Terms and conditions

THIS SITE IS OWNED AND OPERATED MAMA NATURAL. THIS PAGE TELLS YOU THE TERMS AND CONDITIONS WHICH APPLY TO THE USE OF THIS SITE, WHETHER AS A GUEST OR A REGISTERED USER

Information about us
1.1 1.1 We are Mama Natural Limited and we operate this Site www.mamanatural.co.uk. Mama Natural Limited (Mama Natural) is registered in England and Wales under company number 9311269 (registered address: Parkhill Business Centre, Walton Road, Wetherby, LS22 5DZ). Our VAT number is 199 7167 40.
1.2 Our contact details are:
Email: info@mamanatural.co.uk
Telephone: UK 0800 0126257
1.3 Mama Natural is in the process of becoming a registered trademark
2. Application & Termination
2.1 By accessing this Site you are agreeing to be bound by these Terms and Conditions, along with all applicable laws and regulations. If you do not agree to be bound by any of these Terms and Conditions then please do not use this Site.
2.2 These Terms and Conditions apply to you upon your accessing this Site.
2.3 These Terms and Conditions may be changed or terminated by Mama Natural without prior notice, for any reason and at any time. You agree that Mama Natural has no obligation to inform you of these changes and that it is your responsibility to establish whether the Terms and Conditions have been so changed. If you disagree with any changes then you must stop using this Site immediately.
2.4 The provisions in these Terms and Conditions shall survive any termination.
Use of the Site
3.1 The Site Owner does not make any warranty or representation that information on the Site is appropriate for use in any jurisdiction (other than Great Britain). By accessing the Site, you warrant and represent to the Site Owner that you are legally entitled to do so and to make use of information made available via the Site.
3.2 This Site is for personal and non-commercial use. You must not use any materials contained in the Site except to the extent necessary for your own personal use.
3.3 Where this Site contains bulletin boards, chat rooms or other message or communication facilities (collectively ‘Forums’), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum you shall not do any of the following:
3.3.1 defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3.3.2 publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
3.3.3 upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
3.3.4 upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer.
3.3.5 delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
3.3.6 falsify the origin or source of software or other material contained in a file that is uploaded.
3.3.7 advertise or offer to sell any goods or services, other than if it has been agreed by Mama Natural in writing in advance.
3.3.8 conduct or forward surveys, contests or chain letters.
3.3.9 download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner. You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences and other communications by other users are not endorsed by Mama Natural, and such communications shall not be considered reviewed, screened or approved by Mama Natural. Mama Natural reserves the right, for any reason, to remove without notice any contents of the Forums received from users including, without limitation, bulletin board postings. Mama Natural reserves the right to deny, in its sole discretion, any user access to this Site or any portion thereof without notice.
How we use your personal information
4.1 We only use your personal information in accordance our Privacy Policy. For details, please see our Privacy Policy.
Persons under the age of 18
5.1 If you are under 18 years of age you agree that you have had your parents’ permission to send any information to us about yourself or anyone else over the internet.
5.2 Mama Natural makes no representations or warranties to the effect that the contents of this Site are suitable for people under the age of 18.
Registration
6.1 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
6.2 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
6.3 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
7. SERVICE ACCESS

7.1 While we endeavour to ensure that this Site is normally available 24 hours a day, we will not be liable if for any reason this Site is unavailable at any time or for any period.
7.2 Access to this Site may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
8. LINKS TO AND FROM OTHER SITES

8.1 Mama Natural may provide a link from its own Site to other Sites. However, you agree that Mama Natural has no control over these Hypertext Links or third party Site content (or any other third party link or Site) and that you use these links entirely at your own risk.
8.2 Mama Natural has no responsibility or liability for the content or any policies of any Hypertext Links or third party Site content (or any other third party link or Site) as mentioned in the point above.
8.3 No hypertext links shall be created from any Site controlled by you or otherwise to this Site without the express prior written permission of the Site Owner. Please contact us if you would like to link to this Site or would like to request a link to your Site.
9. FORMING THE CONTRACT

