Terms and Conditions
These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.
Before you place an order, if you have any questions relating to these terms and conditions please contact us.
“Conditions” means these terms and conditions and the Special Conditions; “Product” means a product displayed for sale on the Website; “Product Description” means that part of the Website where certain terms and conditions in respect of the individual Product are provided; “Special Conditions” means the terms and conditions in the Product Description; “Users” means the users of the Website collectively; “Personal Information” means the details provided by you on registration; “We/us” means ExportX USA, Inc. t/a Merino Kids USA; “Website” means the website located at www.merinokidsusa.com or any subsequent URL which may replace it; “Cookies” means small text files which our Website places on your computer’s hard drive to store information about your shopping session and to identify your computer.
Use of the website
You are provided with access to this Website in accordance with these Conditions and any orders placed by you must be placed strictly in accordance with these Conditions.
You warrant that:
- The Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and
- You will notify us immediately of any changes to the Personal Information by contacting us.
- You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
You agree fully to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
We reserve the right to modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.
Third party links
To provide increased value to our Users, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
We will treat all your Personal Information as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable Data Protection and consumer legislation from time to time in place.
When you shop on this Website, we will ask you to input and will collect Personal Information from you such as your name, e-mail address, billing address, delivery address, telephone number, product selections, credit card or other payment information. We may also collect, and our third party providers of advertisements and content may collect, information about where you are on the internet (e.g. the URL you came from, IP address, domain types like .co.uk and .com), your browser type, the country and telephone area code where your computer is located, the pages of our website that were viewed during your visit, the advertisements you clicked on, and any search terms that you entered on our website (“User Information”). We may collect this information even if you do not register with us.
You should be aware that this website is being monitored and may capture information about your visit that will help us improve the quality of the website. We confirm that any Personal Information which you provide to us (or which is available on public registers) and any User Information from which we can identify you, is held in accordance with local privacy laws. We use your information only for the following purposes:
- Processing your orders;
- For statistical or survey purposes to improve this Website and its services to you;
- To serve website content and advertisements to you;
- To administer this website;
- If you consent, to notify you of products or special offers that may be of interest to you.
You agree that you do not object to us contacting you for any of the above purposes whether by telephone, e-mail or in writing and you confirm that you do not and will not consider any of the above as being a breach of any of your rights.
When you create a shopping cart while ordering online you will be given the option to receive information from us by post, e-mail or telephone, about products, promotions or special offers which we feel may be of interest to you. In the event that you do not wish to be contacted for such purposes, ensure that you tick the appropriate box as you go through the registration process. You may unsubscribe from our contact list at any time by using the unsusbscribe link within any promotional e-mail.
We do not store credit card details nor do we share customer details with any third parties. However your Personal Information may be disclosed to other businesses within the Merino Kids USA and to reputable third parties who will help process your order. We require all such third parties to treat your personal information as fully confidential and to fully comply with all sections of the Privacy Act and consumer legislation from time to time in place. We will not release your Personal Information to any third party for mailing or marketing purposes.
You should be aware that if we are requested by the police or any other regulatory or government authority investigating suspected illegal activities to provide your Personal Information and /or User Information, we are entitled do so.
When entering any of our contests or prize draws, you provide your name, email address and mailing address. If you win, we will send the prize to the address entered and notify you by email. When you enter a contest or prize draw, you are also included in our newsletter list to receive notice of promotions, specials and new additions to the Website. You may unsubscribe from this news list by following the unsubscribe instructions in any email received.
The following terms and conditions apply to all competitions, votes and polls featured online, in the Promoter’s interactive, mobile services, or included online on the www.merinokidsusa.com website or any other competitions, votes or polls promoted by the Promoter.
These general terms and conditions should be read alongside, and are in addition to any specific terms which may be mentioned at point of interaction, in any promotion of or messages about that competition, vote or poll on any platform (“interaction information”). This includes without limitation information given online, on interactive or mobile. Specific terms and conditions for the competition, vote or poll can be found here. Together these general terms and conditions and the interaction information shall be referred to as the “interaction terms and conditions”. If there is any inconsistency between these general terms and conditions and any interaction information, the interaction information will prevail.
