Terms of service
TERMS OF SERVICE
IMPORTANT — PLEASE READ CAREFULLY. These Terms of Service ("Terms") form a legally binding agreement between you ("You", "Your") and Hitchkin Ltd, company number 17444247 ("Hitchkin", "We", "Us", "Our"). By accessing hitchkin.com (the "Website") or placing an order, You agree to be bound by these Terms in their entirety, together with Our Shipping Policy, Cancellation & Returns Policy, Payment Policy, Privacy Policy and Safety Notice, each of which is incorporated by reference. If You do not agree, do not use the Website or place an order.
These Terms contain: a product safety disclosure and assumption of risk (Section 5); limitations of liability to the fullest extent permitted by the law of England and Wales (Section 15); and Our rights to refuse or cancel orders (Section 8).
PRODUCT SAFETY DISCLOSURE. IT IS ESSENTIAL THAT ALL USERS FOLLOW THE SAFETY NOTICE AND INSTRUCTIONS SUPPLIED WITH EVERY HITCHKIN PRODUCT. HITCHKIN PRODUCTS ARE CARRY ASSISTS, NOT HANDS-FREE CARRIERS. THEY DO NOT REPLACE CONTINUOUS ADULT SUPERVISION AND CONTROL OF A CHILD. TO THE FULLEST EXTENT PERMITTED BY LAW, HITCHKIN SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY RESULTING FROM MISUSE, FROM USE CONTRARY TO THE SAFETY NOTICE OR INSTRUCTIONS, OR FROM A FAILURE TO SUPERVISE A CHILD. BY USING ANY HITCHKIN PRODUCT YOU ACKNOWLEDGE AND ACCEPT THE INHERENT RISKS DESCRIBED IN SECTION 5 AND IN THE SAFETY NOTICE.
Nothing in these Terms affects Your statutory rights as a consumer, which cannot be excluded.
1. Eligibility and Website use
By using the Website You represent that:
(a) You are at least 18 years old;
(b) You have legal capacity to enter into a binding contract;
(c) You are purchasing as a consumer for personal, domestic use and not for resale or business purposes; and
(d) all information You provide is accurate, current and complete.
2. Privacy
Our Privacy Policy describes how We collect, use and protect personal data and is incorporated into these Terms. Hitchkin Ltd is registered with the Information Commissioner's Office.
3. Prohibited conduct
You agree not to: attack, probe or interfere with the Website or its infrastructure; upload malicious code; use bots, scrapers or automated systems without Our written consent; submit false, misleading or fraudulent information at any stage; infringe Our intellectual property or that of any third party; harvest other users' data; or use the Website for any unlawful purpose.
We may suspend or terminate Your access to the Website, and refuse future orders, at Our sole discretion and without notice where We reasonably believe You have breached these Terms, provided false information, engaged in conduct harmful to Our interests, or attempted to abuse Our policies.
4. Products for personal use only
Products purchased from the Website are for Your personal, non-commercial use.
You may not resell, redistribute, modify, reverse-engineer or commercially exploit any product.
Resale outside authorised channels voids any voluntary guarantee, return privilege or policy benefit We offer.
We may limit quantities, refuse or cancel orders that in Our judgement appear to be placed by resellers or for commercial purposes, and restrict sales to any person or region.
5. Safety, intended use and assumption of risk
5.1 Nature of the product
The Hitchkin hip seat is a carry assist worn by an adult to support part of a child's weight while the adult holds the child.
It is not a hands-free carrier.
It must not be relied on to hold a child without the adult's continuous hold and supervision.
Any accessory is subject to the same requirement unless its product page expressly states otherwise.
5.2 Your acknowledgements
By purchasing or using any Hitchkin product You acknowledge and agree that:
a) carrying a child involves inherent risk, and no carrying product removes the need for continuous adult supervision and control of the child;
b) You will read the Safety Notice and the instructions supplied with the product before first use and follow them on every use;
c) You will use the product only within its stated age and weight limits and only for a child who can sit unassisted and hold their head up;
d) You will inspect the product before every use and will not use it if any part is worn, damaged, loose, altered or missing;
e) You will not use the product in any vehicle, on a bicycle or other conveyance, while running, jumping or exercising, near heat, cooking, stairs, uneven ground or water, or in any situation where a fall could cause injury;
f) You are solely responsible for assessing whether the product is suitable for You and Your child, including any physical condition of the wearer, and for discontinuing use if it causes discomfort;
g) products are for use by adults only and are not toys.
