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Terms & Conditions

 

1 Agreement to Terms and Conditions (the “Terms”)

1.1 Introduction
1.1.1 “we”, “our” and “us” mean Baby Mori Limited, a company registered in England and Wales with company number 09142230 and registered office address at Unit 1 Spectrum House, 32-34 Gordon House Road, London NW5 1LP. Our UK VAT number is 203366832.

1.1.2 “you” and “your” mean you, the customer.

1.1.3 The websites www.minimori.com and www.minimori.com ("the Website") are owned and operated by Baby Mori Limited, trading as MORI.

    1.2 Acceptance of the Terms
    1.2.1 Your use of the Website and purchase of products from the Website is subject to the Terms at all times. By accessing the Website you are agreeing to the Terms set out below. If you do not agree to the Terms, you must exit the Website immediately.

    1.2.2 If you are under eighteen (18) years of age, you cannot place an order for any products through the Website.

      1.3 Changes to the Terms
      1.3.1 We reserve the right, with or without notice to you, to change the Terms at our sole discretion. The Terms applicable to your access and use of the Website will be the version that is current and displayed on the Website as at each date you access the Website. Your use of the Website after changes are made means that you agree to be bound by such changes.

        1.4 Accounts and Billing
        1.4.1 Specific details regarding your subscription with Baby Mori Limited, including your next scheduled parcels, can be obtained by logging into your account.
          1.5 Other Applicable Terms 
          1.5.1 Please refer to our Privacy and Cookies Policy to see how we collect, use and protect your personal information.

            2 Website Use

            2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Website. You also agree not to interfere with the servers or networks underlying or connected to the Website or our services or to violate any of the procedures, policies or regulations of networks connected to the Website.

            2.2 All content and programming of the Website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the Website without our written permission. Use of the Website is restricted to personal and non- commercial use only.

            2.3 You agree not to impersonate any other person or use a false name or a name that you are not authorised to use while using the Website

            2.4 You may not use the Website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.

            2.5 You are responsible for ensuring your computer system meets all the necessary technical specifications to enable you to access and use the Website and is compatible with the Website. 

            2.6 You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so. 

            2.7 We may, from time to time, restrict access to certain features, parts or content of the Website, or the entire Website, to users who have registered with us. 

            2.8 The information contained in the Website is for general information purposes only. We endeavour to keep the information contained on the Website (other than User Material (as defined in clause 3.2 below)) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the Website, please contact us at hello@babymori.com. 

            3 Intellectual Property Rights 

            3.1 Website
            3.1.1 All intellectual property rights in or relating to the Website (including our text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except where you are given a non-exclusive licence to use the intellectual property rights that you need to enable you to use the Website in accordance with the Terms, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the Website. 

              3.2 External Links 
              3.2.1 From time to time the Website may include links to websites of third parties (“external parties”) that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the external site(s). We assume no responsibility for the content, privacy policies or operation of such linked external site(s), or for anything provided (or not provided) by the third parties controlling such linked external site(s). 
              3.2.2 If you create a link to the Website and we want you to remove it, we reserve the right to ask you to do so.

                3.3 Trademarks 
                3.3.1 MORI, BABYMORI, the MORI logo and the MORI MASCOTT are trademarks of Baby Mori Limited. MORI is also pending registration as a Community Trademark under number 013581756

                  4 Availability of the Website 

                  4.1 Although we aim to offer you the best service possible, we make no guarantee that the Website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us at hello@babymori.com (see below for contact details) and we will correct the fault as soon as we reasonably can.

                  4.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that the Website is unavailable, our usual order and cancellation deadlines apply.


                  5 General Product Purchases

                  5.1 Details of individual products are available for purchase (including their price) are set out on the Website. We take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information is placed onto the Website. As our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on the Website will have a tolerance of 5%. Although every effort is made to keep the Website as up to date as possible, the information appearing at a particular time may not always reflect the position exactly at the moment you place an order.

                  5.2 We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate

                  5.3 The packaging of the products may vary from that shown on the Website

                  5.4 We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Website is void where prohibited

                  5.5 The price displayed for products does not include postage or delivery charges.

                  5.6 Formation of Contract
                  5.6.1 You offer to purchase products from us through the Website. Your offer is made by completing and submitting your order on the Website which includes providing your payment card details.

                  5.6.2 We will accept or accept your offer within 3 days of receipt of your order

                  5.6.3 Our acceptance of your order will take place when we e-mail you to accept it by providing you with an order confirmation and order reference number, at which point a contract will come into existence between you and us.

                  5.6.4 We will e-mail you again to confirm that the products you have ordered have been dispatched

                    6 Free or Discounted Offers 

                    6.1 Free or discounted introductory offers are only available to new users of the Website. Except where expressly stated, previous users or trialists of the Website do not qualify for an additional special offer.

                    6.2 Except where otherwise stated, free or discounted offers are available only once to any one person.

                    6.3 Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.

                    6.4 You must have internet access and valid payment details to redeem a free or discounted offer. 
                    6.5 Except where otherwise stated, free or discounted offers can only be used on full priced items.

