Bears and Friends
2a The Square, Kingswear, Dartmouth, Devon, TQ6 0AA
Tel. (01803) 752632 Call to order, or e-mail : firstname.lastname@example.org
FREE POSTAGE & PACKING ON ALL
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kingswearbears.com is the online ordering website of Kingswear Bears & Friends. Many of our customers will know that the beautiful Devon village of Kingswear by the River Dart has had a bear shop for many years. Our bricks and mortar shop is situated where the Lower Ferry crosses the River Dart to Dartmouth, right opposite the station for the Steam Railway from Paignton (for information visit www.dartmouthrailriver.co.uk). We are blessed to be in a gorgeous part of the world & our shop is definitely worth a visit if you are in the area.
The bears have been looked after by Steve & Sarah since 2001 & it is a real home from home as we are first & foremost bear collectors ourselves.
We both love our bears & it is always our pleasure to find the right homes for each & every one. We treat our customers the way that we like to be treated ourselves & we pride ourselves on our friendly bespoke customer service. If you can't see what you are looking for in our shop or on our website, please let us know - we quite often track down unusual requests for bears or other animals.
We are predominantly a bear shop & that means that we sell mainly bears. However our shop is called "Kingswear Bears & Friends" - the "& Friends" gives us a carte blanche to have other animals, dolls etc. We select the best (and our favourite!) items from leading bear and soft toy manufacturers from around the world including Charlie Bears and the Isabelle Collection, Steiff, Kaycee Bears, Hermann, Merrythought, Russ, Jellycat, Trudi and many more.
If you telephone us you may also speak to Ruth or Marion who are very friendly & ready to help. If a bear comes to the phone ask to speak to an adult!!
You can contact us via e-mail direct from our Kingswear Bears website at email@example.com
Alternatively you can write to:
Kingswear Bears & Friends 2a The Square
Kingswear Dartmouth Devon TQ6 0AA
TERMS & CONDITIONS
At Kingswear Bears we want you to have an enjoyable shopping experience with us. The Terms & Conditions set out below apply to the use of this website & any affiliated websites & it is important that you take the time to read & understand the Terms & Conditions.
These Terms and Conditions govern the supply of goods sold by the partnership known as Kingswear Bears & Friends (but also abbreviated to Kingswear Bears), 2a The Square, Kingswear, Dartmouth, Devon, TQ6 0AA, UK. The partnership Kingswear Bears & Friends is registered to Mr S & Mrs S E Davis of 2a The Square, Kingswear, Dartmouth, Devon, TQ6 0AA of which the VAT number is 920 6046 54.
Any reference to "you" &/or "your" relates to you as the customer.
These Terms and Conditions constitute the entire and only agreement between us and our acceptance of your order by delivery of the goods constitutes a legally binding contract between us with regard to these Terms and Conditions.
This website, content and any contract brought into being as a result of the use of this website are governed by and construed in accordance with English Law.
Terms and Conditions of Sale
The display of goods on the Kingswear Bears site amounts to an invitation to treat only and is not an offer to sell products or services at any price indicated. No contract for the supply of products or goods will be deemed to exist between you and Kingswear Bears unless, and until, your order has been accepted and a payment has been successfully made. Kingswear Bears are free to withdraw from a prospective contract at any time prior to acceptance. This also applies in the case of any error or inaccuracy in respect of the goods or services, any description applied to the goods or services, the availability of the goods or services, or the order itself. Price and availability information is subject to change without notice.
Unless stated otherwise, all items offered for sale on this website are new and as received by us from the relevant manufacturer. Where included by the manufacturer, all boxes, bags and certificates are also provided. Unless marked otherwise all products conform to current European safety standards.
Ordering from us
All prices are quoted in £sterling (GBP) and are inclusive of V.A.T. To make a purchase from Kingswear Bears you must be over 18 years of age.
The shipping address does not have to be the same as the billing address.
Please be assured that any personal and credit card information provided in the ordering process will be treated strictly in accordance with our Privacy Statement.
Unless requested otherwise, we do not charge for any item in full until it is ready to send out to you.
Where a bear or any item is out of stock or not yet in stock but is due to arrive in a forthcoming delivery or needs to be specially ordered, there may be the facility to preorder. Where this is the case you will not be charged in full for the preordered items until they are with us and ready to send.
For preorders we may charge a deposit at the time of order and the balancing payment is due when the item has arrived with us and is ready to be shipped out to you. If you do not wish to wait for a bear or other item to return into stock, please contact Kingswear Bears by e-mail or telephone to request cancellation of the order.
Any deposit made to us is non refundable and non transferable should you cancel the order. If the order is cancelled and we have not taken a deposit, we reserve the right to make a charge that equates to 25% of the value of the order.
Payment must be made in full before an order can be despatched. If payment is not made when due, interest is payable at the rate of 3 per cent over Bank of England base rate on the amount outstanding from the due date for payment until payment is received by us, together with any reasonable legal or other costs that we incur.
Immediately prior to despatch of the goods to you, title in the goods will pass to you provided that we have processed and received payment in full for the products. In the unlikely event that you have not received all the goods within 21 days of the date of shipment you must notify us immediately.
