Organic Baby Clothing Subscription
1.1 To hire a set of 18 items of organic baby clothing (“Bundle”) which will be replaced as your baby grows ("Organic Baby Clothing Subscription"), select the Organic Baby Clothing Subscription item from our Product Gallery, add it to your cart and then checkout. The price and details of this service are outlined in detail on Our website at http://www.bellesandbabes.co.uk.
1.2 A legally binding contract between Us and You will be created upon Our email confirmation of your purchase, and Your payment of the Fee (see Clause 2).
1.3 The Organic Baby Clothing Subscription is available to all United Kingdom addresses served by Royal Mail and myHermes.
1.4 You agree to provide us with any and all information we may reasonably require to fulfil Your request. This may include, but not necessarily be limited to, Your baby’s age or size, the date which You would like Your subscription to start, and Your delivery details.
1.5 We do not guarantee that styles and colours will be an exact match to those advertised in pictures and descriptions on our website or other marketing materials and we accept no responsibility or liability for minor variations in the end items of clothing compared with any pre-contract information provided.
1.6 As the Organic Baby Clothing Subscription is a Service that is tailored to Your requirements, We require 1 week from receipt of Your request to prepare and despatch Your first Bundle. We may be able to deliver sooner at Our discretion. Certain sizes and gender choices may not be in stock at any given time and We will require more notice to order them. The website will detail which options are currently available.
1.7 Your Organic Baby Clothing Subscription will be delivered by myHermes courier or a suitable alternative and We are unable to provide scheduled delivery dates or times for this Service.
1.8 Hire Period
1.8.1 There is no minimum or maximum Hire Period for each Bundle or the Organic Baby Clothing Subscription as a whole.
1.8.2 When You place Your order via the website, the Fee includes the first calendar month of Your subscription.
1.8.3 If Your subscription is planned to start on Your baby’s due date, We will deliver Your first Bundle 2 weeks in advance of this date free of charge.
1.8.4 Subsequent monthly payments will be automatically deducted at the end of Your first calendar month, for each subsequent calendar month, unless You choose to cancel Your subscription.
1.9 Replacement Bundles
1.9.1 For as long as You continue Your subscription, You will receive a replacement Bundle as Your baby grows. These Bundles will be despatched automatically when Your baby reaches 3 months of age, 6 months of age, and 9 months of age.
1.9.2 At any time, You may inform Us if You require a Bundle to be despatched sooner or delayed, based on Your baby’s growth. There is no charge to do so. To do this, please email us at firstname.lastname@example.org.
1.9.3 Upon receipt of each replacement Bundle, You will be required to return the current Bundle following the process set out in 1.11 below. You are not required to wash the clothing before returning it, but if it is soiled we would please ask You to do so, to prevent any stains from setting.
1.9.4 A grace period of 1 week is given between the day that You receive Your replacement Bundle and the day which You must return Your current Bundle, to allow time for sorting, washing if necessary and depositing the Bundle for return. This grace period also applies at the end of Your subscription.
1.10.1 If at any point during Your subscription You receive any item(s) within Your Bundle that do not fit Your baby, please email us at email@example.com and We will endeavour to send replacement item(s).
1.11 Return Delivery
1.11.1 Unless it is expressly stated otherwise, return delivery of Bundles is via myHermes courier or a suitable alternative and You will be required to package the items in the same way that they were received by You or using the packaging provided, affix the return address label, and deposit it at a ParcelShop.
1.11.2 In the event that any item is not despatched when due, You must pay an excess of £2 per day, per Bundle, until the Bundle is returned. This charge will also apply when it is only part of a Bundle that is due. Your maximum liability for a failure to return an item is limited to the replacement cost for that item.
1.12.1 You may cancel Your order for the Organic Baby Clothing Subscription at any time before Your first Bundle is despatched by emailing and You will receive a full refund.
1.12.2 After We have despatched Your first Bundle, and subject to the strict condition that the item(s) of clothing are in the same condition as they were delivered to You, You may also return the Bundle and obtain a refund of your Fee minus delivery costs, as long as You contact Us via email within 14 calendar days of receiving Your Bundle. Partial returns will not be accepted.
