Terms and Conditions
1. In General
1.1 Access to and use of this website and the products and services available through this website are subject to the following terms, conditions and notices. By using the Services you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service. Nothing in this contract excludes or affects your statutory rights.
1.2 Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire website.
2.1 Here at baby esmée we are dedicated to protecting the privacy of each and every one of our customers. We will not disclose any information regarding our customers or visitors to the site to any third parties apart from where it is part of providing a service to you – this includes; arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research or when you have given us your permission to do so.
baby esmée will not provide or sell any of your personal details or any credit card information to third parties (excluding partners from whom you may have linked to our site) without your permission.
2.3 COMMUNICATION & MARKETING
If you have made a purchase from the website we may occasionally update you on our latest products and offers via e-mail. You will also be given the opportunity to receive such communications from us and selected third parties when you become a member of www.babyesmee.co.uk
All baby esmée members have the option to unsubscribe from marketing communications from us. If you do not wish to continue to receive e-mails from us and/or selected third parties you should opt-out clicking on the "unsubscribe" link in any emails which we might send you this will then suspend your e-mail notifications however you can sign up again if you wish to do so.
If you have registered with baby esmée then your computer will store an identifying cookie which will save you time each time you re-visit the website, by remembering your email address for you. Cookies are small files which are stored on a user's computer. They are designed to hold a small amount of data specific to a particular client and website, and can be accessed either by the web server or the client computer. You can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent.
2.5 PROTECTING YOUR SECURITY
We may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. This is done only to confirm your identity - a credit check is not performed and your credit rating is unaffected.
2.6 TRANSFERS OF YOUR INFORMATION
The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for baby esmée or one of our suppliers. Such processing may, for example, be required in order to fulfil your order, process your payment details or provide support services.
Unfortunately, the transmission of information via the Internet is not completely secure. We will do our best to protect your personal data, but cannot guarantee the security of data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
2.7 DISCLOSURES OF YOUR INFORMATION
We may disclose your personal information to any of our group of companies. We may also disclose your personal information to third parties:
-in the event that baby esmée sells or buys any business or assets;
-if baby esmée or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or
-if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of; or to protect the rights, property, or safety of baby esmée, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
2.8 THIRD PARTY SITES
When shopping on babyesmee.co.uk you may come across links to and from the websites of our partner networks and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their content. Please check these policies before you submit any personal data to these websites.
2.9 CHECKING YOUR DETAILS
If you wish to verify the details you have submitted to babyesmee.co.uk you may do so by contacting us via the e-mail address or address given below. Our security procedures mean that we may request proof of identity before we reveal information. This proof of identity will take the form of your e-mail address and password submitted upon registration. You must therefore keep this information safe as you will be responsible for any action which we take in response to a request from someone using your e-mail and password. We recommend that you do not use your browser's password memory function as this may result in someone accessing your personal information.
2.10 CONTACTING US
baby esmée (at the address below) is the data controller for the purpose of the Data Protection Act 1998 (the Act).
You have the right to access the information which babyesmee.co.uk holds about you and your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
We are always happy to hear from our customers. We are always grateful for any time you spend providing us with the knowledge we need to ensure our customers are completely satisfied with the service we offer. If you have any questions or feedback about this statement, or if you would like us to stop processing your information, please do not hesitate to contact a member of the baby esmée Customer Care team, who will be delighted to answer any questions you may have.
You can contact Customer Care at firstname.lastname@example.org.
3.1 You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. baby esmée will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
4. Intellectual Properties
4.1 The intellectual property rights in all software and content made available to you on or through this website, remains the property of baby esmée and are protected by copyright laws and treaties. All such rights are reserved by baby esmée. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise.
5. Terms of Sale
5.1 By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
5.2 Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or for uncontrollable forces which we will not be responsible. Please see our Delivery Charges notice for further information.
5.3 We accept orders from individuals in the UK, European Economic Area (EEA) and worldwide. If you order products from our site for delivery outside the UK they may be subject to import duties and taxes. We are not responsible for the payment of such duties and taxes.
By placing an order with us you are confirming that you are legally capable of entering into a binding contract; you are at least 18 years old and you live in one of our serviced countries. We will not process an order until payment is received in full. Once an order has been processed we are unable to amend it.
5.4 baby esmée retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will always be baby esmée. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
5.5 OUR CONTRACT
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
5.6 PRICING AND AVAILABILITY
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
5.7 PAYMENT & DELIVERY
Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed.
Your card will be debited once the order has been accepted.
All international currency rates displayed on this website are given as a guide price only and may not match the exact amount charged by your bank. The bank that has issued your credit card determines the exact exchange rate that you will pay, as you will always be charged in Britsh Pounds on our website. In general it will match very closely with the going exchange rates. Any custom fees, taxes and duties are the sole responsibility of the customer.