9.1 Our order process allows you to check and amend any errors before submitting your order to us. Please ensure you read and check your order through each stage of the order process.
9.2 Our acceptance of your order will take place when your payment for the whole price of the goods has been cleared into our bank account. We will confirm acceptance to you by sending you an email that confirms that the products have been sent to you. Our acceptance of your order brings into existence a legally binding contract between us.
9.3 If we are unable to supply you with a product you have ordered (for example because the product is not in stock, no longer available or due to an error in the price) we will inform you by email and we will not process your order. If you have made a payment for the product, we will refund the full amount.
10. WHO HAS RIGHTS UNDER THIS CONTRACT

10.1The Contract between You and Us is personal to You. You may not transfer the Contract to anyone else. No one other than You or Us will gain any rights under the Contract.
10.2 We may transfer the Contract to any person or ask any person to fulfil any aspect of it so long as the performance of the Contract is not affected.
11. UPDATES TO THESE TERMS AND CONDITIONS

11.1We reserve the right to change these Terms and Conditions and will do so from time to time by updating this posting.
11.2Every time you wish to order Products, please review the current Terms and Conditions, because the Terms and Conditions in force at that time will apply to the Contract between you and us.
11.3Whenever we revise these Terms and Conditions we will state that this page has been amended and add the amendment date at the top of this page.
12. NOTICES

12.1Unless otherwise expressly stated in these Terms and Conditions, all notices from You to Us must be in writing and sent to info@mamanatural.co.uk
12.2 All notices from Us to You will be either emailed to you or displayed on our Site.
13. OUR PRODUCTS

13.1The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
13.2The packaging of the Products may vary from that shown on images on our site.
13.3All Products shown on our site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order if made but instead, refund your order within 48 hours.
14. PRICING

14.1 The prices payable for goods that you order are as set out in our Site
14.2 We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 14.6 for what happens in this event.
14.3 VAT will be charged where appropriate (VAT is not charged on baby clothing, including nappies). When charged, VAT will be shown separately and as part of the total price. We reserve the right to change the VAT rate as required by law.
14.4 Where we charge separately for packing, postage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Site.
14.5 Our prices are reviewed periodically. Any prices shown on the Site are current for the product at that time.
14.6 It is always possible that, despite our efforts, a product on our site may be priced incorrectly. If this occurs we will do the following:
(a) where the Product's correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you.
(b) if the Product's correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or canceling your order.
15. OFFERS AND PROMOTIONAL PRICING

15.1 Offers, discounts and promotion codes can be used for all products on the site, or just those indicated within a communication, with the exception of:
Products or Brands that are excluded from any discount code, i.e. Leander and Nuna Rebl I-Size Car Seat
Products that are already discounted, on offer or reduced from their non sale price
Products bought within a Bundle offer, as these are already discounted offers
15.2 Offers and discounts usually have either a specified date of expiry, otherwise a number of days to expiry is indicated. Only one code is valid per transaction. Promotions can change at any time without notice.
15.3 Free UK delivery on all orders over £60.00
it is only valid for For England, Wales and parts of Scotland. Please see the Delivery section for further details on Delivery and for surchharges related to other areas.
15.4 10% or 12% discount when you spend over £100.00
This promotion is not valid in the following circumstances:
Products or brands that are excluded from any discount code, i.e. Leander and Nuna Rebl I-Size Car Seat
Products that are already discounted, on offer or reduced from their non sale price
Products bought within a Bundle offer, as these are already discounted offers.
In conjunction with any other promotional code
If any items in your order are returned, unless they are faulty and we replace them for you
15.5 Special offers - 10% or 12% discount offers & BLACK FRIDAY OFFERS 
This promotion is not valid in the following circumstances:
Products or brands that are excluded from any discount code, i.e. Leander and Nuna Rebl I-Size Car Seat
Products that are already discounted, on offer or reduced from their non sale price
Products bought within a Bundle offer, as these are already discounted offers.
In conjunction with any other promotional code
If any items in your order are returned, unless they are faulty and we replace them for you

