Terms of service

Totter + Tumble Terms and Conditions

These Terms and Conditions govern the use of our websites and the purchase of Products from us. By placing an order or using our site, you agree to be bound by these Terms.

1. Information about us

We operate the websites:

www.totterandtumble.co.uk for UK customers
www.totterandtumble.eu for European customers
www.totterandtumble.com for customers in North America

For orders placed on:

www.totterandtumble.co.uk: your contract is with Totter + Tumble Ltd, a company registered in England and Wales under company number 11146340. Our registered office and trading address will be set out on our website. Our VAT number is GB288598815.
www.totterandtumble.eu: your contract is with Totter and Tumble B.V., registered at Kraijenhoffstraat 137 A, 1018 RG Amsterdam, NL.
www.totterandtumble.com: your contract is with Totter and Tumble LLC, registered in Delaware, US. Separate local terms may apply for North American customers.

Authorised Representative for our Northern Ireland customers is Susie Stubbs, Totter and Tumble B.V.

Nothing in these Terms removes or reduces any mandatory consumer protection rights you have under the laws of the country where you live.

If you need to contact us, you can email info@totterandtumble.co.uk or use the Contact Us form on our website. Please include your order number where possible.

2. Use of our site

Your use of our site is governed by these Terms and any additional website terms or policies referred to on the site, including our Privacy Policy and Cookie Policy. Please read them carefully.

By using our site you confirm that you are at least the age of majority in your country of residence, and that you will not use our site or any Products for any unlawful or unauthorised purpose.

All content on our websites, including text, images, graphics, logos, icons, videos, audio clips, page layouts, software and any other materials, is owned by or licensed to Totter + Tumble and is protected by copyright, trade mark and other intellectual property rights. All such rights are reserved.

You may view and print pages from our site for your own personal, non commercial use, or for legitimate internal business use, but you must not otherwise copy, reproduce, publish, distribute, transmit, adapt, edit or create derivative works from any part of our site without our prior written permission.

You must not use any robot, spider, scraper, data mining tool, automated process or similar mechanism to access, monitor, copy or extract any part of our websites or their content, other than as necessary for normal use of the site in a web browser.

You must not use, and must not allow any third party to use, any part of our websites or any content on them, including our product descriptions, imagery and terms, to train, develop or operate any artificial intelligence system or machine learning model, or to create any dataset for those purposes, without our prior written permission.

You must not create any website, product or service that copies or closely mimics the look and feel of our websites, or that misleads users into thinking it is associated with or endorsed by Totter + Tumble.

3. If you are a consumer

If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

These Terms and any documents expressly referred to in them constitute the entire agreement between you and us in relation to the subject matter of the Contract. Nothing in this section limits your rights to rely on mandatory pre‑contract information or statutory consumer rights.

4. How the contract is formed between you and us

Our shopping pages guide you through the steps you need to take to place an order. Please read and check your order carefully at each stage and double check the details in your Order Confirmation email.

After you place an order, you will receive an email acknowledging that we have received it. This does not mean we have accepted your order. Our acceptance will take place when we send you an email confirming dispatch of the Products (the “Dispatch Confirmation”). The Contract between us is formed at that point.

If we cannot supply a Product, for example because it is out of stock or discontinued, because there is an error in the price, or because we cannot meet the delivery date, we will inform you by email and will not process your order. If you have already paid, we will refund you in full, including the standard delivery cost you originally paid where we cancel the whole order.

We reserve the right to refuse any order. We may, in our discretion, limit or cancel quantities per person, per household or per order, for example where we reasonably believe an order is being placed by dealers, resellers or distributors.

5. Our products

The images of Products on our site are for illustrative purposes only. Although we make every effort to display colours accurately, we cannot guarantee that your device display of colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.

Due to the foam, there can be plus or minus 2 percent variation in size and weight of our Products, and due to the repeat pattern we cannot guarantee that patterns will line up across two playmats.

Because of how screens convey colour and how lighting affects tone, we cannot accept colour not as expected as meaning that the Product is faulty or not as described. You can still use your right to cancel and return the Product in line with the sections below. We recommend you use our Swatch Service.

The packaging of Products may differ from that shown in images on our site.

6. Price and payment

The price of Products will be as quoted on our site at the time you submit your order. We take reasonable care to ensure that the prices of Products are correct when the relevant information is entered onto our systems.

Prices for Products may change from time to time, but changes will not affect any order you have already placed.

For orders delivered within mainland UK, including Northern Ireland, the price includes UK VAT at the applicable rate, unless otherwise stated. The price of Products does not include delivery charges. Delivery charges are as advised to you during the checkout process, before you confirm your order.

