Terms and Conditions

These Terms will apply to the use of this Website and any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before you use this Website. By accessing this Website and/or placing an order, you agree to be bound by these Terms. Using this Website indicates that you accept these Terms regardless of whether or not you choose to register with us or order from us. If you do not accept these Terms, do not use this Website. These Terms, and any Contract between us, are only in the English language.

 

We recommend that you print a copy of these Terms or save them to your computer for future reference. 

 

These Terms may be amended from time to time as set out in clause 9 below. Please check these Terms to ensure you understand the rights and obligations that will apply each time you wish to order Products.

 

1. Information about us 
2. 1. The babynameplates.co.uk website is owned and operated by Net Plates Ltd, hereafter referred to as "Net Plates", www.Netplates.co.uk " or "the Company". Net Plates Ltd is registered in England & Wales. Our registered office is at 71 Lincoln Road, Birmingham, B27 6PQ. Our company registration number is 07400662.

2. 2. Contacting us 

      General

      1. If you wish to contact us for any reason, our contact details are as follows: 
         1. Trading name & address:  Baby Name Plates C/O Netplates Ltd 71 Lincoln Road Birmingham B27 6PQ United Kingdom 
      2. 2. Telephone number:  0121 7775333

      Cancellation

      2. To cancel a Contract in accordance with your legal right to do so please see the information in clause 6 below in relation to the options available to you.

      How we may contact you

      3. If we need to contact you, or give you notice in writing, we will do so by telephone, email or by pre-paid post to the address you provide to us in your order. If you are emailing us or writing to us please include details of your order to help us to identify it.

      Communications between us

      4. Any references to "writing" or "written" in these Terms includes email.

 

2. Our Products
3. 1. The "Baby Name Plate Designer", and any Show Plates displayed on the 'Website' are for illustrative purposes only and the finished product may differ from those on the 'Website'. The 'Company' does not guarantee the accuracy of the colours displayed on the 'Website' in relation to the colours on the finished product.

2. 2. Although we have made every effort to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements indicated on our Website may vary from the specification set out in the order.

3. 3. The packaging of the Products may vary from that shown on images on our Website.

 

3. Use of our Website
4. 1. These Terms govern your use of the Website. Please take the time to read them, as they include important terms which apply to you.

 

4. Ordering from us
5. 1. When making an order through our Website, the webpages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each webpage of the order process.

2. 2. You are deemed to place an order with us by ordering any of the Products which we sell by following the steps on our webpages and entering your payment details. We will then send you an email acknowledging that we have received your order, which details the Products you have ordered. However, please note that this does not mean that your order has been accepted by us. Our acceptance of your order will take place as described in clause 4.3 below.

3. 3. Our acceptance of an order takes place when we send you an email confirming that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation, even if your payment has been processed at an earlier stage, unless we have notified you that we do not accept your order or you have cancelled your order. However, in limited circumstances we may be unable to provide you with a Dispatch Confirmation. If we do not send you a Dispatch Confirmation, our acceptance of an order will take place when we post the Products to you.

4. 4. If we are unable to accept your order, for example because a Product is out of stock or no longer available or we cannot meet your requested delivery date or there was an error in price on our Website (as referred to in clause 15.4), we will inform you of this by email and we will not continue to process your order. If you have already paid for your order, we will refund you the full amount including any delivery costs charged as soon as is reasonably possible. For the avoidance of doubt, if there are two or more Products in your order and one or more of those Products is delivered, we will not refund the delivery charge. We will only refund the delivery charge if we are unable to accept your order as a whole and no Products are delivered to you at all. If you have ordered a Product and you have paid a specialised delivery charge and we cannot deliver that Product, we will refund the specialised delivery charge irrespective of whether or not that Product is part of a larger order. Please note if a specialised delivery charge applies to a Product this will be made clear to you on the shopping basket page of our Website.

1. 5. We may refuse to accept an order:
      1. where Products are not available;
      2. where we cannot obtain authorisation for your payment;
      3. if there has been a pricing or product description error;
      4. if we cannot meet your requested delivery date;
      5. if you do not meet any eligibility criteria set out in these Terms;
      6. if the order is to be delivered outside of the United Kingdom;
      7. if your order for Products which we have personalised or customised for you (Personalised Products) contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence or in breach of privacy; and/or
      8. if we believe your order is for commercial or other non-domestic concerns. 
2. 6. We reserve the right to brand all of our Personalised Products.

 

5. Our right to make changes to these Terms
6. 1. We may amend these Terms at any time by updating this webpage.

2. 2. Every time you place an order with us the Terms on our Website, being those in force at the time of your order, will apply to the Contract between you and us.

3. 3. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms and conditions located on particular webpages of this Website. 

4. 4. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.

 

6. Changing or cancelling an order for Personalised Products

1. 1. The goods the 'Company' provides are both personalised and made to the 'Customers' specification, therefore under the Consumer Protection (Distance Selling) Regulations 2000 the 'Company' is obliged to inform you that we do not offer a cancellation period once the order has been placed. In certain circumstances where an order has been placed but the 'Company' has not yet processed the order i.e. has not yet started to create the personalised goods; the 'Company' may be willing to change the details of the order, however this is at the 'Company's' discretion.

