These Terms & Conditions are set out to provide you with information about us and it contains the legal terms on which we sell Products to you. Please read the terms and conditions carefully, as they contain important information that you understand, before ordering any Products from us. Our company Hugsbaby Limited forms a relationship as seller to you as the buyer and is subject to these terms and conditions and they impose certain responsibilities upon you and they exclude and limit our liability to you in the event of loss or damage.
Your attention is drawn to Clause 10, which excludes and limits our liability to you in certain circumstances. We recommend you read our terms and conditions each time you order Products from us as they may vary from time to time. When ordering any Products from us, you agree that you are at least 18 years old and shall be bound by these terms and conditions and the other documents referred to in them. All details provided to Hugsbaby Limited for the purpose of ordering or purchasing products must be true, accurate, current and complete in all respects. Credit cards, debit cards or PayPal accounts that you are using must be your own and you must ensure that there are sufficient funds in your account to cover payment of the Products ordered.
Definitions“Contract” Legally Binding Contract formed between you and us when you place an order which we accept.
“Confirmation Email” The email we send to you after you have submitted an order to us at Hugsbaby Limited
“Dispatch Confirmation” Information we send you by email confirming that the Products you have ordered have been dispatched to you
“Event Outside Our Control” any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, or any failure or default of our suppliers
“Products”The products listed on the website at Hugsbaby.co.uk which will change from time to time;
“Site” The website that operates at hugsbaby.co.uk
“Terms” The terms and conditions on which we supply Products to you.
About us and how to contact us:
This site is owned and operated by Hugsbaby Limited company registered at 169 West George Street, Glasgow, G2 2LB, UK with company number SC628666. If you have any queries about these Terms or if you have any comments or complaints on or about our Site, you can contact us by email at [email protected]; or write to us at Hugsbaby Limited, Customer Service Team, 55 Cornwallis Avenue,Tonbridge, Kent, TN10 4ET
1. How the contract between us is formed:
When you Click on the ‘Place an Order’ button at the point of ordering Products on hugsbaby.co.uk, this represents an offer on your part to purchase Products from us. After you place an order, you will receive an email from us, confirming your order (“Confirmation Email”) and acknowledging that we have received your order. This does not mean that your order has been accepted, or that a Contract between us has been formed. Our acceptance of your order will only take place when payment has been confirmed and confirmation of our acceptance to you by sending you an email, which will confirm that the Products have been dispatched to you at the address you included when you submitted your order (“Dispatch Confirmation”). The Contract between us will only be formed at the time we send you the Dispatch Confirmation and when we have received payment from you (in full) for your order.
2. Ownership of rights
All rights, including copyright, in our Site are owned by or licensed to Hugsbaby Limited any use of our Site or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without our permission. You may not modify, distribute or repost anything on our Site for any purpose, unless specifically through the sharing/social media functionality set out on our Site.
3. Our Products and Site content
3.1. The images of the Products on the Site are for illustrative purposes only. Your Products may vary slightly from those images. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflects the colour of the Products. All Products shown on the Site are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available. We reserve the right to change any content on the Site, including but not limited to, descriptions, specifications and prices of Products at any time without prior notice.
All orders are subject to acceptance and availability. We have tried to ensure that the stock availability of Products shown on this Site is as up-to-date as possible. However, if the Products you have ordered are not available from stock or if for some other reason we are unable to supply you with a Product, we will contact you by e-mail (from the details you have given us) to inform you of this. In the event that a Product you have ordered is out of stock, we will cancel the Product from your order and send the remainder of your order. If you have already paid for the Products, we will refund you the full amount of the missing Product as soon as reasonably possible.
5. Ordering errors and your right to make changes
You are able to check and correct errors on your order up to the point on which you click on “Place your Order” during the ordering process. Please take the time to read and check your order at each stage of the ordering process. If you wish to make a change to your order once your order has been submitted, you should contact our Customer Service Team at [email protected] to notify us of any errors as soon as possible. If it is possible to correct the error in your order, we will let you know about any changes to the price of the Product, the timing of supply or anything else which would be necessary as a result of your requested change and we will ask you to confirm whether you wish to go ahead with the change.