You can pay for Products using a debit card, credit card, PayPal, Apple Pay or any other methods displayed at checkout. Payment for Products, including pre orders, and all applicable delivery charges, is taken in advance at the point of order unless we have agreed credit terms with you under the Business Customers section.

We reserve the right to correct any pricing errors and will give you the option of continuing with your order at the correct price or cancelling and receiving a refund of any sums paid.

From time to time we may offer discounts or promotional pricing which depend on you purchasing a minimum quantity of Products, a minimum order value, or meeting other specified conditions. If you later cancel or return part of your order so that those conditions are no longer met, we may recalculate the price of the Products you keep based on the prices that would have applied without the discount, and adjust any refund due to you accordingly.

You agree to use discount codes only in accordance with any terms on which they were issued, such as eligibility, usage qualification limits and expiry. We may cancel or refuse to honour a discount code where we reasonably believe it has been used fraudulently, misused or shared contrary to those terms, acting fairly and in accordance with applicable law. In that case we may adjust the price of your order and ask you to confirm if you still wish to proceed, or cancel the order and refund any amounts you have paid.

7. Dispatch, delivery and when you become responsible for the Products

Information on delivery options and charges is provided on our Delivery Policy and at checkout.

We aim to dispatch mainland UK orders placed before 12 pm Monday to Friday on the same day, excluding bank holidays and other days notified on our site. All dispatch and delivery times are estimates and not guaranteed, but we will keep you updated where possible. If you place an order before the cut off time stated on our Delivery Information page (usually 12 pm), you must ensure you are ready to receive the delivery from the next working day onwards, or manage any alternative arrangements directly with the courier where their service allows.

Delivery of an order is complete when the Products are delivered to the address you gave us or to another safe location or alternative recipient that you have agreed with the courier, and the Products will be your responsibility from that time. For pallet deliveries, delivery is complete when the palletised Products are left at the kerbside of the delivery address you gave us, as described further in section 13.3.

Your playmat will usually need to be signed for and actively received by someone at the delivery address. Since Covid 19, couriers sometimes sign on behalf of customers. This will still be treated as successful delivery if the parcel is delivered to you or to a person or safe place you or the courier have authorised in line with the courier terms.

If your address is a flat or communal building, delivery may occur to a secure communal space or postal area, provided this is in line with building rules and courier practice, where this will be considered as within your physical possession. If this is not suitable for you, please tell the courier directly before the order is out for delivery, where their service allows.

If delivery is significantly delayed, you may have legal rights to treat the Contract as at an end and receive a refund for any Products not delivered. Please contact us if you experience a serious delay.

We will use reasonable care and skill to arrange delivery of your order within the timeframes we indicate. If your delivery is further delayed, or if you experience a poor delivery service, but the Products are delivered and are not damaged, our responsibility to you will be limited to:

any rights you have to cancel the order and receive a refund under these Terms or under your statutory rights, and
correcting any delivery errors we are responsible for, such as arranging redelivery where appropriate.

We do not offer compensation for inconvenience, loss of earnings, missed appointments or similar costs arising from delayed or poor delivery where the Products are ultimately delivered and are not damaged, except where we are required to do so by law.

8. Your legal right to cancel

This section only applies if you are a consumer.

If you are a consumer in the UK, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the cancellation period explained below. This means that, during that period, if you change your mind or decide for any reason that you do not want to receive or keep a Product, you can tell us you wish to cancel and receive a refund.

Cancellation period

Your legal right to cancel starts from the date of the Dispatch Confirmation, when the Contract is formed, and ends 14 days after the day on which you, or someone you nominate (other than the carrier), receives the Product.

If your order is for multiple Products or multiple deliveries, the cancellation period ends 14 days after the day the last Product is delivered.

How to cancel

To cancel, please email info@totterandtumble.co.uk or reply to your Order or Dispatch Confirmation email, including your name, address, order number and details of the Products you wish to cancel. You can use any clear statement that you wish to cancel.

You must send your cancellation notice before the end of the 14 day cancellation period.

Returning Products after cancellation

If you cancel the Contract after the Products have been dispatched or received, you must send them back to us without undue delay and in any event no later than 14 days after the day on which you told us you wished to cancel.

You are responsible for the direct cost of returning the Products to us, unless we have agreed otherwise or the Products are faulty or not as described.

You must take reasonable care of the Products while they are in your possession. You may handle them only as you would in a shop to check their nature, characteristics and functioning. We do not require Products to be in perfect packaging for you to exercise your legal right to cancel, but we may make a deduction from your refund for any loss in value caused by handling beyond what is necessary to inspect them. As these products are intended for use by babies, we ask that they are not used.

