Terms and Conditions
The following terms and conditions apply to all purchases by the user (defined as “you/your”) from Monkey Mei
Tai (defined as “we/us/our”). The “site/website” is defined as www.monkeymeitai.co.uk and covers all information
provided on the site including, but not limited to, written text, videos, photographs and other images. As a user of the site,
you are deemed to have read, acknowledged and accepted these terms and conditions, which are subject to change without notice at our
discretion. If you do not accept these terms and conditions, you should not use the website or place an order.
1. Order When you place an order with us, you are deemed to have read and accepted these terms and conditions. We are under no obligation
to accept your order. Goods supplied are not for resale.
You can request to submit an order by using the on-site contact
form or via email (helen@monkeymeitai.co.uk). Please ensure that the email address you use is accurate and up to date. Due to the bespoke nature of our service, we will normally discuss your requirements via email before confirming your order. Once you have confirmed via email that you would like to proceed with the order, you will be sent an invoice. Once payment is
received in full, a binding agreement will exist between you and us on these terms and conditions.
We will inform you of the expected
waiting time before sending you an invoice. Work will begin on your order after payment is received. In most cases,
your order will be completed within 30 days of payment (and usually much sooner).
We may not accept your order if:
· There is a problem with your payment.
· We find a product or pricing error.
· You do not accept these terms and conditions.
If we do not accept your order, you will be notified via an email to the email address
you supplied to us when placing your order.
All products are subject to availability. We cannot guarantee the availability of
advertised fabrics, patterns or colours but will endeavour to ensure the accuracy of the content of our site. We reserve the
right to change or withdraw products without notice, if we deem it necessary.
Whilst we take great care to ensure the accuracy of our
product descriptions, there may be a difference between the actual product and photographs of it on our website. The way in
which colours are represented will depend on your computer settings. All measurements are approximate.
2. Payment Payments are conducted via PayPal, a secure third party payment service provider. Whilst we make every reasonable effort to
ensure payments are conducted in a secure environment, we cannot accept responsibility for the operation of the payment provider and
will not be held liable for any loss you may suffer, if a third party obtains unauthorised access to any information provided via
said payment provider. Please see PayPal’s terms and conditions for further information.
You do not need a PayPal account to
pay via PayPal; you will receive an invoice and instructions on how to pay. You will have an opportunity to review your order
before paying. We have no access to your card details, as they are securely processed by PayPal.
We do not accept part-payments
or payment plans; the invoice is to be paid in full.
3. Prices The prices displayed on our website are subject to change
without notice. The price of your product is applicable at the time of purchase. Prices are not subject to VAT and do
not include delivery; delivery charges are explained below. We will not honour a price that is incorrect, even if we have, in error,
confirmed your order at this incorrect price. If we have erroneously confirmed your order at an incorrect price, we will contact
you and refund / invoice you the difference. If you do not wish to proceed at the correct price, you will be issued a full refund.
4. Delivery Delivery charge is not included in the price of the product and will be clearly detailed in your invoice. It will be charged at cost; we do not make a profit from delivery charges. Details of current delivery charges can be found
on the Royal Mail website. Ownership of the completed product(s) will pass to you on receipt of the payment in full and on completion
of the product. We will contact you with an estimated delivery date, once your order has been dispatched, however delivery dates
and estimates cannot be guaranteed. Delivery is via Royal Mail Special Delivery only* and will require a signature. If
you are not at home or otherwise unable to sign for the parcel, a card will be left by the delivery driver with details on how to
retrieve your order. More information can be found on the Royal Mail website. You will be responsible for the products
as soon as they are signed for, per the Royal Mail Special Delivery service. We will not be held responsible for any failure
on the part of Royal Mail to deliver your order.
* We will not send your order through Royal Mail recorded (signed for)
delivery as the insurance included in that service will not cover the cost of the product if it becomes lost in the post.