1.12.3 If you wish to exercise the cancellation right referred to above, You must deposit the item(s) for return at a ParcelShop within 14 calendar days of telling us that You wish to cancel Your order. Unless otherwise agreed by Us, should an item be kept for longer than this, We reserve the right to retain the full Fee. Any refund due to You will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which We receive Your returned items. Refunds will be made using the same payment method originally used by You unless You specifically request a different method.
1.12.4 At any point during Your subscription, You may choose to cancel Your subscription and cease monthly payments. To do this, We require notice of 3 weeks. At the end of the last calendar month for which You have paid the Fee, Your subscription will end and You will be required to return Your current Bundle (with the 1 week grace period set out above).
1.12.5 Refunds will not be given when returning Bundles early or part way through a calendar month that has already been paid for.
1.12.6 We may, at Our sole discretion, reduce or waive any of the charges detailed above, or issue refunds, if Your cancellation is due to exceptional circumstances.
1.12.7 We may cancel an order or subscription at any time and We will refund to you in full any Fee and other monies that You have paid for orders which have not been fulfilled.
2. Fees and Payment
2.1 When placing an order, You will be required to pay the Fee shown on Our website at the time of placing Your order (the “Fee”).
2.2 The payment method for subsequent monthly payments is by Credit or Debit card via Square. An email will be sent to You to enable set up of monthly subscription payments once You have placed Your order.
2.3 We may, from time to time, offer special prices, discounts and other promotional offers. Any such special prices will be valid only for the period advertised. We reserve the right to change and to add, alter, or remove special offers from time to time and as necessary. Changes in price will not affect any order that You have already placed.
2.4 If We do not manage to successfully charge Your credit or debit card for a monthly payment (for example if it has expired, is rejected or otherwise), You agree to pay the monthly payment or We will cancel Your subscription. If Your Bundle is not returned in accordance with the Returns process set out above, charges will be applied as detailed in 1.11.2.
2.5 You are solely responsible for any and all fees charged to your credit or debit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees.
2.6 You agree to notify us about any dispute or discrepancies in relation to your charges within 90 days of the relevant item(s) being delivered to you. If you do not bring them to our attention within such period, you agree that you waive your right to dispute such problems or discrepancies.
3.1 We reserve the right to charge You a fee to cover repairs necessary to any damage done to the item(s) of clothing which falls outside normal wear and tear (examples of which are set out in Clause 5.3), or where you have made any moderations to the item(s) without Our prior written agreement (“Deposit”). The Deposit will be charged by Us in full or in part (at our discretion) if any item is damaged in any way that falls outside of fair wear and tear but may be repaired and restored to its pre-damaged state by Us.
3.2 The Deposit required will be £20. We accept the following payment methods for Deposits: Credit or Debit Card. We will keep Your card details on file (from the start of the Hire Period) and only charge the Deposit to Your card in the event that it falls due under the provisions of Clause 3.1.
3.3 If the Deposit becomes due in accordance with this Clause 3 and We do not manage to successfully charge Your credit or debit card (for example if it has expired, is rejected or otherwise), You agree to pay the Deposit (and any amounts due under Clause 5.2) to Us on demand. We reserve the right to take all steps necessary to collect amounts due from you in this respect.
3.4 You are solely responsible for any and all fees charged to your credit or debit card by the issuer, bank, or financial institution including, but not limited to, overdraft, insufficient funds, and over the credit limit fees.
3.5 You agree to notify us about any dispute or discrepancies in relation to your charges within 90 days of the relevant item(s) being delivered to you. If you do not bring them to our attention within such period, you agree that you waive your right to dispute such problems or discrepancies.
4.1 You agree to treat all clothing with care and return them to Us in the same condition in which you received them. You are obligated to maintain, wash and store the clothes in accordance with the washing instructions and the normal handling and use that the clothing requires.
