sure that your cheque guarantee number, expiry date and address are on the back of the cheque along with the product reference. We will also need a telephone number or email address if we need to speak to you about the order placed. Please allow an extra 7 days on delivery time for cheque clearance.
You confirm that the debit/credit card that is being used is yours & you have registered to use the Website.
You warrant that the personal information which you are required to provide when you register as a customer is true, accurate and current in all respects.
Our guarantee to you
We endeavor to display all items in our current range. However due to the unique nature of the products, pictures may be shown on the website of goods offered which have actually been sold. If this is the case then you will receive a phone call or email to let you know the current status and where possible offer an alternative solution. We aim to update the website regularly in order to ensure you are not disappointed.
The Baobab Tree website is provided 'as is' without warranties of any kind, either express or implied, including, but not limited to, implied warranties of title, satisfactory quality and fitness for a particular purpose. The Baobab Tree makes no representation or warranty as to the accuracy, reliability, timeliness or completeness of any material on or accessible through the Baobab Tree website. Any reliance on or use of such material shall be at your sole risk. The Baobab Tree makes no representation or warranty that The Baobab Tree website will be available on a timely basis or will be uninterrupted or error free, that defects will be corrected, or that The Baobab Tree website or the servers that makes them available are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
In no event shall The Baobab Tree be liable for any incidental, indirect, loss of profit, special or consequential damages, arising out of the use of or inability to use The Baobab Tree website, even if The Baobab Tree or an Baobab Tree authorised representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall The Baobab Tree total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the amount paid by you, if any, for using or accessing this site.
You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable legal fees, resulting from any third party claim, action, or demand resulting from your use of the website. You also agree to indemnify us for any loss, damages, or costs, including reasonable legal fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
Third party links
The Baobab Tree will not be responsible nor liable for your use of any other websites which you may access via links within this website. The Baobab Tree does not control these websites and is not responsible for their content. These third-party links are provided for your convenience only and are accessed at your own risk.
Intellectual property right and right to use
This website and all the materials contained in it are protected by intellectual property rights, including copyright, and either belong to us or are licensed to us to use. Materials include, but are not limited to, the design, layout, look, appearance, graphics, documents, on the website, as well as other content such as articles, reports, presentations, stories, logos, trade marks (registered or unregistered) and other text.
You may not copy, redistribute, republish, modify or otherwise make the materials on this website available to anyone else without our consent in writing.
You may print or download materials from this website for your non-commercial use or copy the content to other individuals for their personal information provided that:
no materials are modified in any way;
no graphics are used separately from accompanying text;
our copyright and trade mark notices appear in all copies and you acknowledge this website as the source of the material;
and the person to whom you providing these materials are made aware of these restrictions.
Governing law & jurisdiction
Your use of this Website and any purchase by you of any goods from The Baobab Tree shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.
No person who is not a party to these terms and conditions shall have any right to enforce any term under the Contracts (Rights of Third Parties) Act 1999. Nothing in these conditions is intended nor shall affect any of your statutory rights that may not be legally excluded.