Terms and Conditions
We reserve the right to change these terms and conditions (the Terms) from time to time without prior notice. By using our services after any changes have been made, you are agreeing to the new Terms. By placing an order, the Purchaser confirms their acceptance of these Terms. It is recommended that they are read carefully.
Definitions
The Company means The Curious Bear Limited registered in England and Wales (company number 1263686), and with its registered office at Ravenscroft, North Road, Bath BA2 6HZ.
The Purchaser means any person, company or organisation who is trading with the Company.
Goods means the items(s) which the Purchaser buys or agrees to buy from the Company.
Specification of Goods
The Company will try to ensure that the website is as accurate and up to date as possible but this cannot be guaranteed. Discrepancies can include variations in colour from the image shown online, using different product packaging than shown and differences in the sizes quoted which are only approximate. Any reliance that is placed on the information on the website is at the risk of the Purchaser. The Company reserves the right, when appropriate, to change specifications or improve products. In the event of a substituted product not being acceptable, the Company will issue a full refund to the Purchaser, provided the goods in question are returned within 14 days of delivery and in their original condition. Furthermore, some of our products have a natural lifespan, air drying clay for example will begin to dry when expose to air.
Safety
It is the Purchasers responsibility to check the Goods before giving them to a child to ensure their safety and to ensure that play is always properly supervised by a responsible adult. For more detailed safety guidance, please check the relevant information in the product description before commencing play.
Placing and Order
Any order placed with the Company is an offer which the Company can either accept or decline. Once full payment, or purchase order, has been received by the Company it will send an email to the Purchaser confirming that order has been accepted. Acceptance of the order brings into existence a legally binding contract between both parties which is governed by English law. All Goods remain the property of the Company until paid for in full.
Terms of Payment
Full payment must be made with the order unless otherwise agreed in writing. VAT will be added to all prices where applicable, including carriage and packing charges. The Company reserves the right to refuse any order or credit account application from the Purchaser at its discretion or to request a part payment. Credit account facilities are not available to private individuals. Invoice credit accounts must be paid within 30 days from date of the invoice.
The Company reserves the right to charge interest on overdue accounts of 2.50% above the prevailing Barclays Bank Plc lending rate per calendar month and suspend dispatch of Goods ordered. Any reasonable costs incurred in recovering overdue amounts will be charged to the Purchaser. Any Purchaser who makes late payment for goods supplied must accept responsibility for payment of these charges.
Delivery
Whilst the Company will try our best to deliver Goods within the estimated delivery timescale, this may not always be possible, and the Company is not liable for any delay or for any consequential loss of profit as a result.
Delivery of the goods will take place when the Company or its designated carrier delivers the Goods to the address provided by the Purchaser (either directly, or by leaving it in a safe place or with a neighbour). Once the Purchaser has received the Goods, the Company will not be liable for their loss or damage and the Purchaser will hold the Goods at their own risk.
The Company reserves the right, where payment for Goods has been made by cheque, to dispatch any such order only when the cheque has been cleared and the funds paid to the Company which can take up to 10 working days. The Company reserves the right not to deliver orders if the Company believes the address is not secure, for example a P.O. Box.
Cancellations and returns
To cancel an order the Purchaser must notify the Company in writing and return the Goods in an unused condition and in their original, undamaged packaging with any enclosed documentation including a copy of the original order, within 14 days of receipt by the Purchaser. Once received the Company will consider the overall condition of the goods being returned when making a refund to the Purchaser. The Company reserves the right to withhold a percentage of the refund value of returned Goods if they are not in suitable condition for resale at their original price. The Company makes every effort to process refunds as quickly as possible but refunds may take up to 30 days. No liability is accepted by the Company for any cost or charges incurred by the Purchaser which may arise due to a delay in processing a refund.
The Company will not be liable for any delivery costs incurred in returning goods unless they are defective or have been sent in error. The Goods are the full responsibility of the Purchaser until they have been returned to the Company so it is recommended that proof of dispatch is obtained in case of loss in transit.
