Website Terms and Conditions (including use of Cookies)

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with the be bound by the following terms and conditions of use, which together with our privacy policy govern our relationship with you in relation to this website.
The use of this website is subject to the followings terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
  • From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
  • You may not create a link to this website from another website or document without our prior written consent.
  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England and Wales.

Website Disclaimer
The information contained in this website is for general information purposes only. The information is provided by us and whilst we endeavour to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under our control. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Internet Copyright Notice

This website and its content is copyright as per the notice on the homepage. All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • You may print or download to a local hard disk extracts for your personal and non-commercial use only
  • You may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

Privacy Policy

This privacy policy sets out how we use and protect any information that you give us when you use this website. We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement. We may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes.

What we collect – we may collect the following information:

  • name and job title
  • contact information including email address
  • demographic information such as postcode, preferences and interests
  • other information relevant to customer surveys and/or offers

What we do with the information we gather – we require this information to understand your needs and provide you with a better service and in particular for the following reasons:

  • internal record keeping
  • we may use the information to improve our products and services
  • we may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided
  • from time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customise the website according to your interests.

Security – we are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.

How we use cookies – a cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyse data about webpage traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites – our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information – we will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1988. A small fee will be payable. If you would like a copy of the information held on you please write to us. If you believe that any information we are holding on you is incorrect or incomplete, please write to or email us as soon as possible at the address on the site. We will promptly correct any information found to be incorrect.

Terms and Conditions of Sale

a. In this contract: "The Company" means Miracle Design and Play Limited. "the Goods" means the goods or services sold or supplied by the Company to the Customer under this contract. "this Contract" means a contract between the Customer and the Company incorporating these Conditions.

b. This Contract governs the sale of Goods by the Company to the exclusion of all other representations, statements, understanding, negotiations, proposals or agreements.

c. Where the customer submits its own order form these terms shall prevail if they conflict with the terms in that form, even if that form includes a condition similar to this one.

d. No employee of the Company or its agents has authority to make any warranty, statement or promise concerning the Goods except in writing signed by a duly authorised employee of the Company.

e. The Customer's order shall be subject to acceptance by the Company.

f. Orders are accepted and estimates of delivery given conditionally on the Company being able to secure the necessary labour or material and without responsibility for delays or non-fulfilment arising through risk and uncertainties of manufacture, strikes, accidents, force majeure or otherwise howsoever caused.

g. All drawings, descriptive and forwarding specifications, particulars of weights and dimensions are approximate only and not binding and illustrations contained in catalogues, price lists, sales literature and other advertisement material are for the purpose of general description only and none of these shall form part of this Contract.

h. Quoted Price unless specifically highlighted does not include an independent safety inspection from Rospa or equivalent body.

i. Quotation is based upon the working hours and access hours of: 08.00-18.00hrs inclusive.

2. Standards

a. Where a BSEN specification or code is applicable, quotations will be given for equipment to that specification code.

b. In the interest of Health and Safety, we reserve the right to change product specification at any time without penalty.

3. Prices

a. We reserve the right to invoice at the price ruling at date of despatch. All prices, unless otherwise stated, are for delivery "ex works" and are exclusive of VAT or any other tax or duty which is or maybe levied or charged in the UK or in the country of destination. Any such taxes, duties or charges shall be paid by the Customer.

b. The prices quoted are valid for one month unless otherwise stated on the quotation.

c. Should the customer require alterations to the order, the price will be varied accordingly.

4. Property of Goods

a. Property of Goods delivered by the company shall not pass to the Customer until payment is made in full. In case of default in payment, the Company shall be granted access rights in order to repossess the Goods. At all times before payment in full:

  • i. the Goods shall stand in the Customer's books in the name of the Company; and
  • ii. the Customer shall take appropriate steps to notify third parties of the Company’s interest in the Goods; and
  • iii. in the event of threatened seizure of the Goods or of appointment of a receiver or Liquidator, or any other event entitling the Company to terminate this Contract under paragraph 9, the Customer shall immediately notify the Company and the Company shall be entitled to enter the Customer's premises and repossess the Goods.

b. If the Customer delivers goods to a third party before payment has been made in full to the Company, the Customer shall hold all sums received for such Goods as trustee for the Company and shall remit them to the Company on receipt.

c. Risk in the Goods shall pass on delivery.

5. Delivery

a. Delivery shall be "ex-works" unless the Company agrees otherwise. If the contract includes delivery by the Company, the Customer shall be responsible for giving the Company clear and accurate instructions as to the place of delivery.

b. Time shall not be of the essence in respect of delivery. If the Goods are to be delivered by a date specified by the customer or by the Company such date is to be treated as an estimate only. The Company does not guarantee that the Goods will be delivered by such date or accept liability for failure to meet the date.

c. The Company does not accept responsibility for any damage, shortage or loss in transit unless: Non-receipt of Goods is advised to the Company within 10 days from the date of the Company's advice/delivery note and any breakage, damage or shortage is advised to the Company and carriers within 3 days of receipt of Goods provided that the carrier's note is marked "unexamined".

d. If during the period of twelve months from the date of invoice the Company is notified of a fault in the Goods which is due to faulty design, manufacturing or materials, the Company will replace or (at its option) repair the faulty part free of charge provided that:

  • i. The goods have been properly kept, used and maintained in strict accordance with the manufacturers or the Company's instructions, if any, and have not been modified.
  • ii. The fault is not due to accidental or wilful damage, interference with or maintenance of the Goods by persons other than the Company or it’s duly appointed Agent.
  • iii. This guarantee does not cover fair wear and tear.
  • iv. The Customer will be required to return faulty Goods to the Company.

6. Settlement Terms

a. Terms will be agreed with each Customer for their specific Contract. Dates for stage payments and a final payment will be set. The Company will send out invoices on the agreed dates and these will be payable by the Customer immediately. The Company will therefore expect to receive payment against “immediate payment" invoices from the Customer within 7 days of the date of the invoice. These terms must be strictly adhered to otherwise the account will be charged nett. If for any reason the Company does not receive unconditional payment in full, whether under any terms of credit facilities or otherwise, within the terms of the Contract, the Company may charge daily interest on such payments at a rate equal to 4% per annum above the Base Lending rate of Barclays Bank PLC, such interest to run from day to day to accrue before as well as after any judgement.

b. Overseas/Export Sales: Special terms will be quoted for overseas/export deliveries.

7. Warranties

a. Warranties on Miracle kit is as detailed in the Miracle brochure.

b. Where the Company is contracted to install a play area, our standard warranty for the work is one year.

c. Warranty on safer surfacing is dependant upon the product supplied.

8. Limitations of Liability

a. Except where expressly contained in this Contract, all warranties, conditions, undertakings and representations, express or implied, statutory or otherwise, are excluded and the Company has no obligation, duty or liability in Contract, tort (including negligence or breach of statutory duty) or otherwise.

b. In any event, the Company's liability arising for any reason in connection with this Contract shall be limited to the original invoice value of the Goods.

c. In no circumstances will the Company be liable in Contract, tort (including negligence or breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business or anticipated savings, or for any indirect or consequential loss or damage whatever.

d. The Company does not exclude or restrict liability for death or personal injury resulting from its own negligence.

e. Each provision of this Condition is to be construed as a separate limitation applying and surviving even if for any reason one or other of the said provisions is held unreasonable in any circumstances and shall remain in force notwithstanding termination of this Contract.

9. Termination

a. The Company shall have the right forthwith to terminate this Contract and to claim for any resulting losses or expenses if:

  • i. the Customer commits a breach of this Contract and fails to remedy the breach within a reasonable time of a written notice to do so or:
  • ii. the customer commits any act of bankruptcy or compounds with its creditors: or a petition or receiving order in bankruptcy is presented or made against the Customer: or a petition for an administration order is presented (otherwise than for reconstruction or amalgamation) or an administrative receiver or any similar event occurs under the laws of the state where the Customer was incorporated.
  • b. We cannot accept cancellation of orders for goods made specially to customer's requirements and reserve the right to make a cancellation charge of up to 50% of the value of the goods.

10. Force Majeure

a. The Customer shall indemnify the Company against all damages, penalties, cost and expenses arising out of any claim by any third party for any infringement or alleged infringement of any third party's industrial or intellectual property rights in any work carried out in accordance with the Customer's specifications.

b. Copyright in all drawings prepared by the Company are the Company's property and copyright must be regarded as confidential. Such drawings must not be published or disclosed under any circumstances without the Company's permission in writing.

11. Applicable Law

The Law of England shall be the proper law of Contract the proper law of Contract

12. Product Finishing

Due to the nature of the shipping and installation of the equipment minor blemishes are unavoidable. In this instance scratches and blemishes to both plastic and steel products will be re-finished on-site as part of the snagging process. E.g. Paints scratches will touched up and plastic scratches will be polished out by hand. Paint colour and shade finishes may vary but aren’t seen as detrimental to the performance of the play equipment.

Miracle Design and Play Limited
Registered No: 4046661
Registered Address: 14 Duncan Close, Moulton Park, Northampton NN3 6WL