15.6 Win £100 Voucher - This promotion is valid when the order placed is £100 or more and code WIN100 is applied at checkout. 10% discount will also be applied to the order (exclusions apply, please read on) and the order qualifies for Free UK delivery. The 10% discount is not valid in the following circumstances:
Products or brands that are excluded from any discount code, i.e. Leander and Nuna Rebl I-Size Car Seat
Products that are already discounted, on offer or reduced from their non sale price
Products bought within a Bundle offer, as these are already discounted offers.
In conjunction with any other promotional code
If any items in your order are returned, unless they are faulty and we replace them for you


15.6 12% Winter Sale (valid from 26th December to 31st January when you spend over £100.00
This promotion is not valid in the following circumstances:
Products or brands that are excluded from any discount code, i.e. Nuna Rebl I-Size Car Seat
Products that are already discounted, on offer or reduced from their non sale price
Products bought within a Bundle offer, as these are already discounted offers.
In conjunction with any other promotional code
If any items in your order are returned, unless they are faulty and we replace them for you
15.7 Price Match Guarantee
Instances where we would not beat a price are;
If the items advertised are not in stock
If the price quoted is for secondhand goods
If the price quoted is not like for like
If the price is on an auction site such as eBay
If the price quoted is from a Clearance site or on goods which are being liquidated by another retailer
Price Guarantee cannot be claimed against marketplace websites e.g. Amazon or eBay
If the price is advertised on a site that cannot be verified as being an authorised retailer and as such may be selling counterfeit products
If the offer is a promotion e.g.site wide or category generic money off, multibuy, buy one get one free, buy one get one half price, 3 for 2, free gift and discounted gift
If the price requires conditions such as membership or other qualifiers including, though not limited to, discount/coupon codes
Price guarantee cannot be used in conjunction with any other Mama Natural promotion
Mama Natural's decision is final.
16. ORDERING

16.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered.
16.2 You will need to provide us with your email address and we will notify you by email as soon as possible to confirm receipt of your order and to confirm details.
16.3 Our acceptance of an order takes place when we dispatch the order. We will send you a dispatch confirmation by email. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.
16.4 We may refuse to accept an order: (a) where goods are not available; (b) where we are unable to obtain authorization for your payment; (c) if there has been a pricing or product description error; or (d) if you do not meet any eligibility criteria set out in our Terms and Conditions.
16.5 If your item is not in stock, we will order it for you. We will keep you informed as to the status of your order, however should you need to contact us please call us on 0800 0126257, or email us info@mamanatural.co.uk.
17. PAYMENT

17.1 You can pay for products using PayPal or a debit card or credit card.
17.2 Payment for the Products and all applicable delivery charges is in advance.
18. DELIVERY

18.1 Our delivery charges are set out in the delivery and returns section of our Site.
18.2 We will aim to deliver the goods by the date quoted for delivery but delivery times are not guaranteed. If delivery is delayed due to any cause beyond our reasonable control, the delivery date will be extended by a reasonable period and we will contact you.
18.3 Delivery will be completed when the Products are delivered to the address you gave us.
18.4 We cannot accept any liability for any loss or damage to the goods once they have been delivered in accordance with your delivery instructions (unless this is caused by our negligence).
18.5 You will become the owner of the goods you have ordered when they have been delivered to you. Once goods have been delivered to you they will be held at your own risk and we will not be liable for their loss or destruction.