                    7 Joining Us 

                    7.1 In order to subscribe to products from the Website, you must first register to set up an account with us by completing the registration form on the Website. The purchase of individual products can be done either via guest checkout or completing registration.

                    7.2 In order to register an account you must be an individual and agree to comply with the Terms.

                    7.3 When signing up you need to provide:
                    7.3.1 your full name; 
                    7.3.2 a valid email address; 
                    7.3.3 your delivery address; and 
                    7.3.4 your payment card details. 

                      7.4 When signing up you will also be asked for the actual or expected birth month of the baby should you have this information available 

                      7.5 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes. 

                      7.6 We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever. 

                      7.7 You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach. 

                      8 MORI Sleep Club

                      8.1 When you subscribe to our MORI Sleep Club on the Website you will be signed up to receive a regular delivery of our products (every month). You can manage and make changes to your orders at any time. Please see the “managing my orders” section of our FAQs for more details. Gift cards cannot be redeemed against the purchase of a Sleep Club Membership.
                      8.2 You may submit orders online at any time after you have created an account. The Website allows you to review your order and make any corrections before submitting it to us and by submitting the order you confirm that you have made any such corrections.

                      8.3 Your submission of an order amounts to an offer to enter a contract to buy the products from us; you cannot then withdraw or cancel your order except as specifically stated in the Terms.

                      8.4 An order is not accepted from you until the Website displays an order confirmation message. 

                      8.5 We select the contents of your parcels based on the child’s birth / expected birth date which you are required to provide. We reserve the right to not send certain combinations of products together in our parcel.

                      8.6 We reserve the right to change the fees for any services, at any time. We agree to notify you at least 14 days in advance of any change in fees. Please note that you can cancel monthly memberships at any time.

                      8.7 Annual membership cannot be cancelled or refunded within the first year of taking the subscription out and will auto-renew annually unless cancelled. Cancellation requests must be made by contacting hello@babymori.com. You remain responsible for ensuring that any such change or cancellation is not only transmitted by you, but received by us, one month before the end of your annual membership.

                      9 Gift Cards

                      9.1 Gift cards purchased on minimori.com can only be redeemed at minimori.com and gift cards purchased on minimori.com can only be redeemed at minimori.com

                      9.2 Please keep your gift card safe and treat it as cash; we cannot replace lost cards. 

                      9.3 Gift cards cannot be exchanged for cash or refunded.

                      9.4 The gift card shall be valid for two years from the date of purchase

                      9.5 If you are using a gift card online and the order value is less than the value of the card, any balance will remain on the card and may be applied to future purchases, provided that the card has not expired.

                      10 Payments

                      10.1 The price of products is as quoted on the Website and include VAT charges

                      10.2 We take payments by continuous payment authority

                      10.3 If your payment details change, your card provider may provide us with updated card details. We may use these new details for your future parcels in order to help prevent any interruption to the service. If you would prefer to opt out from this service, please contact us at hello@babymori.com

                      10.4 You agree not to hold us responsible for banking charges incurred due to payments on your account. 

                      10.5 Goods are subject to changes in supply levels, supply prices and currency fluctuations. We reserve the right to change the fees for any services at any time. We agree to notify you at least 14 days in advance of any change in fees. Please note that you can cancel at any time (see section 12 below).

                      11 Delivery and Return 

                      11.1 MORI purchases can only be delivered free of charge to addresses within the United Kingdom, including Northern Ireland (excluding PO Box addresses and BFPO addresses), the European Union and the United States of America. 

                      11.2 Some international deliveries will incur import duty and tax. We recommend you contact your local customs authority to determine any applicable charges prior to purchase completion.

                      11.3 Purchases are delivered by either local postal services or courier. Actual delivery times may vary for you depending on: 
                      11.3.1 our stock availability; 
                      11.3.2 your delivery address;
                      11.3.3 when you make your selection; and 
                      11.3.4 circumstances impacting delivery by the postage service or courier. We reserve the right to use alternative delivery methods without prior notification. 
                      11.3.5 You will not hold us responsible for any delays, outside our control, which relate to the delivery of parcels.
                      11.3.6 Orders placed on weekends or public holidays will be processed on the next business day. Business days are Monday to Friday, excluding bank holidays in England and Wales.

                        11.4 It is your responsibility to report all lost or undelivered purchases online within 7 days at hello@babymori.com

                        11.5 Customers are obliged to comply with the local postal service or courier’s claim compensation process or our process. Failure to comply with these processes, as amended from time to time, will result in no credit being made in respect of such undelivered purchases.

                        11.6 If you change address, you must update your address details in the relevant section of the Website to ensure that no purchases are sent out to the wrong address. Please ensure this is done in time to take effect prior to changing your address, as you will not be refunded for any purchases posted to the wrong location.