We are pleased to be able to despatch our bears to addresses all over the world. However we should point out that some countries have import restrictions on some materials and products. It is your responsibility to check with local customs authorities before placing an order with us. We are unable to give you any advice to this effect.
There is a charge for delivery overseas. Once the delivery charge has been calculated you will have the option to accept the total charge before your order is confirmed.
Please note that Customs Regulations (outside of EU and EEA) require us to declare the contents of your order on a declaration form attached to your order. The authorities may open parcels to confirm that the contents comply with the current postage regulations of the sending or receiving country.
You are responsible for any taxes, fees, duties, charges and/or other monies payable in the destination country arising directly or indirectly from the importation of the goods into the destination country. You are advised to check such liabilities before placing your order.
Our website should reflect current availability whether that be in stock and available for immediate delivery to you or currently out of stock where we are awaiting new stock delivery. Where limited editions display "Sold Out" this is to show that we have sold all available stock and cannot obtain any more.
Should we have insufficient stock to supply or deliver the goods ordered and paid for by you, we may, at our discretion, try to contact you to enquire if a substitute product will be acceptable to you. We will then supply or deliver an agreed substituted product or refund you the price paid for such goods as soon as possible and in any case within 30 days.
Please note that all sizes and measurements are approximate, exact products may vary from that shown & all items are subject to availability.
Prearranged Layaway Plans
We appreciate that some of the bears on our website are valuable & we like to help by offering a payment plan at no additional cost to you whereby a deposit is paid & then the balance is due in 3 further monthly instalments. The initial deposit is non-refundable. All payments will be taken by way of credit or debit card or PayPal invoice. The initial deposit is due when the order is placed. The following three payments will be taken the following month, the following month after that and again, the following month after that.
If your layaway order relates to an item which is not in stock at the time of ordering or is a preorder of a forthcoming new release and the item is not available at the point that the final payment is due, we will not take the final payment until the item has arrived and is ready for dispatch.
If for any reason the sale is not completed, for instance you cancel the order, or the payment transactions are not completed by the agreed date (that date being the fourth month from which the order was placed), we reserve the right to retain 25% of the value of cancelled goods. This amount will be deducted before any balance is returned and the item(s) will be returned to stock. Any refunded amount will be made to the credit/debit card or PayPal account used as payment for the original order.
Obviously if for any reason we are unable to obtain the stock you requested then you shall be entitled to a full refund and will incur no charges.
By placing the order and selecting the payment plan, you are agreeing to the above terms and conditions.
Cancellation & Returns
We are sure that you will be pleased with your purchases from Kingswear Bears. However, under The Consumer Protection (Distance Selling) Regulations 2000 (http://www.opsi.gov.uk/si/si2000/20002334.htm), UK consumers have the legal right to cancel their order within seven working days of receipt of the goods. Where delivery is made to a third party this right only applies if you as the consumer are able to return the ordered item(s) within the seven-day period. All items returned are done so at your expense & we are unable to reimburse your postal charges for returned items.
We are unable to offer a free viewing service. Refunds are given for unused goods that are correctly returned to us and the refund will be for the amount paid less an amount to cover postage & packaging and other ancillary costs incurred by us. You may cancel your order by giving us notice of cancellation within 7 days of the date of collection or delivery. Such notice is to be set out in writing in the form of a mailed letter or e-mail to the addresses set out at the start of these Terms & Conditions.
When items are returned by post, the refund will be made to the credit/debit card or PayPal account used as payment for the original order.
On returning goods to us you must take reasonable care to repackage the goods appropriately in order that they are unlikely to suffer damage or be destroyed on their return journey. We reserve the right to refuse refunds for returned goods that are received by us either incomplete or not in their original condition. You should be very careful to ensure that any certificates, documents, original packaging and display materials are returned with the appropriate product. We advise that you insure the goods appropriately.
If you have notified us of a problem with the goods, we will either make good any shortage or non-delivery, replace or repair any goods that are damaged or defective upon delivery, or refund to you the amount paid by you for the goods in question.
Security of your personal data is paramount and your personal information will be held securely and will be used in accordance with data protection laws and principles designed to protect your privacy.
As a result we shall never sell or trade your personal information with any third party company.
We only share data to the extent it is necessary to provide you with the goods and services you have ordered for instance the postal service, our payment processing providers for each order you place, and any website hosting provider that we may use.
From time to time we may send you communications containing our news and product updates, unless you have expressly requested that you do not wish to receive any marketing updates from us. If you do not wish to receive updates from our business, please contact us by e-mail at firstname.lastname@example.org
In order to be able to process and deliver your order we need to collect some personal details from you, such as delivery address. The personal data we collect to process your order and provide you with an effective customer service includes:
We do not store credit/debit card details. Once your order has been dispatched any payment details that you have provided will be securely destroyed by Kingswear Bears.
You have a number of rights provided by applicable data protection legislation in the UK including the ability to correct incorrect data that we hold about you. For more information, we recommend that you visit the website of the Information Commissioner's Office, the independent authority responsible for overseeing data protection laws in the UK.