9. Our goodwill return policy (consumers)

In addition to your legal cancellation rights, we offer the following goodwill policy to our consumer customers:

You may return a Product within 30 days of the date of your Dispatch Confirmation.
Products should be unused and in their original condition, including inner and outer packaging, to help us process your return quickly.
Returns under this goodwill policy are at your own cost unless the Product is faulty or not as described.
This goodwill policy does not affect your legal rights to cancel or to remedies for faulty goods.

We encourage customers to report any imperfections as soon as reasonably possible so we can investigate swiftly. We ask that you let us know within 7 days of delivery, or 24 hours for items marked as Sale or Open Box. This does not affect your statutory rights.

Sale items are covered by your legal right to cancel if purchased online. Our separate 30 day goodwill policy does not apply to sale items and we make this clear on the product page.

Vouchers and gift cards are non refundable once purchased, except where required by law.

To arrange a return, please follow the guide on our Returns Page here.

10. Refunds (consumers)

Once we have received the returned Products, we will process your refund as soon as possible and in any event within:

14 days from the day we receive the Products back from you, or
if earlier, 14 days from the day you provide evidence that you have sent the Products back.

If you exercise your legal right to cancel the whole order:

We will refund the price you paid for the Products.
We will also refund the standard delivery cost you paid. If you chose a more expensive delivery option, such as express delivery, we will only refund the cost of our standard delivery.
We may reduce your refund to reflect any reduction in the value of the Products caused by your handling them in a way that would not be permitted in a shop.

If you return Products under our goodwill policy outside your legal cancellation period, we will refund the price of the Products but not the original delivery charges.

Refunds will be made to the original payment method used.

11. Warranty (consumers)

Totter + Tumble playmats come with a one year manufacturer warranty from the date of purchase. This warranty covers defects in manufacturing discovered while using the product as recommended.

The warranty does not cover normal wear and tear, stains or damage, intentional or unintentional, including but not limited to:

misuse, for example placing heavy or sharp edged objects on the mat, or using it for an unintended purpose
abuse or negligence, for example cleaning with rough surfaces or suction such as a hoover, or with harsh chemicals such as nail polish remover, acids, alkalis, acetone, bleach and similar products
improper storage conditions, lightning or natural disasters, commercial use, or damage to flooring due to improper care
modification of the Product, for example cutting it to size
failure to follow our Care Guide, which is provided with your playmat and available on our website.

To make a warranty claim, the purchaser should email info@totterandtumble.co.uk with proof of purchase and details of the issue, including photos, as soon as reasonably possible and within a reasonable time of discovering the problem.

We will assess whether the issue falls within the warranty, acting reasonably and in line with your statutory rights.

If we determine that the warranty applies:

in the first 6 months, we will normally offer a replacement, subject to stock availability, or another appropriate remedy
in the second 6 months, we may offer a partial refund, replacement or other appropriate remedy, depending on the nature of the issue and usage.

This warranty is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described.

12. Our liability to you as a consumer

If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if, at the time we entered into the Contract, both we and you knew it might happen.

We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or resale purposes. We have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.

We do not in any way exclude or limit our liability for:

death or personal injury caused by our negligence
fraud or fraudulent misrepresentation
any breach of the terms implied by sections 12 to 15 of the Sale of Goods Act 1979, including title, description, satisfactory quality, fitness for purpose and samples
defective products under the Consumer Protection Act 1987
any other liability that cannot be limited or excluded by law.

To the extent any other provision in these Terms, including in any separate website terms of service, appears to limit these rights, this consumer liability section takes precedence for purchases of Products by consumers.

13. Additional terms for Business Customers

This section applies only where you are purchasing Products in the course of business, for example as a nursery, school, childcare or education setting, and where you have a trade hub account with us. If you are a consumer, this section does not apply to you.

13.1 Business status and no reseller rights

By applying for and using a trade hub account, you confirm that:

you are acting in the course of a business or profession, and not as a consumer
you are purchasing Products for use in your own setting and not primarily for resale.

You are not an authorised reseller of Totter + Tumble Products unless we have agreed this with you in a separate written agreement. You must not hold yourself out as an authorised retailer of Totter + Tumble, or resell our Products, without our prior written permission.

13.2 Trade hub accounts and pricing

We may approve or refuse trade hub account applications at our discretion. We may suspend or close your trade hub account, or change your access, if you breach these Terms, if your account is inactive for a prolonged period, or if we reasonably believe there is misuse of your account.

You must keep your trade hub login details secure and not share them outside your organisation. You are responsible for all activity that takes place under your account.

All trade pricing, discounts and other commercial terms displayed in the trade hub are confidential. You must not share or publish our trade prices or discounts, including by sharing screenshots or forwarding emails, outside your organisation without our written consent.

All pricing is subject to change.