If you do not agree with any of the interaction terms and conditions then you should not take part in the competition, vote or poll as applicable.
The interaction terms and conditions may be amended at any time without prior notice. Any changes will be posted on the merinokidsusa.com website. It is your responsibility to ensure you review the terms and conditions to familiarise yourself with any changes. We recommend that you save a copy of these terms and conditions for future reference.
Entrants must meet the eligibility requirements as specified in the interaction terms and conditions. Failure to meet the eligibility requirements may result in an entry being invalid and/or forfeiture of any prize.
The Promoter reserves the right in its sole discretion to ask for evidence to verify the age, identity and/or eligibility of an entrant at any time, and to use any channels and methods available to carry out checks of any details provided. The Promoter may withhold delivery of the prize until it has received such evidence and failure to provide such evidence may result in forfeiture of the prize.
Web entry: Web entrants are required to follow the instructions on the website as indicated in the interaction information. Web entrants may receive a message confirming entry to the competition. There is no charge for website entries.
E-mail entry: Email entrants may enter the competition by sending an e-mail to the relevant email address and providing the information as indicated. There is no charge for email entries. Entrants may receive a message confirming their entry to the competition.
In the event of any fault, mistake, misunderstanding or dispute concerning the correctness or acceptability of any answers given by entrants, or the operation of any part of the competition, network or phone system, the decision of the Promoter shall be final.
The prize is subject to availability and to winner confirmation, i.e. the Promoter has managed to contact the winner and received confirmation of eligibility. The prize is also subject to the terms and conditions of the prize provider, their agents, and where applicable to the terms of the venue and/or the manufacturer.
Where the prize relates to travel and/or accommodation, the prize will be subject to availability and certain dates may be excluded when the winner may not take up the prize. All elements relating to such prize must be taken up during one period, and not on non-consecutive dates. The winner (and their companion(s) if applicable) will be required to hold a valid passport and/or other necessary travel documentation, authorization and visas. Where the prize relates to travel for more than one person, the winner and their companion(s) must travel together, departing from and returning to the same location at the same time and on the same itinerary. The prize provider and/or their agents cannot guarantee that seats will be adjacent to each other.
Where the prize necessitates travel and/or attending an event on a specific date, the winner must be available on the date(s) specified by the Promoter in the interaction information and no alternative dates will be available. Where the prize involves travel or accommodation on a date and/or to a destination to be chosen by the winner, the date and/or destination chosen is subject to availability and the Promoter reserves the right to determine a final date by which the prize must be taken.
The Promoter, prize provider, the issuer of the vouchers or gift cards and their agents reserve the right to refuse to accept vouchers and/or gift cards which are deemed to have been tampered with, defaced, duplicated, damaged or which otherwise are suspected to be affected by fraud.
The prize excludes all other costs and arrangements not expressly included in the prize (as stated in the interaction information). Additional charges and expenses incurred for goods, services, attractions, facilities, upgrades, activities and events not expressly included in the prize are payable solely by the winner (and where applicable their companion(s)). The Promoter will not be held liable where such charges and/or expenses are incurred, and no refund or reimbursement will be made. The Promoter will accept no responsibility where the winner is unable to pay in full, any such charges and/or expenses as incurred.
Where the winner is randomly selected, the prize draw for the winner will take place on the date indicated in the interaction information. Unless stated otherwise in the interaction information, the winner will be the first correct entry drawn at random from all entries, subject to eligibility and winner confirmation. Where the winner is not randomly selected, the interaction information will detail any criteria for judging entries.
The following general terms and conditions apply to all votes and interactive polls promoted by the Promoter. Specific terms are as specified in the interaction information:
Open/close times: The opening and closing time for voting or participating in the interactive poll is as specified in the interaction information. Poll or Votes made or received outside of these specified times will not be counted. The times for voting and participating in the poll are liable to change and the Promoter or the programme producers may suspend, withdraw or re-set voting or the interactive poll in their sole discretion at any time. The Promoter may without notice in its sole discretion at any time change the rules for participating in the poll, voting and/or the availability of the voting or interactive poll service.