4.2 If you spill something on Our clothing or otherwise stain it, You are only permitted to soak the clothing and/or attempt to remove the stain provided such actions do not contravene the instructions on the care label attached to the clothing.
4.3 You may not alter or transform the clothes in any way. However You are entitled – but not obliged – to make or, at Your own expense, carry out repairs to the items of clothing, as You deem necessary for the continued use of the clothing, as a result of normal wear and tear or damage caused by You, provided that the items of clothing are not modified or converted.
5. Loss and Damage
5.1 You should check the clothing at the time of pick up or delivery. If there are any items missing or if there is any visible damage to the clothing, You should inform Us immediately. We will use all reasonable endeavours to provide a suitable replacement or, if a repair is possible without causing you any inconvenience, We will repair the clothing. If We are unable to replace or repair the clothing, or if You would prefer to reject the damaged or faulty clothing, whether before or after a repair or replacement (if the replaced or repaired item is still damaged or faulty), You may return the Bundle in full and We will refund to you in full any Fee and other monies that You have paid. Any refund due to You will be made as soon as is reasonably possible, and in any event within 14 calendar days of the date on which We agree that You are entitled to a refund. Refunds will be made using the same payment method originally used by You unless you specifically request a different method.
5.2 You are responsible for, and will be required to indemnify Us for, the non-return, loss, theft or any damage which may occur to clothing that is not repairable and falls outside of the terms of the Deposit described in Clause 3. The indemnity required in these circumstances will be the cost of replacing the clothing, which is generally not the full retail value of the clothing.
5.3 You will not be responsible for any pre-existing damage to clothing that has already been identified under Clause 5.1 at the time of collection, for any damage or faults discovered under the same Clause, or for any fair wear and tear. Fair wear and tear is any damage that naturally and inevitably occurs as a result of normal wear of the clothing, including stretching, bobbling, minor stains, missing beads or sequins, stuck zippers or other insignificant damage. We reserve the right to determine in our discretion and on a case-by-case basis whether any damage to Outfits constitutes fair wear and tear under this Clause 5.3.
6. Product Disclaimer and Liability
6.1 Whilst We use all reasonable endeavours to ensure that Our clothing is regularly inspected, maintained, washed, dry cleaned and/or replaced as necessary so that they are ready to wear, use of Our clothing is entirely at your own risk.
6.2 To the fullest extent permissible by law, We shall not be liable for any loss or damage that is not foreseeable, including for any health-related consequences associated with wearing the clothing, including but not limited to any allergy to the materials themselves or the cleaning products used on them.
6.3 In any event, Our total liability under these Terms and Conditions shall be limited to the value of the contract between Us and You, that is, the total Fee payable by You for the clothing.
7. Events Outside of Our Control (Force Majeure)
We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond Our reasonable control. This includes failure by the courier or Royal Mail to deliver within their specified delivery times.
8. Communication and Contact Details
We always welcome feedback from Our customers. If You wish to contact Us with questions or complaints, You may contact Us by email at firstname.lastname@example.org.
9. How We Use Your Personal Information (Data Protection)
9.1 All personal information that We may collect (including, but not limited to, Your name and address) will be collected, used and held in accordance with the provisions of the General Data Protection Regulation (GDPR) and Your rights under that Act.
9.2 We may use Your personal information to:
9.2.1 Provide Our products and services to You;
9.2.2 Process Your payments; and
9.2.3 Inform You of new products and services available from Us. You may request that We stop sending You this information at any time.
9.3 We will not pass on Your personal information to any other third parties without first obtaining Your express permission.
10. Other Important Terms
10.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions to a third party (this may happen, for example, if We sell Our business). If this occurs You will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms will be transferred to the third party who will remain bound by them.
10.2 You may not transfer (assign) Your obligations and rights under these Terms and Conditions without Our express written permission.
10.3 These Terms and Conditions are between You and Us. They are not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
10.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
10.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
11. Governing Law and Jurisdiction
11.1 These Terms and Conditions and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with English law.
11.2 Any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England.