Please ensure that all delivery information is correct, as we are unable to amend any details once your order has been despatched.
You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your order is going to but also the name of the recipient. We cannot be liable for delivery of your order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
We will make every effort to deliver your order within the estimated timescales. We will not be responsible for any delay or failure of delivery services caused by events outside our control.
If you subsequently change the delivery method to one that does not require a signature for example 'leave in a safe place', or request your parcel to be delivered to a neighbour, any issue arising from non-delivery of the shipment will no longer be the responsibility of baby esmée.
Any Change of Address needs to be authorised by baby esmée, if this is attempted via the delivery agent or by any other method then baby esmée will not be held responsible for non-delivery of the shipment.
5.8 DISCOUNT CODES & COMPETITIONS
Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made through this website.
The conditions of use relating to any discount code will be specified at the time of issue. All discounts apply to full price items only and can only be used once per household.
PROMOTION TERMS AND CONDITIONS – 10% OFF SITE LAUNCH - CODE: ESMEE17
From time to time, we may offer Promotion Codes which may apply to any, or certain specified purchases made through the baby esmée Website. Official baby esmée Promo Codes entitle you to an offer on your online order at www.babyesmee.co.uk. To use your promotion code, enter the code details into the DISCOUNT CODE box within your cart.
A promo code can't be applied to an order after that order has been placed. If the promo code has expired, you won’t be able use it. Promotion codes can only be used on FULL PRICE items.
We’re afraid we can’t accept any responsibility once we have given you a promo code and we are not obliged to provide you with a replacement if it gets lost and/or gets used by someone else as this will result in the promo code being cancelled.
If a promo code is offered on the baby esmée Website and can’t run properly because of fraud, tampering, technical errors or anything else that is beyond our control which affects the running, administration, security or fairness of the promo code, we reserve the right to cancel, modify or suspend the promo code.
Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Promotion codes remain our property, are not transferable and are not valid for the purchase of gift cards or gift vouchers.
There is no cash alternative. Promotion codes and related offers are not open to employees of baby esmée and we reserve the right to withdraw them and refuse or restrict any order at any time.
We reserve the right to amend these terms and conditions at any time.
The promoter is baby esmée.
Terms and conditions:
-We reserve the right to refuse an order for example if the Item you have ordered is unavailable or out of stock, if we are unable to obtain authorisation of payment, if there is an error in the product information including price or promotion or if we suspect fraudulent activity.
-You must provide us with complete and accurate delivery address information. For the avoidance of doubt, this includes not only the address that your order is going to but also the name of the recipient. We cannot be liable for delivery of your order to the wrong address or the wrong person as a result of you supplying us with incomplete or inaccurate information.
-We will make every effort to deliver your order within estimated timescales. However, delays are occasionally inevitable due to unforeseen factors or events outside our control for example, material shortages, travel or transportation disruption, software or technical failures or higher than anticipated demand. Please note delivery of your order may take longer during sale or other busy periods. Standard postcode restrictions apply.
-Where goods purchased using the discount are subsequently returned for a refund, any refund due will take into account the discount and an appropriate amount will be deducted from your refund.
-To the fullest extent permitted by law we exclude any and all liability for any loss, damage or injury occurring to you or any third party arising from this promotion.
-You must be aged 16 or over. If you are not, you must have the permission of a parent or guardian to participate in this promotion.
6. Disclaimer of Liability
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law baby esmée and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect baby esmée’s liability for death or personal injury arising from its negligence, or for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
7. Linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this website are in no way associated, linked or affiliated with baby esmée and you should not rely on the existence of such a connection or affiliation.
You agree to indemnity, defend and hold harmless baby esmée, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
baby esmée shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect.
So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Any complaint should be sent to email@example.com. We reserve the right to revise, change or amend these terms and conditions to reflect changes in technology, payment methods, changes in UK law or for any other reason within our sole discretion.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
14. Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
15. Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and baby esmée. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of baby esmée.
16. Returning Unwanted Items
You can return any unwanted item to us for a refund up to 30 days after purchase, provided it is in its original, unused condition and you the consumer have taken reasonable care of the goods whilst in your possession. Unfortunately any items which are found to have stains on the garment cannot be exchanged or refunded unless they are faulty. We understand that you may wish to examine the goods as you would when purchasing from a shop but we do request that hygiene seals are not removed from garments and shoes are only tried indoors. We recommend you obtain and keep a copy of your proof of postage when returning items to us.
Please note that we cannot offer refunds on grooming products, pierced jewellery or swimwear (if the hygiene seal has been removed) for health and hygiene reasons. This may not apply if your item is faulty or the product is of unsatisfactory quality. We do not cover the cost of return postage unless items are found to be faulty. If you have a query about a refund on an item you have purchased please e-mail firstname.lastname@example.org.