5. Cancellations
and Returns You are free to cancel your order at any stage before payment is received. Cancellations will only be
accepted in writing or via email. Once payment is received for a bespoke product, we will be unable to accept cancellations
(under Regulation 13 of The Consumer Protection (Distance Selling) Regulations 2000). For this reason, we recommend that you
take great care to ensure every detail of your carrier is accurate before proceeding with payment.
We reserve the right to cancel any
order for any reason, and will notify you via email. Possible reasons include, but are not limited to the following:
Potentially fraudulent
order. If we believe the order to be from a fraudulent source, or are otherwise in doubt as to the validity of the order, then
we may cancel an order without notice.
Incorrect pricing. For more details on this please see point 3: ‘Prices’ above.
Offensive content. If your requested design is deemed by us to be offensive or otherwise unsuitable in nature, we reserve the right to refuse the order
at our discretion.
Illness. In the highly unlikely event that illness on our part prevents work on your carrier to such an extent
that it cannot be completed within a satisfactory amount of time, we will contact you to arrange cancellation of your order and a
full refund will be issued.
If we cancel an order after payment has been made, a full refund will be processed via PayPal.
We will only
accept returns if the goods are faulty and/or the structural integrity/safety of the carrier are affected. We will not accept
returns for regular wear and tear, damage by the customer or cosmetic flaws (i.e. external seams coming loose). We will not
accept returns unless the carrier is in an unused, as-new, unwashed condition. We will not accept returns after 14 days from
receipt of your carrier; ‘receipt’ being defined as the date the carrier was signed for per the Royal Mail Special Delivery service. If you wish to return your carrier, please contact us via email with details of the fault (including photographs) for authorisation. If the product is deemed by us to be faulty, or a rejection of faulty goods is deemed by us to be valid, we will contact you to determine
whether a repair, replacement, or full or partial refund is preferable; supply you with a return address and cover shipping costs.
The Sale of Goods Act states that if you wish to reject faulty goods, you have to do so within a 'reasonable time'. We interpret
a ‘reasonable time’ as 14 days from receipt of your carrier. We will not accept returns after this period for any reason.
6.
Warranty We offer no warranty for our carriers but we take every reasonable precaution to ensure that they are safe, comfortable
and durable.
It is our responsibility under the Sale of Good Act 1979 to ensure that our products conform to contract, are of a satisfactory
quality and are fit for purpose. This means we must ensure that all product descriptions are accurate; that the products are
safe, free from defects and function properly; and that the products are capable of doing what they were designed for (i.e. carrying
a child whose weight falls between the limits specified in the instructions). We make every effort to ensure that our descriptions
are up to date and accurate. We use high quality materials and manufacturing techniques to ensure the quality and safety of
each and every carrier, and our design process ensures the carriers fulfil their purpose of offering a comfortable and safe method
of carrying your child.
7. Intellectual Property We reserve the intellectual property rights to the design of our
carriers. Intellectual property of the fabrics used remains with their respective suppliers. The customer can claim no
intellectual property rights over our carriers.
If you wish to source, supply or suggest your own fabric / design to be incorporated
into your carrier, it is your responsibility to ensure there is no possible breach of intellectual property or copyright laws. We accept no responsibility or liability for any breach of intellectual property or copyright laws resulting from fabric / design
supplied or suggested by you, and are indemnified against all liability.
8. Data and Personal Details When you post any
material to our website, you grant us non-exclusive, worldwide, perpetual, royalty-free licence under your copyright and other intellectual
property rights to use or display or distribute said material in any way without any duty to account to you.
To the extent that it
is legally possible, we make no warranty that our website and services will meet your requirements; that your use of our website will
be error-free; or that any errors or inaccuracies will be corrected. We will not be held liable for any damage or loss incurred
from your use of our website.
We take every reasonable precaution to protect any personal data you share with us.
We retain the right
to delete any material transmitted to us by you and will not be held liable for deleting or failing to store any such material.