                        11.7 We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.

                        11.8 If you are dissatisfied with any product you receive from us, please contact our customer services team on hello@babymori.com or on +44 (0) 208 065 1102 for details on our returns process. Items or orders you would like to return should be sent back us within 30 days of your order being dispatched. UK customers can make returns free of charge. If we request a return by recorded delivery we will pay for the cost of the postage on provision of the postage receipt. If outside the UK the postage cost of the return is the responsibility of the customer. If the fault is agreed, a full refund will be given for the returned goods. Nothing in this section affects your legal rights.

                        12 Title and Risk

                        12.1 You will own the products once we have received payment in full of the price

                        12.2 The products will become your responsibility from the time we deliver the products to the address you provided us

                        13 Proof of Purchase for a Warranty Claim

                        13.1 Please keep your order confirmation email as your proof of purchase in case it is needed for a warranty claim.

                        13.2 For assistance with a warranty claim, please contact our customer services team at hello@babymori.com or on +44 (0) 208 065 1102

                        14 Cancellation 

                        14.1 You have a legal right of cancellation otherwise known as “cooling off period” for 14 days starting the day after you receive the products.
                        14.1.1 However, this cancellation right does not apply in the case of any personalised products

                        14.2 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under the Terms. If we terminate your use of our service as a result of a breach of any obligation under the Terms, such termination would be immediate and may be without notice.

                        15 Privacy 

                        15.1 We collect personal information about you through your use of the Website and our services. All information that we collect about you is subject to our Privacy and Cookies Policy. 

                        16 Limitations on Liability 

                        16.1 Nothing in this clause or otherwise in the Terms shall exclude or in any way limit our liability for: 
                        16.1.1 fraud or fraudulent misrepresentation; 
                        16.1.2 death or personal injury caused by our negligence;
                        16.1.3 breach of any obligations implied by section 12 of the Sale of Goods Act
                        1979 or section 2 of the Supply of Goods and Services Act 1982; 
                        16.1.4 under Part I of the Consumer Protection Act 1987; or 
                        16.1.5 any other liability to the extent the same may not be excluded or limited as a matter of law.

                          16.2 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards office or Citizens Advice Bureau.

                          16.3 Subject to clause 18.1, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights. 

                          17 Applicable Law 

                          17.1 Your use of the Website is governed by the Terms and construed and enforced in accordance with the laws of England. Disputes arising from your use of the Website and the services we provide are subject to the non-exclusive jurisdiction of the courts of England and Wales. 

                          18 Assignment by Us 

                          18.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under the Terms. The Terms are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under the Terms. 

                          19 Accounts are Non-Transferable

                          19.1 Accounts with Baby Mori Limited are not transferable and therefore cannot be sold or traded.

                          20 No Waiver 

                          20.1 If we delay exercising or fail to exercise or enforce any right available to us under the Terms, such delay or failure does not constitute a waiver of that right or any other rights under the Terms. 

                          21 Force Majeure 

                          21.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website or our services, or for any failure by us to comply with the Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control. 

                          22 Third Party Rights
                          22.1 Nothing in the Terms confers on any third party any benefits under the provisions of the Contracts (Rights of Third Parties) Act 1999. 

                          23 Contacting us 

                          23.1 If you have questions about the Terms or an order you have placed, please contact us at hello@babymori.com, on +44 (0) 208 065 1102 or write to us at:  Unit 1 Spectrum House, 32-34 Gordon House Rd, Highgate, London, NW5 1LP

                          24 Baby MORI November Competition

                          24.1 If you enter in this customer Competition during the Prize Draw Period (defined below) you will be automatically entered into the Prize Draw, and bound by these terms and conditions. This Prize Draw is operated by Baby MORI Limited (‘Operator’).  Any dispute arising in connection with the Prize Draw or these terms and conditions shall be governed by the laws of England and Wales. If you do not wish to be entered into the Prize Draw, you may opt out by emailing us at hello@babymori.com. To enter the Prize Draw, you must enter before 11:59 PM GMT on 17th November 2019 (the “Prize Draw Period”). Only one entry is allowed per person. One winner will be selected by the Operator at random using an automated system. The Operator’s decision is final. The winner will receive £500/$500 MORI gift card. This prize is not transferable and there is no cash alternative. The prize must be spent before 11:59PM GMT, 18 May 2020. The winner will be contacted using the email address provided by the individual when they entered the Competition. We will contact the winner by 11:59PM GMT, 18th November 2019 and provide the prize within twenty-one days of the closing date of the Prize Draw. If we do not receive a response from any winner within 10 calendar days of contacting them, we will select another winner from the valid entries. The winner must confirm their full name and address before they can receive the prize. You must be 18 or over to be eligible to enter the Prize Draw. Employees of MORI, their families and employees of associated companies are not eligible for entry into this Prize Draw. The Operator reserves the right to cancel, modify or supersede the Prize Draw (including altering prizes) at any time if, in its sole discretion, if the Prize Draw cannot be conducted as specified. 

                          25. Black Friday Sale 2019

                          25.1 Up to 60% off our Kindness Sale, when you make a Kindness Pledge get an extra 20% off the sale with your code. Prices shown include an extra 20% off. Not valid in conjunction with any other offer. Valid at minimori.com.