Terms & Conditions of Sale
1. These Terms
1.1 What these terms cover. These are the terms and conditions on which we supply products to you.
1.2 Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Katie’s Kids Clothes Limited a company registered in England and Wales. Our company registration number is 11609025 and our registered office is Nethercott Lodge, Iddesleigh, Devon, EX19 8BD.
Our office address is Bissetts Garage, Exeter Road, Winkleigh, Devon EX19 8HW.
2.2 How to contact us. You can contact us by emailing our customer service team at: firstname.lastname@example.org.
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 ”Writing” includes emails and chat messages. When we use the words “writing” or “written” in these terms, this includes emails, chat messages and messages sent via social media messaging services.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is unavailable, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.
3.3 Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
3.4 We only sell to the UK. Our website is solely for the promotion of our products in the UK. At present, we do not accept orders from OR deliver to addresses outside the UK.
4. Our products
4.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
4.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
5. Our rights to make changes
We may change the product:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to implement minor adjustments and improvements; and
(c) to improve the quality of the item prior to delivery.
6. Providing the products
6.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
6.2 When we will provide the products. Orders will typically be dispatched within 5-working days of your order being accepted. Products will be shipped by Royal Mail or a nationwide courier service, unless you choose to collect them from us in person. Delivery may take up to 7-days following the date of dispatch.
6.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. We will not be liable for delays caused by the event, but if there is a substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
6.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, or left in your pre-arranged safe place, or left with a pre-arranged alternative recipient (such as a neighbour), our delivery partner may leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
6.5 If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and Clause 7.2 will apply.
6.6 Your legal rights if we deliver goods late. You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
(a) we have refused to deliver the products;
(b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
(c) you told us before we accepted your order that delivery within the delivery deadline was essential.
6.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under Clause 7, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
6.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under Clause 6.6 or Clause 6.7, you may request cancellation your order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them), unless splitting them up would reduce their value. If the products have been delivered to you, you must post them back to us using a Royal Mail postal service and obtain a Proof of Postage receipt. You will need to pay the costs of the return postage. Before returning any products, please email email@example.com and notify us of your intention to return the products. Please refer to Clause 7.3 for details of our refund policy for products that have been delivered.
6.9 Collection by you. During the order process, you may request to collect the products from our premises at Bissetts Garage, Exeter Road, Winkleigh, Devon EX19 8HW.. If you select this option, you must not visit our premises without arranging a specific collection date and time in advance. Please email firstname.lastname@example.org to arrange collection. Alternatively, we will contact you to arrange a collection once your order is ready.
6.10 When you become responsible for the products. A product will be your responsibility from the time we deliver the product to the address you gave us or you collect it from us.
6.11 When you own goods. You own a product once we have received payment in full.
7. Our rights to end the contract
7.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
(a) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products;
(b) you do not allow us to deliver the products to you within a reasonable time or collect them from us within 14 days of the date on which we inform you the order is ready for collection.
7.2 You must compensate us if you break the contract. If we end the contract in the situations set out in Clause 7.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract. Products will be relisted for sale to other customers.
7.3 Refunds and store credit will be issued at our discretion. Refunds for any products which have been confirmed as delivered by our delivery partners will be issued at our discretion and only if you request a refund within 14 days of the order being delivered. We may issue store credit in lieu of a refund in some circumstances. Refunds will not be issued for any item which was received in good condition but which has been subsequently soiled, worn or damaged.
8. If there is a problem with the product
8.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. Write to us at email@example.com or Customer Services, Katie’s Kids Clothes, Bissetts Garage, Exeter Road, Winkleigh, Devon EX19 8HW..
8.2 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract.
8.3 Cancelling an order prior to dispatch. If you wish to cancel your order before we have notified you that your order has been dispatched, please request this by emailing firstname.lastname@example.org quoting your order number. We will provide a full refund.
8.4 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must, if we request it and agree it with you in advance, return them to us. You will need to pay the costs of the return postage. Before returning any products, please email email@example.com and notify us of your intention to return the products.
9. Price and payment
9.1 Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see Clause 9.2 for what happens if we discover an error in the price of the product you order.
9.2 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
9.3 When you must pay and how you must pay. We accept payment using VISA, Mastercard, ApplePay and PayPal. You must pay for the products before we dispatch them. We will charge you at the time you place your order unless you select cash on collection. Cash on collection orders must be paid in person at the time you collect your order.
9.4 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know.
10. Our responsibility for loss and damage suffered by you
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you, and of satisfactory quality; and for defective products under the Consumer Protection Act 1987.
10.3 When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
10.4 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. How we may use your personal information
11.1 How we will use your personal information. We will use the personal information you provide to us:
(a) to supply the products to you;
(b) to process your payment for the products; and
(c) if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
11.2 We will only give your personal information to third parties where the law either requires or allows us to do so.
12. Other important terms
12.1 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12.2 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
12.3 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you do not pay for items and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.
12.4 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.