TERMS & CONDITIONS

Please read the Terms & Conditions carefully before placing an order. By placing an order you agree to the terms and conditions.

Access to and use of our Web Site berggokart.co.uk owned by Toys Direct a brand of Howard SW ltd. and the sale and purchase of products from the Site are governed by the terms and conditions of use and the terms and conditions of business (together “terms and conditions”) set out below.

If you do not wish to accept these terms and conditions, please do not use this Site.

The website berggogart.co.uk is a owned and operated by Toys Direct/Howard SW ltd. a company incorporated under the laws of England with company number 4456384. Howard SW ltd. registered office; Burlands Lodge, Langford Lane, Staplegrove, Taunton TA2 6SN. VAT Number 728766292.

Your statutory customer rights are not affected

Purchase Terms
We require all orders to be paid for in full at the time of placing them.

1. Prices
The prices payable for goods & services are set out on our site in Pound Sterling and include UK VAT.

2. Out of stock items

In the unlikely event that your order is out of stock, we will notify you with the option to cancel or change the item. Please be aware re-stock times can vary and can be up to 4 weeks.

3. Your right to cancel

Stock Items. Can be cancelled up to the point of dispatch.

Sale Items. Can be cancelled up to the point of dispatch. We are unable to offer any refunds after this point.

Dispatched Items
Once goods have been dispatched we are unable to cancel them. If you wish to return goods you may do so within 14 days after the day of delivery – see below.

14 Day Return Policy
Upon receipt of your delivery we offer a 14 return policy. All you have to do is email us sales@mollyannes.com. If you cancel your order after it has been dispatched, you must return the goods to us at your expense.

Cancellation and Returns after dispatch
If you refuse delivery from our carrier you will be responsible for the return charge of these goods and their condition in transit.
If you cancel within the 14 day period, you must ensure that all goods returned to us are packaged in the original packaging and unopened as well as adequately protected against damage when returned. If you fail to return the goods, or you request an uplift, we will collect them. We will charge you the full cost of collection. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration OR you have assembled a product which cannot then be returned in its original condition, we will charge you for the reduction in value.

4. Faulty items
In the unlikely event that your product is faulty you must notify our sale/customer service department within 48 Hrs of receipt by e-mail to sales@berggokart.co.uk
We will, initially, arrange for replacement parts to be sent out to you. If we feel that this is inappropriate we will arrange a collection & inspect the faulty items. If we find the goods faulty we will arrange a replacement or a full refund.

Your Rights
Our cancellation policy does not affect your legal rights.

5. Our right to cancel
Molly Anne a trading name of Howard SW ltd reserves the right to cancel the contract between us if:
a). The goods you have ordered are unavailable or have been discontinued.
b). We are unable to provide a delivery to your address.
c). The goods have not been paid for or we suspect that payment has been made fraudulently.
If we cancel your contract we will notify you by email and provide a full refund. We will not be obliged to offer any additional compensation for any inconvenience or disappointment caused.

6. Delivery
Delivery is free on all orders unless specified at time of purchase.

We CANNOT deliver outside the UK
Unfortunately, we are UNABLE to deliver to the following UK areas: Northern Ireland, Isle of Man, Channel Islands, and Scottish Islands.
Your order will be delivered to the address you provide at the time you place your order.

It is your responsibility to ensure this information is correct. If your delivery details change please contact our customer service department by email. Once goods have been dispatched we cannot change delivery details.

Deliveries are usually made within 5 – 14 working days. But some items can take longer to deliver.

We cannot give a precise time for delivery.

Please ensure someone is available to receive your order at the nominated address. Failed deliveries will be returned to the Depot for re-delivery. The cost of depot return and redelivery will be charged within any credit due or prior to re-delivery.

Please note we do NOT offer timed delivery slots.
Where you have ordered multiple items we reserve the right to dispatch them separately. All goods remain the property of Molly Annes owned by Howard SW ltd until they have been delivered to you. Once the goods have been delivered to the address nominated in your order they will be held at your own risk and we will not be liable for their loss or destruction.

7. Our Liability
In the unlikely event that your delivery is incorrect or faulty we require you to notify us within 48 hrs of receipt.
At our discretion we may then do one of the following:
a). Make good any shortage or non-delivery.
b). Following a collection & inspection replace damaged or defective products.
c). Provide a refund for the amount paid by you for the goods in question.

8. Limitations of our liability to you
You are responsible for observing and complying with all applicable regulations and legislation which affect your purchase and subsequent use of our goods.

To the extent that law permits us to do so, we exclude all our liability to you for any direct, indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem relating to the goods you buy from us, other than the remedies listed in our liability to you.
If a court does decide we are liable to pay you compensation, that compensation will be limited to the amount paid by you for the goods in question.
Please note that nothing in this section of these terms and conditions (or in any other section) is intended to limit any rights you might have as a consumer or other statutory rights that may not be excluded by law, nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence or fraudulent misrepresentation.

9. Important points
Events beyond our control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our control.

Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
We don’t supply any customer information to a third party unless for delivery reasons.

Third party right
A person who is not a party to this contract has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

Governing law
The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

10. 14 day satisfaction guarantee terms & conditions
All returns must be authorised by our sales/customer service department. You can obtain authorisation to return an item by emailing us within 14 days, starting the day after the item was delivered.

Once we have received an email confirmation of your return request you will be assigned a RETURN AUTHORIZATION NUMBER. It is your responsibility to ensure that all goods are well packaged to prevent damage in transit back to our warehouse. Please be aware that any item returned damaged in transit may be rejected, resulting in your right to a refund being waived.

Customers Own Carriers
Customer using their own carriers will need to ensure goods are received by us no later than 14 days from the date of the original delivery.
Molly Annes owned by Howard SW ltd. will not take any responsibility for damaged or lost items by 3rd party carriers or their partners. The ownership & responsibility of any item / Items being returned by the customer will remain their responsibility until the item has been signed for by one of our warehouse team. Molly Annes owned by Howard SW ltd also reserve the right to deduct any outstanding administration fees from the final refund that may occur if the consumer has not paid an appropriate or adequate return carriage fee. We strongly recommend that customers insure any item they are returning to us to cover for any eventuality.

Exclusions to 14 Day Return Policy
All special order items, one-offs & sale products are non-returnable and are not subject to our 14 day return policy.

11. Linked Sites
We are not responsible for the content of any off-site pages or any other sites linked to the Site nor have we reviewed any such site. If you link to any off-site pages or other sites without our prior written permission, such action will be at your own risk. We cannot be held responsible for the contents of any website which is electronically linked to the Site and which is not maintained by us.

The berggokart.co.uk is owned by Toys Direct a brand owned by Howard SW Limited

Registered & company address Burlands Lodge, Langford Lane, Staplegrove, Taunton TA2 6SN Telephone 01823 451800

Reg. No. 4456384