Result: The result of the vote or poll will be established from all eligible votes or poll entries submitted before the closing date and time and received by the Promoter and/or the producer of the programme. Please note that votes or polls which have been sent but have not yet been received at the time when the result is calculated will not be counted.
In the event of a technical failure or other circumstance beyond the Promoters reasonable control which affects the vote or poll, the Promoter and/or the producer of the programme will calculate the outcome of the vote or poll having regard to all circumstances and information available to them at the relevant time.
The outcome of the vote or poll will be revealed and/or published by the Promoter after the voting has closed. In the event of any fault, mistake, misunderstanding or dispute concerning the outcome of a vote or poll, or the operation of any part of the interactive service, network or phone system, the decision of the Promoter shall be final.
The winner of a competition may be required to participate in publicity. The Promoter (or any third party nominated by the Promoter) may exercise its sole discretion to use the competition winner’s (and if applicable their companion’s) name and image and their comments relating to the prize and competition experience for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid.
Please check back frequently to see any updates or changes to our terms and conditions. Questions regarding this Policy should be directed to the Administrative Head Office of Merino Kids USA using the address below:
ExportX USA, Inc. t/a Merino Kids USA
Registered Office: 2035 Sunset Lake Road, Newark, DE 19702
Purchase of products
Please note this website: www.merinokidsusa.com is set up for delivery of orders for the USA and Europe only. If you are wanting delivery outside of this region you may be required to pay more for the delivery of your order. A quote may be needed which we would then inform you of any payment that may required.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Website.
Unless specifically mentioned, the Cocooi™ Newborn Range is always excluded from any discounts offered in any printed or online advertising.
Unless specifically mentioned, discount codes can only be used on full-priced items.
The Merino Kids Loyalty Point programme is discontinued from December 1st 2013. All customers who have earned and are holding Loyalty Points from purchases up to November 30th 2013 can continue to redeem their points until November 30th 2015.
Contract creation and electronic contracting
The technical steps required to create the contract between you and us are as follows:
- You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions on the Website.
- We will send to you an order acknowledgement email detailing the products you have ordered and paid for in full. This is not an order confirmation or order acceptance from us.
- As your product is shipped from our warehouse we will send you a dispatch confirmation email.
- Order acceptance and the completion of the contract between you and us will take place on the despatch to you of the Products ordered unless we have notified you that we do not accept your order, or you have cancelled it in accordance with the instructions in Change or cancel your order
Non-acceptance of an order may be a result of one of the following:
- The product you ordered being unavailable from stock.
- Our inability to obtain authorisation for your payment.
- The identification of a pricing or product description error.
- You not meeting the eligibility to order criteria set out in the main Terms & Conditions.
- The contract will be concluded in English.
- The details of your specific contract will not be filed by us.
If you do require any information regarding orders you have placed with us please write to us using the address on this page.
Please note that you are entitled to cancel if you so wish provided that you exercise your right no longer than eight working days after the day on which you receive the Products.
If you wish to exercise your right to cancel after your order has already been dispatched please follow the procedure set out in our Returns Procedure.
When you place an order, should you realise you have made a mistake or change your mind, we are able to amend or cancel your order on Saturday or Sunday. or cancellations.
Description of products
Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times, warranties, after-sales service and guarantees.
We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy.
In the event of supply difficulties, we reserve the right to substitute goods or packaging of equal quality and value.
Intellectual property and right to use
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.
You acknowledge and agree that the material and content contained within the Website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
Compliance with laws
The Website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and any transactions conducted on or through the Website.
Limitation of liability
While we will use reasonable endeavours to verify the accuracy of any information we place on the Website, we make no warranties, whether express or implied in relation to its accuracy. The Website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer, nor does it affect your Contract Cancellation Rights.
We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for:
- any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
- any loss of goodwill or reputation; or
- any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.
Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees.
If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
These Conditions govern our relationship with you. Your Statutory Rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
The Conditions shall be governed by and construed in accordance with the laws of USA.