13.3 Orders, delivery and pallet deliveries (Business Customers)

Orders placed through the trade hub are subject to acceptance by us, as set out in section 4 above.

Where indicated at checkout or in our Shipping Policy, larger volume orders will be delivered by doorstep pallet delivery to the single delivery address you select at checkout. It is your responsibility to ensure that:

the delivery address has suitable access for pallet delivery
someone is available at the address on the delivery day to receive the pallet
you have suitable equipment or personnel to move the goods from the kerbside or delivery point into your premises.

If doorstep pallet delivery cannot be completed because access is unsuitable, no one is available to receive the delivery, or delivery is refused, we may charge you for any reasonable additional delivery, storage or redelivery costs we incur, or cancel the order and refund the price paid less those reasonable costs.

If you place an order for multiple items to one delivery address, we cannot split that order between multiple addresses. If you need Products sent to different addresses, you must place a separate order for each delivery address.

For Business Customers, risk in the Products passes on delivery, as described in section 7. Title to the Products is dealt with in section 13.5 below.

13.4 Payment and credit terms (Business Customers)

Some Business Customers must pay in full at the time of order, in the same way as our consumer customers. Subject to further checks, other Business Customers may be offered a credit account with payment terms, such as payment within 30 days of the invoice date. Any credit terms will only apply if we have confirmed them to you in writing.

If you have a credit account, your invoice will be available on your account when we dispatch your order, unless we agree otherwise in writing. You must pay all invoices in full, without set off or deduction, by the due date stated on the invoice.

We may review, change or withdraw any credit terms at any time, including reducing your credit limit or requiring payment upfront, for example if invoices are overdue, if your circumstances change or if we reassess credit risk.

If you do not pay the full sum due to us by the due date:

we may charge you interest on the overdue amount at a rate of 5 percent per year above the Bank of England base rate, accruing daily from the due date until payment in full
we may charge you our reasonable costs of recovering the overdue amount, including external debt collection and legal costs, where we instruct third parties to act
we may suspend further deliveries to you, refuse new orders and withdraw any credit terms until all overdue sums, including interest and costs, have been paid.

13.5 Returns by Business Customers

Your statutory consumer cancellation rights do not apply to Business Customers. However, in addition to any rights you may have in relation to faulty or mis‑described Products, we may in our discretion allow you to return non faulty Products.

If we agree to accept a return of non faulty Products from a Business Customer:

you are responsible for arranging and paying for return shipping, unless we agree otherwise
Products must be returned in a condition that allows us to resell them as new, including with all original packaging where reasonably possible
we may deduct a restocking or handling charge, or reduce any refund, where Products or packaging are not in a resaleable condition, or where we incur additional costs in processing the return.

Any agreed returns policy for Business Customers will be set out in the trade hub, on your invoice or in separate written terms agreed with you.

13.6 Retention of title for Business Customers

Risk in the Products passes to you on delivery, but we retain legal ownership of all Products supplied to Business Customers until we have received in full all amounts due to us in respect of those Products and any other Products we have supplied to you.

Until title passes:

you must store the Products separately from your other goods, clearly marked as belonging to Totter + Tumble, and keep them in satisfactory condition
you must not remove, deface or obscure any identifying marks or packaging on the Products
you must not sell or otherwise dispose of the Products, or create any charge or other security over them, without our written consent.

If you do not pay any sum due to us, or if you become insolvent or are the subject of any insolvency or similar process, we may, at any time, require you to deliver up any Products over which we retain title that are still in your possession, and we may enter your premises, or those of any third party where the Products are stored, to recover them. We will exercise these rights in a reasonable manner.

13.7 Business warranties and limitation of liability

For Business Customers, we warrant that on delivery the Products will conform in all material respects with their description and be of satisfactory quality within the meaning of the Sale of Goods Act 1979.

Except as expressly set out in these Terms, all warranties, conditions and other terms implied by statute or common law are excluded to the fullest extent permitted by law.

Our total liability to Business Customers in respect of all losses arising under or in connection with a Contract, whether in contract, tort, negligence or otherwise, will be limited to the total price paid by you for the Products under that Contract.

We will not be liable to Business Customers for any loss of profit, loss of revenue, loss of anticipated savings, loss of contracts, loss of goodwill, or any indirect or consequential loss or damage.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be limited or excluded.

14. Governing law and jurisdiction

If you are a consumer and you buy Products from our UK website, these Terms are governed by English law and you can bring legal proceedings in the English and Welsh courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.

If you are a Business Customer, any dispute or claim arising out of or in connection with a Contract or these Terms shall be governed by and construed in accordance with the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction.

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For large orders, please contact trade@totterandtumble.co.uk for support.