Here are the terms and conditions of www.themothermaker.com
It is your responsibility to ensure that you have read and understood the below terms and conditions of this website before using this website and before making a purchase. If you have any queries or require further clarification, please contact us prior to completing your purchase and we will be happy to help. Please always check the Terms & Conditions of each seller before making a purchase.
Terms and Conditions of use for www.themothermaker.com
- Introduction
1.1 These terms and conditions shall govern your use of our website.
1.2 By using www.themothermaker.com, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use www.themakerplace.co.uk.
1.3 If you register withww.themothermaker.com, submit any material toww.themothermaker.comor purchase goods from one of the Makers (Sellers) listed on ww.themothermaker.com we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.
2. Copyright notice
2.1 Copyright 2017 The Mother Maker
2.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
3.Licence to use website
3.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) stream audio and video files from our website; and
(e) use our website services by means of a web browser,
subject to the other provisions of these terms and conditions.
3.2 Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
3.3 You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.
3.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
3.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website via social media or on another website without giving full unambiguous credits to www.themothermaker.comand a link back toww.themothermaker.com
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public without giving full credit to www.themakerplace.co.uk;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
3.6 Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.
3.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
4.Acceptable use
4.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(e) access or otherwise interact with our website using any robot, spider or other automated means;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
4.2 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
5.Use on behalf of organisation
5.1 If you use our website or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
to these terms and conditions, and in these circumstances references to “you” in these terms and conditions are to both the individual user and the relevant person, company or legal entity.
6. Customer registration and accounts
6.1 This Section 6 applies to customers and prospective customers.
6.2 To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age.
(a) If you register for an account with our website, you will be asked to choose a user ID and password.
(b) Your user ID must not be liable to mislead and must comply with the content rules set out in Section 20; you must not use your account or user ID for or in connection with the impersonation of any person.
(c) You must keep your password confidential.
(d ) You must notify us in writing immediately if you become aware of any disclosure of your password.
(e) You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
6.3 You may register for a customer account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you
7. Our Responsibility of Loss or Damage Suffered by you.
7.1 The Mother Maker has no liability whatsoever for any act or omission of a Seller, arising from or in connection with the use of the TMM Website, including the fulfilment of any Orders.
7.2 You acknowledge that The Mother Maker is not required to verify or undertake any due diligence on any Sellers, nor on any Products uploaded to the TMM Website.
7.3 TheMotherMaker makes no guarantees or endorsements of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to any Products, or the related pictures, photographs, statements or other information provided via the TMM Website.
7.4 Where The Mother Maker has been negligent and/or breached a contractual obligation to you, it will be liable for any loss or damage you suffer as a result, provided that loss and/or damage are foreseeable. Loss or damage is foreseeable if it is an obvious consequence of The Mother Makers’ negligence or breach of contract, or would have been considered by you and Lobella Loves to be a likely consequence of it at the time we entered into the TMM Contract.
7.5 Nothing in these Terms shall limit or exclude our liability for fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.
7.6 Subject to Clause 7.5, TMM shall under no circumstances whatever be liable to the Customer, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, loss of anticipated savings or any indirect or consequential loss arising under or in connection with these Terms.
- Cancellation and suspension of account
8.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
8.2 You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 8.2
- The buying and selling process
9.1 You agree that a contract for the sale and purchase of a product or products will come into force between you and one or more of the Makers (Sellers) listing their products for sale on the TMM website, and accordingly that you commit to buying the relevant product or products, in the following circumstances:
(a) You (The Customer) must add the products you wish to purchase to the shopping cart, and then proceed to the checkout;
(b) if you are a new user, you must either create a buyer account with the website and log in; or checkout as a Guest, otherwise, if you have registered for an account, you must enter your login details;
(c) once you have logged in, or chosen to proceed as a Guest, you must confirm the order and your consent to these terms and conditions;
(d) you will be transferred to the website of the appointed payment service provider, Stripe, and the payment service provider will handle your payment to the seller (Maker); you must submit payment in full via credit or debit card;
(e) TMM website will then send you an automatically generated acknowledgement of payment;
(f) Once the seller (Maker) has confirmed the order, the seller will send to the buyer an order confirmation or the seller will confirm by email that they are unable to meet your order and a full refund will be issued. By completing and submitting the electronic order form you are making an offer to purchase goods which, if accepted by the seller, will result in a binding contract once the order has been completed. Neither submitting an electronic order form or completing the checkout process constitutes our acceptance of your order. The contract of sale will be formed only if your order is explicitly accepted by the seller via an email or order confirmation.