2. 2. Please check the spelling and accuracy of any Personalised Products on screen before you place your order as you will not be entitled to a refund in respect of any Personalised Products which contain a misspelling that you are responsible for.

 

7. Our right to cancel
8. 1. We reserve the right to cancel any order at any time and issue a full refund.

 

8. Delivery
9. 1. We will deliver orders within a maximum of 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control – please see clause 15 for further details of our responsibilities in such an event.

2. 2. We will deliver the Products ordered by you to the address which you give for delivery when you make your order. You may specify a delivery address which is different from your billing address, if, for example, you would like us to deliver the Products directly to a friend, a relative, or to your place of work.

3. 3. If any of the details you have given us in your delivery address are incorrect, we accept no liability for any items which have not been received. 

4. 4. Delivery of an order shall be completed when we deliver the Products to the delivery address given in the order process or to any other location nominated by you. The risk and responsibility in the Products will sit with you from that time.

5. 5. You own the Products once we have received payment in full (including all applicable delivery charges) and the delivery of the Products is completed in accordance with clause 8.4. 

6. 6. Our normal working hours are Monday to Friday 9.30am-5.30pm and we only dispatch orders during these timescales. All delivery and dispatch timescales quoted on the Website do not include weekends or public holidays. However, please be aware that these working hours do not apply to production. We may still produce items outside of these hours and on weekends and on public holidays.

7. 7. Some postal addresses in Northern Ireland, some offshore islands and some remote areas of Great Britain may not be covered by our normal delivery services and so we may have to contact you to advise you of extra postal charges.

 

9. Our liability in relation to delivery
10. 1. Provided that we take the steps outlined in this clause, we will not be liable for out of pocket expenses or other costs incurred due to failed or delayed deliveries.

       Royal Mail

       2. 2. The majority of our Products are dispatched by Royal Mail. Please note:
             1. Our products are sent via first class Royal Mail which is estimated to be delivered in 1-2 working days, but this is not guaranteed.
             2. If you have not received your Products, you must check with your local sorting office, even if you have not received notification from your postman that they are holding Products for you.
       3. 3. In the event you have not received your order, we must allow 14 working days from date of dispatch before we can take further action and attempt to claim back from the relevant carrier for lost Products:
       4. 4. In the event that we reproduce a Product for you and subsequently the original is returned as undelivered by Royal Mail, we reserve the right to charge an administrative fee up to 100% of the sales price of the reproduced product. 

       No international delivery

       5. 5. We do not deliver to addresses outside of the UK. 

 

10. Delivery charges
11. 1. The price of a Product does not include delivery charges. Our delivery charges are as set out during the check-out process (before you confirm your order).

 

11. Price of Products 
12. 1. The price of the Products will be the price indicated on the order webpages when an order is placed. We will take all reasonable care to ensure that the price advised to you is correct. However, please see clause 11.4 for what happens in the event we discover an error in the price of any Products ordered.

2. 2. All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price. 

3. 3. Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this website.

4. 4. It is always possible that, despite our reasonable efforts, some of the Products on our Website may be incorrectly priced. If we discover an error in the price of the Products you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.

 

12. Discounts
13. 1. If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. Please note you can only use one discount code per order.

 

13. Service access 
14. 1. While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period. 

2. 2. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control. 

 

14. Disclaimer 
15. 1. While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the Products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material. 

2. 2. The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to this Website. 

3. 3. Any Show Plates ordered from the 'Company', are sold for off-road use only e.g.to be displayed at home. The 'Company' cannot be held responsible if the 'Customer' or any other party chooses to use the Show Plates on public roads.

 

15. Events Outside Our Control
16. 1. We will not be liable or responsible for the failure to perform or delay in performance of any of our obligations under a Contract that is caused by an Event Outside Our Control (as defined below in clause 25.2).

2. 2. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties (other than you or your affiliates), civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

3. 3. If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
      1. we will contact you as soon as reasonably possible to notify you; and
      2. 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. 

 

16. Our liability 
17. 1. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the Contract.

2. 2. We only supply the Products for domestic and private use. By entering into this Contract, you agree not to use the Product for any commercial, business or resale purposes, and acknowledge that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

3. 3. Nothing in these Terms shall exclude or limit our liability for:
      1. death or personal injury caused by our negligence;
      2. fraud or fraudulent misrepresentation;
      3. misrepresentation as to a fundamental matter; or 
      4. any liability which cannot be excluded or limited under applicable law. 

4. 4. You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of these Terms by you, or your use of this Website. 

 

17. Advertising and sponsorship
18. 1. Part of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with relevant laws and codes. We will not be responsible to you for any error or inaccuracy in advertising and sponsorship material.

 

18. Governing law and jurisdiction 
19. 1. These Terms are governed by English law. This means a Contract for the purchase of Products through our Website and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.

2. 2. We do not warrant that Products on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

 

19. Miscellaneous 
20. 1. You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

2. 2. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

3. 3. Only the parties to these Terms may seek to enforce them. Nothing in these Terms is intended as granting any persons who are not parties to these Terms any rights under the Contracts (Rights of Third Parties) Act 1999.