9.
External Links We may provide links to other websites or resources. We do not endorse the contents of these websites
and will not be held responsible for their content or their privacy policy. If you visit third party links you do so at your
own risk and we cannot be held liable for any damage or loss incurred from your use of external websites.
10. Safety We
are fully aware of the requirements for compliance with the British and European safety standard for soft baby carriers (BS EN 13209-2). Due to the bespoke nature of our service, it is not feasible for us to have every possible fabric combination certified as compliant
with this standard. All our carriers are constructed in the same way, with the same core materials and structure. We take
every reasonable precaution to ensure our carriers are safe, including:
Design tested and refined over a prolonged period, including
extensive use by a variety of mothers and babies.
High quality Gutermann thread used for all stitching;
Straps made of high quality
material;
All load-bearing stitch patterns are double-stitched, providing passive redundancy and a greater margin of safety.
Should you wish your carrier to be tested for structural safety, toxicity and flammability as detailed in BS EN 13209-2, we can arrange
this at your expense; unfortunately this entails significant financial outlay and an unavoidable delay to your order. Details
are available by email, if required.
11. Liability We accept no responsibility for, nor will we be held liable for any
damage, injury or loss sustained through improper use of our carriers. It is your responsibility to check the carrier for faults
before each use; to ensure that the carrier is correctly fitted at each use; and to ensure the safety of your baby at all times when
using the carrier. It is your responsibility to read all instructions and safety warnings prior to use. Instructions and
warnings are available on the website and enclosed in hard copy with your order; safety warnings are listed again below under point
12: ‘Safety Information’. You must ensure you have read and fully understood these instructions before using your
carrier. If in any doubt about safe operation, you must contact Monkey Mei Tai for clarification before attempting to use the
product. Failure to adhere properly to the instructions and warnings may result in injury to you or your baby.
12. Force Majeure In these terms and conditions, a ‘Force Majeure Event’ means any act of God including (but not limited to) any fire, flood, earthquake,
windstorm or other natural disaster; act of any sovereign or government including (but not limited to) any war, invasion, act of foreign
enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, act of terrorism, military
or usurped power or confiscation, nationalization, requisition, destruction or damage to property by or under the order of any government
or public or local authority or imposition of any government sanction, embargo or similar action; law, judgement, order, decree, blockade,
labour dispute including (but not limited to) any strike, lockout or boycott; interruption or failure of utility service including
(but not limited to) electric power, gas, water or telephone service; failure of any transportation or any personnel equipment or
machinery, the shortage of any product(s) or material(s) required by the us for completion of the relevant order/contract and/or (without
prejudice to the generality of the foregoing) any other event or circumstance that is beyond the reasonable control of the party in
question.
Neither we nor you will be liable to the other for any delay in performing, or for any failure to perform, any of its obligations
under these terms and conditions that is caused by any Force Majeure Event. The party claiming that the Force Majeure Event has affected
the performance of its obligations will promptly notify the other party in writing of the reasons for the delay or stoppage (and the
likely duration thereof) and will take all reasonable steps to overcome the delay or stoppage, to bring the Force Majeure Event to
a close or otherwise to find a solution by which the relevant order/contract may be performed despite the Force Majeure Event affecting
the party in question.
If the party affected by the Force Majeure Event has complied with the above provisions of this paragraph, the
performance of its obligations under these terms and conditions will be suspended for the period that the Force Majeure Event continues,
and such party will have an extension of time for performance which is reasonable in all the circumstances. As regards any such delay
or stoppage any costs arising from the delay or stoppage will be borne by the party incurring those costs, and either party may, if
the delay or stoppage continues for more than thirty continuous days, terminate the relevant order with immediate effect, on giving
written notice via email to the other party and, in any such case, neither we nor you will be liable to the other for (or in connection
with) any such termination.