Force Majeure - Events beyond our reasonable control
We shall have no liability to you for any
failure or delay in supply or delivery or for any damage or defect to
goods supplied or delivered hereunder that is caused by any event or
circumstance beyond our reasonable control (including, without
limitation, strikes, lockouts and other industrial disputes).
We at Kingswear Bears have taken every care in the preparation of the content of this website, in particular to ensure that prices quoted are correct at time of publishing and all products have been fairly described. Please note that all sizes and measurements are approximate, exact products may vary from that shown & all items are subject to availability. We have made every effort to accurately display the colours of our products that appear on the website, using the manufacturers official image wherever possible. However, as the actual colours you see will depend on your computer and display screen, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the product on delivery.
Kingswear Bears is providing this site and its contents on an "as is" basis and makes no representations or warranties of any kind with respect to this site or its contents. Kingswear Bears disclaims all such representations and warranties, including for example warranties of merchantability and fitness for a particular purpose. In addition, Kingswear Bears does not represent or warrant that the information accessible via this site is accurate, complete or current.
The goods are suitable for their intended use in the United Kingdom. You should read any labels and abide by any instruction and note any warnings that may come with the goods. We make no warranties, express or implied, that the goods comply with any laws, regulations or standards of any jurisdiction outside the United Kingdom.
We will not be liable to you for any loss of profits, administrative inconvenience, disappointment, indirect or consequential loss or damage arising from any problem in relation to the goods and we shall have no liability to pay any money to you by way of compensation other than any refund we make under these conditions. This does not affect your statutory rights as a consumer.
We may suspend further supply or delivery, stop any goods in transit or terminate our contract by notice in writing to you if you are in breach of an obligation hereunder or you become unable to pay your debts when they fall due or proceedings are commenced by or against you alleging bankruptcy or insolvency. Upon termination, your indebtedness to us becomes immediately due and payable and we shall be under no further obligation to supply goods to you.
Whilst we use our reasonable endeavours to ensure that the information, content and materials on this website are accurate, errors do now and again occur and in using this website you agree that to the extent permitted by applicable laws we make no warranty, condition, representation and/or guarantee of any kind, including without limitation, as to the accuracy and/or completeness of the information, content and materials. If you believe there is an error on the website we should be grateful if you could contact us. You acknowledge that we may change this website from time to time but we have no obligation to update the website.
Copyright, trademarks and all other intellectual property rights
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials, designs and/or content made available as part of your use of this website are considered protected & are owned by or licensed to Kingswear Bears. You may not modify, distribute or re-post anything on this website for any purpose. Any use of this website or its content, including copying or storing it in whole or part is prohibited without the express written permission of Kingswear Bears. The domain address of this website, the website itself (including all content and materials) and the intellectual property rights (and similar rights) therein are the property of Kingswear Bears and/or our licensors. All trademarks (whether registered or unregistered) are the property of their respective owners. You may not use any of our trademarks for any purpose except with our prior written permission. In respect of third party trademarks you should contact the relevant third party owner to determine their trademark use policy (if any).
When you use our website you do so on the basis of a limited non-exclusive revocable licence we grant to you to access and use the website for your personal use only. Except in terms of temporary caching of pages in order to use the website and except for your rights to download and print one copy of the terms and conditions on this website for your personal use you are not allowed to copy, download and/or modify this website and/or all information, content and materials made available on the website. Any and all rights not expressly granted to you are reserved to us and/or our respective licensors.
You may not use any data or information provided on this website in connection with any business or commercial undertaking. You are only entitled to use the information provided on this website in responsible ways and this information may not be used in any malicious, illegal or anti-social activity.
Due to the nature of the internet we are unable to provide any guarantees as to the availability of the website. From time to time the website may not be accessible to you including (without limitation) in order to perform routine or emergency maintenance. We therefore cannot guarantee that the website will be free from interruption or that any transmission in connection with your use of the website will be error free although we will work with our service providers to try and make sure the impact on your use of the website in line with these terms and conditions is minimised. We would ask you to refrain from intentionally seeking to disrupt, damage or impair in any way the website and/or access to the website and you should note that such behaviour may constitute a criminal offence under the Computer Misuse Act 1990. Please be aware that in certain circumstances we reserve the right to block access to the website from a specific user or computer.
Our website may contain links to carefully selected third parties. Where applicable, if you select a third party link you will leave this website and be redirected to your chosen third party site. Please note that we have no control over the websites of such third parties and we can therefore make no warranty or guarantee of any kind in respect of such third party sites, including (without limitation) as to the availability, content, information and materials on such third party sites and we cannot be responsible for the content, information and/or materials made available on such sites.
We reserve the right to change these Terms & Conditions from time to time & would recommend that you look through these as often as possible. Any such changes will take immediate effect upon their posting to the website.
If any part of these conditions is invalid,
illegal or unenforceable the validity, legality or enforceability of any
other part of these conditions will not be affected. This contract shall
be governed by and interpreted in accordance with English law.
We shall look forward to being of service