Use contrary to this Section constitutes misuse.
5.3 No medical advice
Nothing on the Website or in Our materials is medical, orthopaedic or physiotherapeutic advice.
Consult a qualified professional before using any carrying product if You or Your child have a medical condition, or if You have any concern about suitability.
6. Accuracy of information
We endeavour to describe products accurately.
Product images and video, on the Website and in Our advertising, are illustrative only: colours, prints and finishes may vary, and items shown for context are not included.
The description, intended use, age range and weight limits that govern Your order are those on the product page at the time of order and in the instructions supplied with the product.
No statement outside those forms part of the contract.
Typographical errors, inaccuracies or omissions relating to descriptions, pricing, offers, delivery estimates or availability may occur; We may correct them and cancel affected orders at any time, including after an order has been placed.
7. Prices and modifications
Prices are in pounds sterling.
Any applicable delivery charges are displayed at checkout before You place Your order.
We may change prices, descriptions and offers, and modify, suspend or discontinue the Website or any product, at any time without notice.
Promotional prices apply only for the period stated and cannot be applied retrospectively.
Offers are void where prohibited by law.
8. Order placement and acceptance
Your order is an offer to purchase.
An order confirmation email is an acknowledgement, not acceptance.
No contract is formed until We email You to confirm dispatch.
We may refuse, limit or cancel any order before dispatch for any reason, including unavailability, pricing or description error, suspected fraud, payment verification failure, breach of these Terms, or excessive quantities.
Any payment taken for a refused order is refunded to the original payment method.
We may require additional verification before processing any order.
We are not liable for any loss arising from Our refusal to accept an order.
8.1 Cancellation by You before dispatch
You may cancel an order within one (1) hour of placing it using the link in Your order confirmation email.
Because Our fulfilment is automated, orders enter processing after that window and cannot be cancelled before dispatch.
Cancellation after delivery is governed by the Cancellation & Returns Policy.
9. Payment
Payment is taken when You place the order.
By submitting payment You represent that You are authorised to use the payment method, that the billing and delivery details are accurate, and that sufficient funds exist.
You are responsible for any fees imposed by Your bank or card issuer.
Full payment terms are in the Payment Policy.
10. Delivery
We deliver within the United Kingdom only.
Delivery times are estimates and are not guaranteed.
You are solely responsible for providing a complete and accurate delivery address; We are not responsible for late, lost or undeliverable orders caused by incorrect address information.
Full terms are in the Shipping Policy.
11. Delivery confirmation
Delivery confirmation recorded by the carrier's tracking system is evidence of delivery to the address You provided.
Where a parcel is recorded as delivered but You have not received it, You must follow the procedure in the Shipping Policy within the time stated there.
12. Cancellation, returns and refunds
Governed by the Cancellation & Returns Policy, incorporated by reference.
Products returned outside its conditions may be refused or subject to deduction as that policy sets out.
13. Payment disputes
Contact Us before raising a dispute with Your bank or card provider; We resolve most issues within one working day and a dispute delays any refund.
Where a chargeback is raised for an order recorded as delivered, for a product returned outside Our conditions, for an order on which a refund has already been issued, or without first contacting Us, We will contest it by providing the card issuer with Our order, delivery, verification and correspondence records, and We may restrict the customer from future purchases.
Nothing in this Section restricts Your lawful right to dispute a charge with Your bank or card provider.
14. Intellectual property
All content on the Website, including text, images, photographs, video, graphics, logos, layouts and designs, and the Hitchkin name and marks are owned by or licensed to Hitchkin Ltd and protected by UK and international law.
You are granted a limited, revocable, non-transferable licence to view the Website for personal, non-commercial purposes.
You may not copy, reproduce, distribute, adapt, scrape, mirror or commercially exploit any content, or use any Hitchkin mark, without Our prior written consent.