9.2 When Customers place their orders and before acceptance of it has occurred Customers will be required to make full payment to the Seller of the item via the TMM website using the secure online checkout process. Please note that the Site is a marketplace, and as that transactions are between you and Seller, and not between you and TMM even though we will take your payment from you;
9.3 Payments for Products you purchase from the Seller may only be made using the payment methods The Mother Maker makes available from time to time through the payment facility on the TMM Website, using TMM’s current active payment processing.
9.4 The Mother Maker may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. The Mother will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.
10. Customer Obligations
10.1 The Customer shall ensure that the personalisation, customisation and specification (if any) of the Order are complete and accurate. It is your responsibility to ensure that the specification and options (if any) that you entered are accurate.
10.2 Sellers may deliver to a selection of countries worldwide. It is your responsibility to check upon ordering the item that the Seller ships to your country and the cost of this. Dispatch and delivery times vary according to the product and the Seller. It is the Customer’s responsibility to check these time scales when placing your order
11 . Terms and Conditions of Sale
11.1 As the seller is a trader and the buyer is a consumer, the provisions of Section 11 shall be incorporated into the contract of sale and purchase between a buyer and a seller.
11.2 Both buyers and sellers undertake to comply with the agreed terms and conditions of sale and purchase.
11.3 Each Order placed by you shall be deemed to be an offer by you to purchase the Products from the Seller. No Order is accepted and no contract comes into existence until you receive a Dispatch Confirmation from the Seller, at which point two binding legal contracts will come into existence:
- a contract between you and The Mother Maker (under which The Mother has certain obligations to you in relation to the processing of the Order ( The Mother maker Contract). That contract is made based on these Terms; and
- a contract between you and the relevant Seller in respect of the supply of the Products that you order through the TMM Website (the Seller Contract). That contract may include separate Seller Terms and Conditions, which will be available on relevant Seller’s page on the TMM Website.
For the avoidance of doubt, the Seller Contract is a sale contract formed solely between the Seller and the Customer and The Mother Maker is not included in this contract.
12. Refunds & Returns
12.1 Your rights to cancel your Seller Contract will be subject to what it is you have bought, whether there is anything wrong with it and when you decide to end the Seller Contract.
a. If the Product is faulty or not as described you have a legal right to end the Seller Contract and return the Product, see Clause 12.2 below.
b. If you want to end the Seller Contract because of the reasons set out in Clause 12.3 below please see that Clause for what your rights are.
c.If you have just changed your mind about the Product, see Clause 12.4 below. You may be able to get a refund if you are within the cooling-off period (but this may be subject to deductions and you will have to pay the cost of returning any Products) and the Products are cancellable.
12.2 If the Product is faulty or not as described you have a legal right to end the Seller Contract and return the Product. Legally you have 30 days after the day your purchase the Product to notify the Seller of the fault or incorrectly described item in order to qualify for a refund.
12.3 Ending the Seller Contract because of something TMM or the Seller has done or is going to do. If you are ending a Seller Contract for a reason set out at (a) to (f) below the Seller Contract will end immediately and, if you have already paid for the Products, TMM will refund you in full for any Products which have not been provided. You may also be entitled to compensation from the Seller. The reasons are:
a. TMM or the Seller has told you about an upcoming change to the Product, the Seller Contract or these Terms which you do not agree to;
b.TMM or the Seller has told you about an error in the price or description of the Product you have ordered and you do not wish to proceed;
c. the Product is not in stock or is no longer available;
d.there is a risk that supply of the Products may be significantly delayed because of events outside The Mother Maker’s or the Seller’s control; or
d. you may also have a legal right to end the Seller Contract because of something the Seller has done wrong.
12.4 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. However, this right to change your mind does not apply in the case of Non-Cancellable Products:
a. Anything that is made to your specific requirements (ie: outside of standard customisation options offered by the Seller to all Customers), is personalised or otherwise can’t be resold due to a bespoke element;
b. Perishable Products (like food or flowers);
c. Creative pieces that are specially commissioned when you place an Order, like artwork, bespoke products such as prints or toys, personalised items, stationery designs, sculpture, and ceramics and any other Products or designs that are specifically created for the Customer;
d. Personal items sold with a hygiene seal (like cosmetics or underwear) where the seal is broken; and
e. Cosmetic Products, hair accessories, underwear, swimwear, bibs and teething accessories due to hygiene reasons.
To avoid disappointment, please check whether an item is cancellable or non-cancellable before ordering.
12.5 You have 14 days after the day you purchase the Product to return if you change your mind.
(a) To cancel an Order, you just need to let the Seller you ordered the product from know that you have decided to cancel. The easiest way to do this is find the Seller storefront on the TMM Website and click on the Product Enquiry tab on the bottom of the page.
12.6 If you end the Seller Contract for any reason after Products have been dispatched to you or you have received them, you must return them to the Seller. You must either post them back to the Seller at the address provided when you cancel your Order in accordance with clause 12.6 above or (if they are not suitable for posting) allow the Seller to collect them from you. If you are exercising your right to change your mind you must send off the Products within 14 days of telling the Seller you wish to end the Seller Contract.
12.7 The Seller will pay the costs of return:
(a) if the Products are faulty or described incorrectly; or
(b) if you are ending the Seller Contract because you have a legal right to do so as a result of something the Seller has done legally wrong.
(c)In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
12.8 If you are exercising your right to change your mind TMM may reduce your refund of the price to reflect any reduction in the value of the Products if your handling them in a way that would not be permitted in a shop has caused this. We do not refund extra delivery costs that have been incurred on your order. It is at the discretion of the Seller to process your refund and at what value the products shall be valued at due to handling.
12.9 TMM will make any refunds due to you as soon as possible after receiving confirmation from the Seller of their approval of the refund.
(a) If you are exercising your right to change your mind then your refund will be made within 30 Business Days from the day on which the Seller informs TMM it has received the Product back from you or, if earlier, the day on which you provide TMM with evidence that you have sent the Product back to the Seller.
13. Report abuse
13.1 If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.
13.2 You can let us know about any such material or activity by email at contact@themakerplace.co.u
14. Limited warranties
14.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
14.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
14.3 To the maximum extent permitted by applicable law and subject to Section 14.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website
15. Limitations and exclusions of liability
15.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law,
and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.
15.2 The limitations and exclusions of liability set out in this Section 14 and elsewhere in these terms and conditions:
(a) are subject to Section 14.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
15.3 To the extent that our website and the information and services on our website are provided to the user free of charge, we will not be liable for any loss or damage of any nature.
15.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
15.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
15.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
15.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
15.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees)
16. Indemnity
16.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
(a) any breach by you of any provision of these terms and conditions; or
(b) your use of our website.
17. Breaches of these terms and conditions
17.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
17.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking, including without limitation creating and/or using a different account
18. Third party websites
18.1 Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
18.2 We have no control over third party websites and their contents, and subject to Section 14.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.
19. Trade marks
19.1 The Mother Maker and www.themothermaker.com, and our logos are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.
19.2 The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights
20. Variation
20.1 We may revise these terms and conditions from time to time.
20.2 The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website
21. Assignment
21.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, as a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.
21.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions
22. Severability
22.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
22.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
- Third party rights
23.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
23.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
- Entire agreement
24.1 Subject to Section 14.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
- Law and jurisdiction
25.1 These terms and conditions shall be governed by and construed in accordance with English law.
25.2 Any disputes relating to these terms and conditions shall be subject to the exclusive / non-exclusive jurisdiction of the courts of England.
- Statutory and regulatory disclosures
26.1 We will specify on the website or elsewhere in these terms and conditions the different technical steps you must follow to conclude a contract under these terms and conditions, and also the technical means for identifying and correcting input errors prior to the placing of your order.
26.2 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
26.3 These terms and conditions are available in the English language only
- About Us
27.1 This website is owned and operated by CK Stores UK Ltd
27.2 We are registered in England and Wales in 2014 under registration number 08415408 , and our registered office is at Orchard Farmhouse Martock Road, Long Load Langport, TA10 9LD
27.3 You can contact us by writing to the address given above, by using our website Contact Us form, or by email to hello@themothermaker.com