 

18.6 DELIVERY of BAMBIZI and LILIES & LIONS FURNITURE

(a) We will contact you with a delivery update 2 weeks after the initial order. (b) As all our Bambizi and Lilies & Lions nursery furniture ranges are custom-made for you following receipt of your order, we quote 4-8 weeks from receipt of your payment to delivery of your furniture. (c) We accept no responsibility for occasions where delays occur for circumstances beyond our control. We will however keep you updated with an estimated delivery date. (d) Where multiple items have been ordered, we will endeavor to deliver them all together within the longest lead-time quoted, unless a split delivery is requested (in which case an additional carriage charge will be payable). (e) If we need to alter the delivery date for any reason, we will immediately contact you. (f) We will only deliver your goods to the address given to us at the time you place your order unless prior notice of a change has been given to us in writing and agreed by us in writing. (g) The Premier Delivery Service only includes delivery within mainland England and Wales. Delivery to all other locations will entail additional charges (details available on request). (h) Customers outside mainland England and Wales may prefer to appoint their own carriers. (i) You will become the owner of the goods at the time of delivery to your address. (j) Our expert Premier Delivery Service team will carefully install your new furniture in your home, exactly where you want it (subject to access). (k) They will take away all wrappings and packaging. (l) Please bear in mind that some of our products are put together on site for ease of access, so please allow time for our staff to assemble the furniture in your home. (m) All deliveries must be signed for. If you are out when our delivery team arrives, they will leave a contact number for you to call them and re-arrange delivery for a later date. Please note that there is will be an additional delivery charge of £120.00 again for this service. (n) Access to the destination room - It is your responsibility to ensure that the items your client has ordered will fit into the room for which they are intended, that they will fit through all doors, passageways etc. leading to the room, and that there is sufficient access for our delivery vehicle to reach the delivery address. (o) It is your responsibility to advise us at the time of ordering of any physical factors that might hinder delivery. (p) Should you have any concerns over access, please include them in the comments box on the order form, or contact us by email or telephone.

19. IF YOUR ORDER DOES NOT ARRIVE

19.1 Unfortunately, on rare occasions Royal Mail or our courier may fail to deliver on time. If your order has not been received within five working days (standard delivery) or 48 hours (next day delivery) of you having received your dispatch notification email, please telephone us 0800 0126257 so that we can look into the matter.
19.2 If delivery is attempted when you are out, you will receive a card asking you to call to rearrange your delivery or arrange collection from a local depot.
19.3 If your order is being sent by Royal Mail and it has been a week since we emailed you a dispatch notification please also check with your local sorting office. A card should be left to say delivery has been attempted, but on some occasions Royal Mail do not leave a card.
19.4 Should your order go missing in transit please note that Royal Mail has a maximum delivery time of fifteen working days from dispatch. A claim can be made after 2-3 days for Next Day deliveries. We are unable to re-send your order until this time has elapsed, but will keep you informed throughout the process. We will claim for any lost packages on your behalf.
20. CANCELLATION POLICY

20.1 If you are a consumer, you have a legal right to cancel a contract under the Consumer Protection (Distance Selling) Regulations 2000 within seven days of receipt of your goods.
20.2 You will receive a full refund of the price you paid for the products assuming you have informed us within 7 working days of the products being delivered to you.
20.3 We will process the refund due to you as soon as possible and, in any case, within 30 calendar days from the day on which you gave us notice of cancellation as described in clause 20.7 assuming the products are returned as new, unused and with all retail packaging, labels and instructions intact. Unwanted goods must be in a fully saleable condition and in all their original, undamaged packaging. Furniture must NOT have been assembled to be returned as new. There may be a re-stocking charge of 20% for any item that is returned with damaged or incomplete packaging. 20.4 If you are returning the products because they are faulty or mis-described, we will refund the price of the product in full with applicable delivery charges.
20.5 We refund you on the credit/debit card or PayPal account used by you to pay.
20.6 If the Products were delivered to you:
(a) you must return the Products to us within 30 days of your cancellation of the Contract;
(b) unless the Products are faulty or not as described, you will be responsible for the cost of returning the Products to us; The Returns Address is: Mama Natural Ltd, Unit 22, Goldthorpe Industrial Estate, Commercial Road, Rotherham, South Yorkshire, S63 9BL c) you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

20.7 To cancel a Contract, please contact us by sending an email to info@mamanatural.co.uk or by calling 0800 012 6257. If you send us your cancellation notice by email, then your cancellation is effective from the date you sent us the communication. We will confirm your cancellation within 48 hours of receiving the communication. Please contact us if you have not heard within 48 hours to ensure that we have received your cancellation.