15. Liability
15.1
Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under the law of England and Wales, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, under the Consumer Protection Act 1987 for defective products, or for breach of the terms implied by the Consumer Rights Act 2015.
15.2
Subject to 15.1, to the fullest extent permitted by law:
a) We are not liable for any loss, damage or injury arising from misuse; from use contrary to the Safety Notice or instructions; from use outside the stated age or weight limits; from alteration of a product; from use of a damaged, worn or altered product; or from a failure to supervise a child;
b) We are not liable for loss or damage that was not a foreseeable result of Our breach of these Terms or of Our failure to use reasonable care;
c) We are not liable for indirect or consequential loss, loss of income or profit, or any business loss; products are supplied for domestic and private use only;
d) Our total liability to You in connection with any order, however arising, shall not exceed the price paid for that order;
e) We are not liable for delay or failure caused by events outside Our reasonable control (Section 22).
16. Product safety notices and recalls
Where We issue a safety notice or recall, We will do so by email to the address on the order and by notice on the Website.
You are responsible for keeping Your email address current and for acting on any notice.
Please report any safety concern with a product to hello@hitchkin.com.
17. Reviews, testimonials and submissions
Anything You submit to Us or post about Our products, including reviews, photographs, video, comments and feedback, is non-confidential.
You grant Hitchkin a royalty-free, worldwide, perpetual, irrevocable, transferable and sublicensable licence to use, reproduce, adapt, publish and display it in any medium for any purpose, including advertising.
You warrant that it is truthful, that it does not infringe any third party's rights, and that You have the consent of any person shown, including a parent or guardian for any child.
18. Abuse of policy
We monitor return, refund and dispute activity.
Conduct that suggests abuse, including serial returns, repeated claims of non-delivery, multiple payment disputes, attempts to obtain a refund while retaining a product, use of multiple identities or addresses to circumvent limits, or false statements, may result in refusal of current and future voluntary remedies, restriction from future purchases, reporting to fraud-prevention services, and pursuit of legal remedies.
Your statutory rights are unaffected.
19. Third-party links and social media
The Website may link to third-party sites We do not control; Your use of them is at Your own risk and subject to their terms.
Comments by users on Our social media channels are those users' own; We have no obligation to monitor or remove them.
20. Electronic communications
You agree that We may communicate with You electronically, including by email and notices on the Website, and that electronic communications satisfy any legal requirement that a communication be in writing.
21. Marketing communications
Where You have consented, or where We may lawfully contact existing customers about similar products, We may email You marketing.
You may unsubscribe at any time using the link in any email.
Consent to marketing is not a condition of purchase.
22. Events outside Our control
We are not liable for any delay or failure to perform caused by events beyond Our reasonable control, including natural disaster, severe weather, epidemic, government action, war, civil unrest, strike or labour dispute, carrier or postal disruption, supply-chain interruption, cyber-attack or utility failure.
Delivery timelines are extended accordingly.
Where such an event prevents delivery for more than 30 days from the order date, You may cancel for a refund of the price paid.
23. Assignment
You may not assign or transfer Your rights under these Terms.
We may assign or transfer Our rights and obligations to any affiliate, successor or purchaser of Our business without Your consent; this will not reduce Your rights.
24. No waiver
No failure or delay by Us in exercising any right is a waiver of that right.
No waiver is effective unless in writing.
25. Severability
If any provision of these Terms is held unlawful or unenforceable, it shall be enforced to the fullest extent permitted and the remainder shall continue in full force.
26. Termination and survival
We may suspend or terminate Your access to the Website at any time.
Sections 3, 4, 5, 13 to 20 and 22 to 28 survive termination.
27. Entire agreement and changes
These Terms, with the policies incorporated by reference, are the entire agreement between You and Us in relation to Your order and supersede all prior representations.
We may update these Terms at any time by posting the revised version on the Website.
The version in force when You place an order governs that order.
28. Governing law and jurisdiction
These Terms are governed by the law of England and Wales.
The courts of England and Wales have jurisdiction, save that if You live in Scotland or Northern Ireland You may bring proceedings in Your local courts.
Please contact Us before commencing any proceedings.
29. Contact
BY ACCESSING THE WEBSITE OR PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS.