TERMS AND CONDITIONS OF SALE OF THE Little OUTFITTERS LTD
1 DEFINITIONS
1.1 "Buyer" means the individual or organisation that buys or agrees to buy the Products from the Seller;
1.2 "Contract" means the contract between the Seller and the Buyer for the sale and purchase of Products incorporating these Terms and Conditions;
1.3 "Products" means the articles (including any digital content) that the Buyer agrees to buy from the Seller;
1.4 "Seller" means The Little Outfitters Ltd of 4 York Road Bowdon, Altrincham, Cheshire WA14 3EQ that owns and operates www.thelittleoutfitters.com;
1.5 "Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
1.6 "Website" means www.thelittleoutfitters.com
1.7 “Dispatch Confirmation” means a confirmation email that is sent to the Buyer, when the Products are ready to send, listing the time and place of delivery.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a consumer, which means that the Buyer has seven working days starting from the day after delivery to cancel the agreement.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Products by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Ordering any of the Products shall be deemed conclusive evidence of the Buyer’s acceptance of these Terms and Conditions. If the Buyer refuses to accept these terms and conditions, the Seller will not be able to order any Products from the Website.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
2.5 Any complaints should be addressed to the Seller's address stated in clause 1.4
3 ORDERING (Box purchase)
3.1 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are set out below:
3.1.1 As the parent or guardian of a child under the age of eighteen years, the Buyer will complete a profile questionnaire on the Website, place a specific subscription request, and provide the Seller with the payment card information.
3.1.2 The Buyer's assigned stylist will prepare a selection of clothes based on the Buyer's request, arrange the delivery and return of its Box. Once this is arranged, the Seller will send the Buyer a Dispatch Confirmation email with all the details.
3.1.3 The Buyer will receive a Box with the selection of items the assigned stylist hand-picked for the Buyer, which the Buyer will be able to try on at home.
3.1.4 The Buyer will be in charge of returning its Box using the available method and following the guidelines enclosed with the sale note sent to the Buyer with the order. This needs to happen no later than 5 days after the Buyer received its Box. If the Buyer needs to change the return method or day, please contact your assigned stylist or at contact@thelittleoutfitters.com. Shipping to return the order is free but the Seller reserves the right to levy a small fee for exchanges to cover only the postal charges.
3.1.5 Once the Seller has received any unwanted items back from you, these will be logged onto the Seller's system and the Buyer will be invoiced and charged for the Products that the Buyer have retained.
3 ORDERING (Sale purchase)
3.1 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are set out below:
3.1.1 As the parent or guardian of a child under the age of eighteen years, the Buyer will complete the check-out process via the Website and provide the Seller with the payment card information.
3.1.2 The Seller will send the Buyer a Confirmation email with all the details and process the payment.
3.1.3 All sales are final, refunds are not accepted.
4 SERVICE AVAILABILITY
The Seller only accept orders from addresses within the United Kingdom.
5 THE BUYER'S STATUS
5.1 By placing an order through the Website, the Buyer warrants that:
5.1.1 they are legally capable of entering into binding contracts;
5.1.2 they are at least 18 years old;
5.1.3 they possess a valid credit or debit card;
5.1.4 they are resident in the UK; and
5.1.5 they are accessing the Website from the UK.
6 THE SELLER'S STATUS
The Seller may also provide links on the Website to the websites of other companies, whether affiliated with the Seller or not. The Seller cannot give any undertaking that products purchased from third party sellers through the Website, or from companies to whose website we have provided a link on the Website, will be of satisfactory quality, and any such warranties are disclaimed by us absolutely. This disclaimer does not affect the Buyer's statutory rights against the third party seller. If the Buyer would like information about their legal rights, the Buyer should contact their local trading standards or citizens advice bureau. The Seller will notify the Buyer when a third party is involved in a transaction, and the Seller may disclose the Buyer's personal information related to that transaction to the third party seller.
7 HOW THE CONTRACT IS FORMED BETWEEN THE BUYER AND THE SELLER
First the Buyer requests a Box of Products to be sent to them. The Seller will then select Products for the Box in accordance with the Buyer's expressed preferences. The prices for the Products will be the Seller's standard list prices. When a Box is ready to send to you, the Seller will send you a Dispatch Confirmation. This is when the contract between us is formed. The contract will relate only to those Products listed in the Dispatch Confirmation. The Seller will not be obliged to supply any other Products.
8 PRICE AND PAYMENT
8.1 The price of the Products and the Seller's delivery charges will be as quoted from time to time, except in cases of obvious error.
8.2 Product prices and delivery charges are liable to change at any time, but changes will not affect orders in respect of which the Seller has already sent the Buyer a Dispatch Confirmation.
8.3 The Seller carrys a large number of Products and it is always possible that, despite the Seller's best efforts, some of the Products may be incorrectly priced. The Seller will normally verify prices as part of its dispatch procedures so that, where a Product's correct price is less than the Seller's stated price, the Seller will charge the lower amount when dispatching the Product to the Buyer. If a Product's correct price is higher than the price stated by the Seller, the Seller will normally, at its discretion, either contact the Buyer for instructions before dispatching the Product, or reject the Buyer's order and notify the Buyer that the Seller is rejecting it.
8.4 If the pricing error is obvious and unmistakeable and could have reasonably recognised by the Buyer as an error, the Seller does not have to provide the Products to you at the incorrect (lower) price.
