Terms and Conditions

Welcome to the Josephines Baby Boutique website terms and conditions.  These terms and conditions apply to the use of this Website and by accessing this Website and/or placing an order you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions you may not use or access this Website.

Legal Statement
This website was created and is served from the UK. The law of England & Wales therefore governs it and should any legal discrepancy occur, it will be dealt with in an English or Welsh court of law. All content included on this site including but not limited to design, text, graphics, logos, button icons, the selection and arrangement thereof and all software compilations, underlying source code, and all other material on this site are the property of Josephines Baby Boutique or the 3rd party which has licensed its use. No part of this site (including but not limited to the Trademarks) may be reproduced in any form whether electronically or otherwise without the prior written consent of Josephines Baby Boutique. Any other use of materials on this site is strictly prohibited.

1. General terms and conditions

Website access

1.1 You are provided with access to this Website in accordance with these terms and conditions and any orders placed by you must be placed strictly in accordance with these conditions. It is not necessary to register with us in order to use most parts of this website. However, particular areas of this website will only be accessible if you have registered.

Use of website

1.2 This website may be used for your own private purposes and in accordance with these terms and conditions.

1.3 You may print and download material from this website provided that you do not modify or reproduce any content without our prior written consent.

Website uptime

1.4 All reasonable measures are taken by us to ensure that this website is operational all day, every day. However, occasionally technical issues may result in some downtime and accordingly we will not be liable if this website is unavailable at any time.

1.5 Where possible we always try to give advance warning of maintenance issues that may result in website down time but we shall not be obliged to provide such notice.

Indemnity

1.6 You agree fully to indemnify, defend and hold us, and our officers, employees, agents and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.

Our Rights

1.7 We reserve the right to:
- modify or withdraw, temporarily or permanently, this Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
- change the Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Conditions have been changed. If you do not agree to any change to the Conditions then you must immediately stop using the Website.

Visitor provided material

1.8 Any material that a visitor to this website sends or posts to this website shall be considered non-proprietary and non confidential. We shall be entitled to copy, disclose, distribute or use for such other purpose as we deem appropriate all material provided to us, with the exception of personal information, the use of which is covered under our Privacy Policy.

1.9 When using this website you shall not post or send to or from this website any material:

(a) for which you have not obtained all necessary consents;

(b) that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;

(c) which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

1.10 We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 1.9.

Links to and from other websites

1.11 Throughout this website you may find links to third party websites. The provision of a link to such a website does not mean that we endorse that website. If you visit any website via a link on this website you do so at your own risk.

1.12 Any party wishing to link to this website is entitled to do so provided that the conditions below are observed:

(a) you do not seek to imply that we are endorsing the services or products of another party unless this has been agreed with us in writing;

(b) you do not misrepresent your relationship with this website; and

(c) the website from which you link to this website does not contain offensive or otherwise controversial content or, content that infringes any intellectual property rights or other rights of a third party.

1.13 By linking to this website in breach of clause 1.12 you shall indemnify us for any loss or damage suffered to this website as a result of such linking.

Disclaimer

1.14 Whilst we do take all reasonable steps to make sure that the information on this website is up to date and accurate at all times we do not guarantee that all material is accurate and, or up to date.  Josephines Baby Boutique will not be held liable for any errors, omissions or for any action that might be taken as a consequence of following the advice on this website.

1.15 All material contained on this website is provided without any or warranty of any kind, whether express or implied. You use the material on this website at your own discretion.  We make no warranty that the Website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Website.

Exclusion of liability

1.16 We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Conditions for: any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or any loss of goodwill or reputation; or any special or indirect losses, suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Conditions.

1.17 Nothing in these terms and conditions shall exclude or limit liability for death or personal injury caused by negligence which cannot be excluded or under the law of the United Kingdom.

Severance

1.18 If any part of the Conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the Conditions and shall not affect the validity and enforceability of any of the remaining provisions of the Conditions.

Waiver

1.19 No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Survival

1.20 Each provision of the Conditions shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

Entire Agreement

1.21 These Conditions govern our relationship with you. Any changes to these Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Josephines Baby Boutique and you are expected to do.  You confirm that, in agreeing to accept the Conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these Conditions and you agree that you shall have no remedy in respect of any representation. Your Statutory Rights are not affected by these terms and conditions.  Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of the Conditions.
 
2. Purchase of products

Acceptance of order

2.1 All orders will be acknowledged by an email or in case of telephone orders by an order number.  Order acceptance and the completion of the contract between you and Josephines Baby Boutique will take place on the despatch of the products ordered to you unless we have notified you that we do not accept your order or you have cancelled it in accordance with paragraph 2.3.
Non-acceptance of an order may be a result of one of the following; the product you ordered being out of stock; our inability to obtain authorisation for your payment; the identification of a pricing or product description error or you do not meet eligibility to order criteria set out in paragraph 2.2.

Eligibility to order

2.2 To be eligible to purchase products on this Website and lawfully enter into and form contracts on this Website under English law you must:
 
- Register by providing your real name, phone number, e-mail address, payment details and other requested information.
- Be over 18 years of age.
- Provide a delivery address. Please note that PO box numbers, hotels and accommodation addresses are not acceptable.
- Possess a valid credit or debit card issued by a bank acceptable to us.
 
By making an offer to buy a product, you specifically authorise us to transmit information (including any updated information) or to obtain information about you from third parties from time to time, including but not limited to your debit or credit card number or credit reports, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.

Cancellation of order

2.3 If you would like to cancel your order we ask that you advise us before your items have been despatched. Once your items have been despatched you are no longer able to cancel your order. Your statutory rights are not affected.
 
Prices and VAT

2.4 Childrenswear does not incur VAT in the UK (it is zero rated).  Some of our accessories and nursery products incur VAT at the current standard rate of 20%. Where this rate applies it will be included in the prices quoted.
 
2.5 Our online prices are constantly checked for accuracy, however occasionally errors may occur where prices are incorrectly displayed or change as a result of circumstances beyond our control. In those situations, you will be informed of the correct/revised prices once we receive your order, and if you should not wish to purchase the product concerned at that price we will cancel that part of the order.
 
Product descriptions and colours

2.6 Whilst every effort has been made to present the true likeness of the product colours, variations may occur on different screen resolutions and qualities. We therefore cannot guarantee colours will be as seen on your screens.

2.7 We will take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information was entered onto the system. Although we aim to keep the Website as up to date as possible, the information including product descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with paragraph 2.1.

2.8 All sizes and weights given are approximate.
 
Payment

2.9 The total cost of your order is the price of the products ordered plus delivery charges.  Please see our delivery page for more details.

2.10 Payment can be made by debit or credit card through PayPal.

2.11 You confirm that the credit, debit or store card that is being used is yours.
All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery.
 
3. Delivery

Please see our delivery and returns page.
 
4. Returns

Please see our delivery and returns page.
 
5. Privacy policy and cookies

Please see our privacy and cookies page.
 

Law and jurisdiction

These terms and conditions are governed by English law. Any dispute arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.