 

20.8 CANCELLATION POLICY for BAMBIZI and LILIES & LIONS Furniture 

(a) Since all Bambizi and Lilies & Lions furniture items are made to order to suit your specific requirements, they are not covered by the cancellation rights applicable to readymade goods under the United Kingdom’s Distance Selling Regulations. We will however refund your deposit in full if you cancel your order within 10 days of placing it. After this initial 10-day period, refunds will be offered only in exceptional circumstances, and will be subject to deduction in respect of any costs already incurred. All cancellations must be notified to us in writing.

(b) Defective or incorrect goods. If the goods we deliver are incorrect in type or number, or are damaged or defective, you must notify us in writing within 10 days of delivery. In this event, we will choose either

• To make good any shortage or non-delivery; or

• To replace or repair any goods that are damaged or defective;

or

• To refund to you the amount paid by you for the goods in question, including carriage costs.

We will not be liable to you for any indirect or consequential loss, damage or expenses arising out of any shortcoming notified to us under this heading, and we shall have no liability to pay any money to you by way of compensation other than such refund as may be payable to you under option 3 above.

Please note that shrinkage, swelling, hairline cracks and minor warpage are natural occurrences in wooden furniture, not manufacturing defects, and herefore no claims can be entertained on these grounds.

Our craftsmen make every effort to match grain patterns. However, variations in he natural grain inevitably occur and may therefore be evident in your furniture. A variation in grain pattern is not a defect and therefore does not give grounds for making a claim.


21. CANCELLATION BY US

21.1 We reserve the right to cancel the contract between us if:
a) we have insufficient stock to deliver the goods you have ordered;
b) we do not deliver to your area; or
c) one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
21.2 If we do cancel your contract we will notify you by email and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order.

 

21.3 CANCELLATION BY BAMBIZI or LILIES & LIONS We reserve the right not to accept any order if:

• Bambizi or Lilies & Lions do not deliver to your area;

• One or more of the goods ordered was incorrectly described or priced on the website; If we do cancel your order we will notify you by email and will refund any monies paid to us in respect of the order as soon as possible, and in any event within 30 days of cancellation. We will not be obliged to offer any additional compensation for disappointment suffered.

22. HOW TO RETURN AN ITEM

22.1 It is your responsibility to pack the products you are returning securely to ensure that they are not damaged during transit.
22.2 Please use the returns form that came with your order. If you have misplaced the return form please include a note with your return with the following:
a) Your full name
b) Postal address including postcode
c) Daytime telephone number
d) Email address
e) Order number
f) The reason why you’re returning the product
g) Advise whether you would like an exchange/ credit note or refund
22.3 Send your return item/s to: Mama Natural, Unit 22, Goldthorpe Industrial Estate, Rotherham, S63 9B
22.4 We recommend that you return items via Recorded Delivery as we do not accept responsibility for items lost in the post.
22.5 Timescale for refunds - usually within four working days however on rare occasions it may be up to 30 days.
22.6 Returning products bought as part of a package or promotion
22.7 We shall only be able to offer a replacement or refund at the discounted price.
22.8 Postage costs to return unwanted items - unless the item is faulty then postage costs must be paid for by you.
22.9 If the goods are faulty we will refund the cost of delivery or organise collection for larger items. 