8.5 Payment for all Products must be by credit or debit card. The Seller accepts payment with MasterCard and VISA.
8.6 The Buyer's credit or debit card account will be debited only when the Buyer has decided to keep some Products or the Buyer's right to cancel its order has expired i.e. 10 working days (not including weekends or bank holidays) after the day on which the Buyer receives the Products (please see the Cancellation Policy (clause 9) for further details of the Buyer's rights to cancel).
8.7 Payment is due on receipt of returned Products the day the Box arrives back with the Seller. Upon the Buyer receiving its invoice via email, payment is required IN FULL for items kept from the Box or any items worn/damaged. We do not offer payment plans or credits.
8.8 When the Seller receives the Buyer's order the Seller carries out a standard credit check on the Buyer and debits the Buyer's payment card a £15 deposit, which is non-refundable but redeemable against any of the Products that the Buyer chooses to keep, once the Seller receives the Box back and the Seller checks which Products the Buyer has kept. This is to make sure that the Buyer is credit worthy and that the Buyer's payment card is valid for the transaction. Products will not be dispatched until the credit check and the payment of deposit from the Buyer's payment card have been completed satisfactorily.
9 CANCELLATION POLICY
Details of the Buyer's right of cancellation, and an explanation of how to exercise it, are provided in the Dispatch Confirmation. The Buyer has 10 days from the day of delivery of a Box of Products to cancel the agreement for some or all Products in the Box, and return the unwanted Products in accordance with the Seller's Return Policy. This does not affect the Buyer's other statutory rights as a consumer which means that the Buyer has seven working days starting from the day after delivery to cancel the agreement.
10 DELIVERY
The Buyer's order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
11 RISK AND TITLE
11.1 The Products will be the Buyer's responsibility from the time of delivery i.e. when the Products are delivered and signed for. Any garment that is returned to the Seller must be in 100% re-saleable condition, in its original packing and with any tags or labels; if a garment is not in 100% re-saleable condition then unfortunately the Seller cannot accept it as a return and will charge the Buyer for it.
11.2 Ownership of the Products will only pass to the Buyer when the Seller receives full payment of all sums due in respect of the Products, including delivery charges (if applicable).
12 REFUNDS
A refund would only be necessary if the Seller charged the Buyer incorrectly after the Buyer received a faulty Product which was subsequently returned to the Seller or the Buyer charged the Seller within 7 working days starting from the day after delivery but the Buyer subsequently cancelled the agreement. In these cases the Seller will refund the Buyer for the full amount within 30 days of the return of such faulty Product or the cancellation of the agreement respectively to the same card the Buyer paid with for such Products.
13 REMEDY FOR BREACH
All Products supplied by the Seller must be as described, fit for purpose and of satisfactory quality. If the Products are faulty, the Buyer is entitled to a repair or a replacement. If the fault cannot be fixed within a reasonable time, or without causing the Buyer significant inconvenience, the Buyer is entitled to a full or partial refund.
14 LIMITATION OF LIABILITY
14.1 Subject to the clauses below, the Seller will not be liable for losses that result from the Seller's failure to comply with these terms and conditions that fall into the categories listed below even if such losses result from our deliberate breach. Further, the material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, the Seller and third parties connected to the Seller hereby expressly exclude:
14.2 All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
14.3 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with these terms and conditions, our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
14.3.1 any business loss (including loss of profits, income, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure); or
14.3.2 any indirect or consequential losses that were not foreseeable to both the Buyer and the Seller.
14.4 The Seller shall not be held responsible for any delay or failure to comply with its obligations under these Terms and Conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect the Buyer’s legal right to have Products sent within a reasonable time or to receive a refund if Products ordered cannot be supplied within a reasonable time owing to a cause beyond the Seller’s reasonable control.
14.5 Nothing in these Terms and Conditions limits or excludes the Seller’s responsibility for fraudulent representations made by it or for death or personal injury caused by the Seller’s negligence.
15 WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications the Seller sends to the Buyer should be in writing. When using the Website, the Buyer accepts that communication with the Seller will be mainly electronic. The Seller will contact the Buyer by e-mail or provide the Buyer with information by posting notices on the Website. For contractual purposes, the Buyer agrees to this electronic means of communication and the Buyer acknowledges that all contracts, notices, information and other communications that the Seller provides to the Buyer electronically complies with any legal requirement that such communications be in writing. This condition does not affect the Buyer's statutory rights.
16 NOTICES
All notices given by the Buyer to the Seller must be given to Olivia Darby and Emily Watkins at contact@TheLittleOutfitters.com . The Seller may give notice to the Buyer at either the e-mail or postal address the Buyer provides to the Seller when placing an order, or in any of the ways specified in clause 15 (Written Communications). Notice will be deemed received and properly served immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
17 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
18 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to, acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply. The Seller's performance under these terms and conditions including any Contract is deemed to be suspended for the period that the force majeure event continues, and we shall be entitled to a reasonable extension of time for performance for the duration of the period that the force majeure continues.
19 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
20 CHANGES TO TERMS AND CONDITIONS
20.1 The Seller shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase. The Buyer is expected to check this page from time to time to take notice of any changes the Seller made, as they are binding on the Buyer.
20.2 The Buyer will be subject to the policies and terms and conditions in force at the time that the Buyer orders products from the Seller, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by the Buyer), or if the Seller notifies the Buyer of the change to those policies or these terms and conditions before the Seller sends you the Dispatch Confirmation (in which case the Seller has the right to assume that the Buyer has accepted the change to the terms and conditions, unless the Buyer notifies the Seller to the contrary within seven working days of receipt by the Buyer of the Products).
21 THIRD PARTY RIGHTS
A person who is not party to these terms and conditions or a contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
22 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.