6.1. The prices payable for Products that you order are as set out in our Site when you placed your order. We take reasonable care to ensure that the prices of Products are correct at the time when the information is entered onto the Site. The price of a Product includes VAT (where applicable) at the applicable current rate chargeable for the time being. However, if the rate of VAT changes between the date of your order and the date on which we confirm your order via a Dispatch Confirmation email, we will inform you and we will give you the option of continuing to purchase the Product at a price which includes the extra VAT or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. The Site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on the Site may be incorrectly priced. If we discover an error in the price of the Products you have ordered, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. We will also refund to you the price you paid in advance (if any) for any Product in respect of which an order is cancelled or treated as cancelled.
7. Payment terms
7.1. You can pay for Products using a debit or credit card, and Paypal Account. We will only accept your order and a binding Contract will only be formed between us when we have taken payment in full in cleared funds for the Products you have ordered and when we have sent a Dispatch Confirmation to you. When you place your order using a credit or debit card, we will take an ‘authorisation payment’ from this card (i.e. the funds required to pay for the Products are ring-fenced, so that the order can be processed). Payment will be taken in full from your nominated credit/debit card at the point at which your order is despatched. Please see www.paypal.com for further information on Paypal payments. Payment for the Products and all applicable delivery charges is in advance. We accept no liability if a delivery is delayed because you did not give us the correct payment details. If it is not possible to obtain full payment for the Products from your account then we reserve the right to cancel the contract and or suspend any further deliveries to you. This does not affect any other rights we may have. You will only own a Product when we have received payment in full.
8.1. All Products are delivered to you depending on the delivery service you select when placing your order with us. However, in some instances we will upgrade your order to a courier service. We cannot accept any liability for any loss or damage to the Products once they have been delivered in accordance with your instructions. If your order has been dispatched by courier, you’ll be provided with a tracking number. If Products are returned to us as undeliverable, we will attempt to contact you (i.e. using the contact details provided when you submitted your order) to arrange re-delivery. Re-delivery attempts may incur an additional postage charge. If we are unable to contact you within a reasonable time to arrange a re-delivery, we will treat the order as cancelled and will notify you. We will refund the price you paid in advance for the Products (excluding delivery charges) in respect of the cancelled order. Delivery charges and timescales will vary depending on the type of Product ordered and the delivery address. The cost of delivery will be set out in the order summary shown to you before you pay for your order. Please read the order summary carefully and ensure that you understand and agree to pay the cost of delivering your order to its destination. We will ensure that the Products you have ordered from us are delivered to you without undue delay and in any event not more than 30 days after the date of the Dispatch Confirmation. Details of estimated delivery times are given on the “Delivery” page on our Site. If there is an Event outside Our Control, for example ; We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by an Event Outside Our Control. An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, or any failure or default of our suppliers. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms: We will contact you as soon as reasonably possible to notify you; and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over. which results in a delay in delivery or failure to deliver the product, we will refund the cost of the delivery to you. If there is an Event outside Our Control, we will contact you to discuss what will happen next. . In the event that a Product you have ordered is out of stock, we will cancel the Product from your order and send the remainder of your order. We will notify you if this occurs. Delivery will be completed when the all Products you ordered form us are delivered to the address you gave us for delivery when you submitted your order to us. . Each Product will be your responsibility from the time we deliver the Product to the address you gave us when you submitted your order. You should check all Products you receive against your order as soon as possible to make sure they reflect what you ordered and that they are not damaged and that they are as described. If you are a consumer, if we miss the delivery deadline for any Product then you may immediately cancel your entire Contract under which that Product was purchased if any of the following apply: . We have refused to deliver the Product; Delivery within the delivery deadline was essential (taking into account all the relevant circumstances at the time the Contract was entered into); or you told us before we accepted your order that delivery within the delivery deadline was essential. If you do not have the right to cancel your entire Contract, you can give us a new deadline for delivery (which must be appropriate in the circumstances). If we fail to meet the new delivery deadline then you can cancel your entire Contract. You can cancel your Contract in respect of just some of the Products or all of them (including any Products that have already been delivered to you). If the Products have been delivered to you, you will have to return them to us. If you do choose to cancel your Contract as a result of late delivery then we will reimburse you for all payments made to us under the Contract without delay after you have cancelled the entire Contract. If you choose to cancel your Contract as a result of late delivery or in respect of just some of the Products, then we will only reimburse you for all payments made under the Contract in respect of those Products for which you cancel the Contract.