22.10 If you are returning a large item please contact us.
22.11. Do refunds include the delivery cost? Unless the product is faulty we can not reimburse the initial delivery charge.
23. Faulty Goods
23.1 If a product you purchase from us is faulty you can return it for a refund or exchange. Please advise us within 7 days of receipt.< br />23.2 Initial delivery charges will be reimbursed for a faulty item if you tell us within 7 working days of purchase.
27. COMPLAINTS
27.1 If for any reason you need to complain, please contact: Customer Services Tel 0800 0126257 or email us info@mamanatural.co.uk.
27.2 This does not affect your statutory rights.
27.3 Any dispute or claim that either You or Us may bring in relation to or in connection with these Conditions will be decided on the basis of English law by the English courts alone.
28.1Some of the Products we sell to you come with a manufacturer's guarantee. For details of the applicable Terms and Conditions, please refer to the manufacturer's guarantee provided with the Products.
28.2If you are a consumer, a manufacturer's guarantee is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office.
25. Do refunds include the delivery cost?
29.1We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 29.2.
29.2An Event Outside Our Control means any act or event beyond our reasonable control.
29.3If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
30. Disclaimer
30.1 Without prejudice to the statutory rights afforded to purchasers of products, the information and materials contained on this Site, including, without limitation, text, graphics and links, are provided on an ‘as is’ and ‘as available’ basis with no warranty and, in particular Mama Natural does not represent or warrant that the information accessible via this Site is accurate, complete or current, or that use of the Site is free of risk of viruses or other damage.
30.2 Price and availability information is subject to change without notice.
30.3 Products purchased from Mama Natural are warranted in accordance with law and nothing herein is to be taken to exclude or restrict any rights which applicable law grants to consumers in respect of such products. Individual products may be the subject of additional warranties or guarantees given by their manufacturers directly. Such warranties or guarantees are not enforceable against Mama Natural, but only against the manufacturer giving them.
30.4 The quantity of stock shown on this Site for each item is updated on a daily basis so should be used as a guide only and it does not guarantee that stock can be allocated to an order. Whilst Mama Natural will make every effort to ensure the quality shown is accurate, we cannot be held liable for any errors that may occur from time to time with regard to stock availability.
31. Copyright
31.1 All copyright, trademarks and other intellectual property rights in the material or content of this Site shall remain at all times vested in Mama Natural or its licensors.
31.2 The content of this Site is made available to you for the exclusive purposes of displaying to you a selection of the products available from Mama Natural and to give you the opportunity to provide us with contact details so that Mama Natural is able to contact you or send you further information.
31.3 You may only download the content of this Site in the furtherance of the purposes in the point above and to aid you in the viewing of products available from Mama Natural. Any other use of the content of this Site is strictly prohibited.
31.4 You may not, either solely or jointly, with or on behalf of any other third party, directly or indirectly copy, reproduce, transmit, distribute, publish, display, commercially exploit or create derivative works of the content of this Site.
31.5 You may not change in any way any proprietary notices from material downloaded from this Site for your non-commercial personal use.
31.6 By the act of posting materials on this Site you grant Mama Natural and any licensors an irrevocable, perpetual, royalty free worldwide licence to use the said materials in any manner which Mama Natural sees fit. The licence will include broadcasting, editing, copying, distributing and otherwise transmitting the material.
32. Trademarks
32.1 The trademarks, logos and service marks used and displayed on this site are, unless otherwise specified, the trademarks of Mama Natural. No rights are granted to use any of them without the written permission of Mama Natural.
33. Limitation of Liability
33.1 Each of the sub clauses in Clause 5 is to be treated as separate or independent.
33.2 Nothing in Clause 5 shall be deemed to exclude or restrict Mama Natural’s liability for death or personal injury resulting from negligence, any breach of the Consumer Protection Act 1987 or for any matter for which it would be illegal for Mama Natural to exclude or to attempt to exclude liability.
33.3 Mama Natural’s liability for other loss and damage resulting from negligence shall be restricted to the value of the Goods which caused the damage.