The Company reserves the right to cancel an order if there is insufficient stock to fulfil the order, if the Purchaser requires delivery outside the UK or if the Goods were listed at an incorrect price due to a typographical error or an error in the pricing information received by the Company from a supplier.
If the Company does cancel an order, it will notify the Purchaser by email and will re-credit their account any sum deducted as soon as possible. The Company will not be obliged to offer additional compensation.
Promotions & Discounts
In order for a promotion or offer to be applied to an order a valid promotion code must be used. The Company will not be liable for not discounting the order if a valid code has not been entered. Only one promotion code can be used per order. Promotion codes will not apply to any existing offers or promotions.
Liability
Except for any legal responsibility that cannot be excluded in law (such as for death, personal injury or a breach relating to personal information), the Company is not legally responsible for any losses that were not foreseeable to when these Terms were formed or that were not caused by any breach on its part or for any business losses or losses to non-consumers.
The Company shall have no liability to the Purchaser for any breach of these Terms caused by any event or circumstance beyond the Company’s reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes, breakdown of systems or network access or flood, fire, explosion or accident.
The Company shall take every reasonable care to ensure that its Products are suitable for the use intended and described accordingly. No liability is accepted for any loss or damage, however caused, resulting from the use of the Products, whether for injury or profit.
In the absence of negligence on the part of the Company, any failure by the Company to comply with these Terms or the Company’s Privacy Policy or breach by the Company of their duties under applicable laws the Purchaser agrees to indemnify the Company and hold them harmless from all liabilities, claims and expenses that arise out of the content submitted, posted or transmitted by the Purchaser via the Company website, or from their use/misuse of the website, or the use/misuse by any person for whom the Purchaser is responsible or from the Purchasers violation of these Terms or for any loss that the Purchaser may suffer if a third party gains unauthorised access to any information given to the Company.
Notwithstanding any other provision contained in these Terms and Conditions the Company shall have no liability whatsoever whether in contract, tort (including negligence) or otherwise for any incidental, special, indirect or consequential loss or damage including but not limited to loss of income, loss of profits or loss of opportunity, arising out of or in connection with the performance of its obligations under these Terms and Conditions, including such damages as may be reasonably foreseeable at the date hereof.
Intellectual Property & Copyright
The website and all intellectual property rights including but not limited to copyright, trademarks, domain names, design rights, database rights, and all other intellectual property rights of any kind whether or not they are registered or unregistered are owned by the Company.
Unless otherwise specified, all material appearing on this website (the Content), including the text, site design, logos, graphics, icons and images, photographs, graphics, typefaces and other material as well as the design, assembly and arrangement is subject to applicable copyright laws. All audio and video clips sole property of the Company.
The Content shall only be used for the purpose of shopping on this site including placing an order and for no other purpose. Content may not be copied, reproduced, modified, shared or distributed or use for commercial purposes by any means without prior written permission from the Company. All rights not expressly granted herein are reserved.
Rights of third parties
No one other than a party to this contract has any right to enforce any term of this contract.
Complaints and Disputes
The Curious Bear take customer service very seriously, but very occasionally things can go wrong. If you’re not happy about anything please contact us, so we can resolve your issue swiftly.
Claims for shortage(s) or damage must be made in writing or by e-mail and received by the Company within 5 days of delivery of the goods. Although every effort will be made by the Company to rectify shortage(s) or damaged goods we do not accept any responsibility for consequential loss of profit.
The laws of England and Wales will apply to this contract. The English courts shall have jurisdiction to resolve any disputes between us.
General
Any information or data supplied in leaflets, inserts or helpful hint sheets is meant as a guide only.
Your privacy and personal information are important to us. Please also read our Privacy Policy which sets out how we collect, process and use your information.
When sharing images or films/videos with us, you must have permission from any person whose face is recognisable in those photographs/moving images. This includes parental permission for any images of children under 16. By sending us photographs you understand that the images may be used on the Company’s website and may also be used in our newsletters and social media including Facebook, Twitter, Instagram, etc.
If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Terms and Conditions and the remainder of the provision in question shall not be affected.