9. Cancellation rights
9.1. Your rights when you end the Contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the Contract: If what you have bought is faulty or mis-described you may have a statutory legal right to end the Contract (or to get the Product repaired or replaced or to get some or all of your money back) If you want to end the Contract because of something we have done or have told you we are going to do. If you have just changed your mind about the product, you may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any Products to us If what you have bought breaches our warranty, ending the Contract because of something we have done or are going to do. Products may be significantly delayed because of Events Outside Our Control you have a legal right to end the Contract because of something we have done wrong (including because we have delivered late. Exercising your right to change your mind,(Consumer Contracts Regulations 2013). For most Products bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail below.
10. Returns Policy
Our returns policy protects your rights as a valued Hugsbaby Limited customer and our rights as a small family business. All our items are subject to quality checks to ensure they reach you in perfect condition, and as a cherished Hugsbaby Limited customer we want you to be happy with your goods.
If you would like to return a garment please return within 14 days of receipt for full price items and 14 days of receipt for sale items. Garments must be unworn, with intact labels and unwashed. We try to process refunds within 10 days of our receipt of the returned garment.
If you need a different size for the same item, just state the size you need and we will process the exchange. We will only exchange garments for the same item, If we do not have the size in stock we will contact you to organise a refund by your original payment method.
10.3 Faulty or damaged items
If you are unhappy with the quality of your goods please email [email protected] with photograph and a description of the fault, we will provide a freepost returns address. Once we inspect the garment and confirm any fault we will arrange a full refund by your original payment. If no fault found we will make arrangements to return the item to you. We operate a fair policy but cannot accept items damaged by wear and tear or neglect.
10.4 Returns address
Hugsbaby Limited, 55 Cornwallis Avenue, Tonbridge, Kent UK, TN104ET.
11. Entire agreement
These Terms constitute the entire agreement between us and they supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to their subject matter. Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on anything set out in these Terms. Notwithstanding any other term of these Terms, nothing in these Terms shall exclude or limit our liability for something that we cannot exclude or limit in law.
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.
13. Third party rights
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14. Law, jurisdiction and language
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. These Terms, and any Contract between us, are drafted in the English language. If they are translated into any other language, the English language text shall prevail.
16. Data Protection
17. Opting out of receiving information from Hugsbaby Limited
We would like you to be delighted with the communications you receive from us, but if you wish to opt out of email marketing communications, either click the ‘unsubscribe’ link at the bottom of any Hugsbaby Limited emails, or email us at [email protected] clearly stating that you wish to unsubscribe from our emails.
18. Data over the internet
We use a third-party service provider to serve ads on our behalf across the internet. They may collect anonymous information about your visits to Hugsbaby Limited, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag. A pixel tag is industry standard technology used by most major websites. No personally identifiable information is collected or used in this process; no personally identifying information is known about the user. If you would like more information about this and to know your choices about not having this anonymous information used by our third party service provider please contact our Customer Service team.
We endeavour to take all reasonable steps to protect your personal information. However, we cannot guarantee the security of any data that you disclose online and we will not be responsible for any breach of security unless this is due to our negligence or wilful default.