33.4 The description of the Goods contained on this Site is deemed to be exhaustive. The measurements, dimensions, weights and shades contained on the Site are an approximate guide only and do not constitute part of the description of the Goods, nor do they constitute representations by Mama Natural.
33.5 You acknowledge that the Site is subject to change at the discretion of Mama Natural and that you will not rely upon the information contained therein.
33.6 You agree to inform Mama Natural in writing, either before or at the time of placing an order with Mama Natural, of any particular purpose for which the goods are being purchased. In the absence of such written notification Mama Natural is deemed not to have notice, whether express or implied, of such purpose.
33.7 Save as expressly stated herein, all Warranties and Conditions, whether expressed or implied by statute (including in particular Section 13, 14 and 15 of the Sale of Goods Act 1979), usage, trade custom or otherwise relating to the quality or nature of the Goods or their life, wear or fitness for any particular purpose or use under any specific conditions are hereby expressly excluded.
33.8 You agree that you will not make any representation regarding the quality, safety or performance of the Goods to third party purchasers unless such representations are specifically made to you by Mama Natural in writing.
33.9 You warrant that you will not make or allow any third party to make modifications or alterations to the Goods other than in accordance with Mama Natural’s specific written instructions.
33.10 You will indemnify Mama Natural against any liability suffered by Mama Natural attributable to an act or omission by you.
33.11 In the event that Mama Natural is threatened with or involved in any legal action, whether civil or criminal, (‘The Action’), concerning Goods supplied to you by Mama Natural:
33.12 you will, on receipt of a written demand from Mama Natural, make any of the Goods available to Mama Natural for inspections at such times as Mama Natural may reasonably request and deliver to Mama Natural copies of all documents in your custody, possession or control relating to the Goods concerned which are relevant to The Action.
33.13 you will assist Mama Natural in avoiding or defending the action, or minimising the damage resulting from the action.
33.14 Subject to Clause 5.2 Mama Natural shall not be liable for any consequential or indirect loss suffered by you whether this loss arises from breach of a duty in contract or tort or in any other way (including loss arising from Mama Natural’s negligence), whether expressed or implied.
33.15 Mama Natural’s total liability for all claims arising out of any one contract shall not exceed the contract price.
34. Indemnity
34.1 You agree to keep Mama Natural indemnified against all actions, claims, costs, expenses (including all legal costs) and damages brought against or suffered by Mama Natural arising out of any breach of these Terms and Conditions or any activity relating to your use of the Site (including negligent or wrongful conduct) by you or any other person accessing the Site using your name or any other name with which you have registered under this Site.
35. Law and Jurisdiction
35.1 These Terms and Conditions shall be governed by and construed in all respects in accordance with English law and the parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction in respect of any dispute, suit, action, arbitration or proceedings which may arise out of or in connection with these Terms and Conditions, provided that Mama Natural has the right, at its sole discretion, to commence and pursue proceedings in any other jurisdiction or jurisdictions whether concurrently or not.
36. General
36.1 If You or Us do not immediately enforce part of this Contract, or enforce one breach of it, this will not prevent either You or Us from enforcing the particular breach or a later breach.
36.2 If at any time any one or more of the Sections of this Contract becomes void or unenforceable for any reason under any applicable law, then that Section shall be removed from the Contract for so long as it remains void or unenforceable, but the remaining Sections of the Contract shall not in any way be affected or impaired as a result of that removal.
39. Birth Pool Health & Safety
39.1 You must, upon receipt of a birth pool and any other related items, read carefully any safety warnings and follow clearly any guidelines on how to use these products. If You are in any doubt about the use of a birth pool and any other related items, the meanings of any warnings, or whether your intended use of a birth pool or any other related items are safe, We urge You to contact the manufacturer for clarification prior to use. We will not be held responsible for any negligent use or misuse of the birth pool and any related items. Nothing in the Conditions should be thought to supersede, or to alter, or take precedence over manufacturers' instructions.
40. Obligations on You for use of a birth pool
39.2 You must:
a) ensure that all births are attended by experienced birth professionals;
b) take full responsibility for the manner in and purpose for which a birth pool is used;
only use the birth pool indoors;
comply with the manufacturer’s reasonable instructions