13. Safety Information
GETTING STARTED
· You
must use common sense when wearing your baby: if any doubt exists as to whether an activity is safe whilst wearing a baby, then do
not use the carrier.
· You must check your carrier for faults before each use: pull and twist firmly on all straps. If there is any fraying or tearing of stitches, discontinue use and contact us immediately.
· You must ensure that there are no hazards in the vicinity before fitting the baby carrier (including but not limited to heat sources,
traffic, sharp edges, drops, obstacles).
· You must always keep at least one
hand on your baby at all times when fitting the carrier; you must ensure that your baby is safe and supported at all times.
· You must always check your carrier is correctly fitted in accordance with the instructions; it is recommended that you use a mirror
to do this.
· Following the instructions, practise over a soft surface such as
a bed, until you are happy with how to fit your carrier safely. It is recommended that you practise with a doll, until you are
confident enough in fitting the carrier to carry your baby.
· The back carry
must not be attempted until your baby can support his/her own head.
· You should
never attempt to place your baby in the carrier in an outwards-facing position. Monkey Mei Tai carriers are designed to be parent-facing,
supporting your baby’s back and pelvic development. Misuse can result in discomfort and / or injury to you or your baby.
WHILST
BABY WEARING
· If you have any doubts about the health of your baby whilst wearing
the carrier (e.g. unusual temperature, noises, movement, pallor or breathing), you must remove the baby from the carrier and seek
medical attention immediately.
· You must ensure that your baby’s breathing is
never obstructed:
o The baby’s face should not be in direct contact with any fabric;
o The baby’s
chin should not ever be resting on their chest;
o A young baby’s head should be turned to the side, ensuring a free
supply of fresh air.
· You must ensure that your baby’s blood circulation (e.g.
to the legs) is not restricted, for instance by over-tightening or incorrect positioning of straps.
· Your centre of gravity will be noticeably different when wearing your baby.
· Your balance may be adversely affected by your movement and that of your child.
· There is a danger to your baby if you slip or fall when wearing them in the carrier; always ensure you are wearing appropriate footwear
for the conditions.
· Take extra care when using stairs; always keep one hand
on your baby.
SAFETY WARNINGS
· Do not use the carrier as a hammock, bouncer, highchair,
walking aid, or for anything other than its intended use.
· Do not wear the carrier
underneath clothing; this could potentially smother the baby or restrict their oxygen supply.
· Do not attempt to use your carrier in place of a child car seat or bicycle seat. Do not operate any vehicle or ride a bicycle
when wearing your baby.
· Do not participate in any type of sport or potentially
dangerous activity whilst wearing your baby (this includes but is not limited to running, jumping, cooking, climbing ladders or trees,
being in the vicinity of dangerous chemicals and consuming hot food or beverages).
· Do not use during adverse weather conditions that may endanger you, your baby or affect your balance (including but not limited to
high winds, icy conditions or heavy rain).
· Do not bend from the waist in any
direction when wearing your baby, or your baby may fall out. You must always bend from the knees, ensuring your torso remains
upright. If it is unavoidable, you must take extreme care when bending or leaning forward and keep one hand on your baby at
all times.
· Do not transport your baby to elevated positions (including but
not limited to balconies, cliffs, step ladders); do not walk on uneven or slippery surfaces, unstable ground or where there is an
increased likelihood you might slip or fall.
WARNING: Your balance may be adversely affected by your movement and that of your
child.
WARNING: Take care when bending or leaning forward.
WARNING: This carrier is not suitable for use during sporting activities.
14.
General You are not permitted to reproduce, sell or exploit for any commercial purpose any part of the web site
or our services. These terms and conditions will be interpreted and construed in accordance with the laws of England andWales and will be subject to the non-exclusive jurisdiction of the English Courts. For up-to-date information on our services
and all support facilities or if you are dissatisfied with our web site, our services or have any questions concerning these terms
and conditions, please contact us via email to helen@monkeymeitai.co.uk.
