You should read these terms and conditions ("these Terms") carefully as they affect your rights and liabilities under the law and set out the terms under which Nectarina (trading name of Caramelos Clothing Limited) makes the Baby Clothes, Baby Shoes and other goods available to you. Any reference to Nectarina in this text applies to Caramelos Clothing Limited.
1. Use of this Site.
This Site is provided to you free of charge for your personal use subject to these Terms. By using this Site you agree to be bound by these Terms. All orders and purchases made on this Site will also be governed by these Terms and will be between you and Caramelos Clothing Limited. Your contract will not under any circumstances be with any other party, including any retailer whose web site may have directed you to this Site. THESE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS.
2. Prices
The prices payable for the items that you order are clearly set out in the web site. If, by mistake, we have under-priced an item, we will not be liable to supply that item to you at the stated price, provided that we notify you before we dispatch the item concerned. All prices are in pounds sterling and are expressed inclusive of any VAT payable unless otherwise stated. Currently children’s clothing is exempt from VAT in the UK.
Prices shown in currencies other than pounds sterling are for guidance only. All orders are processed in pounds sterling and the actual amount charged will depend upon any currency conversion rate and other charges applied by your debit or credit card company. The do not include any non EU local taxes, surcharges and duties applicable.
3. Availability
If for any reason beyond our reasonable control, we are unable to supply a particular item, we will notify you as soon as possible.
4. Acceptance
There will be no contract of any kind between you and us unless and until we actually dispatch the goods to you. At any point up until then, we may decline to supply the goods to you without giving any reason. At the moment that we accept your order, by dispatching the goods (and not before), a contract will be made between you and us. If we decline to supply goods and payment has already been taken from your credit or debit card, we shall credit your credit or debit card with the price of the goods within 30 days of declining your order. We shall not be obliged to offer you any additional compensation for disappointment suffered.
If there is a problem with your order in terms of availability of the goods or our ability to deliver, we shall contact you by telephone or email as soon as reasonably practicable.
If the goods that you ordered are not available, we reserve the right to substitute goods of a similar specification and quality but will contact you before doing so.
5. Delivery, Shortages and Acceptance
Delivery will be made to the address specified by you on the completed order form. Once goods have been delivered to you they will be held at your risk and we will not be liable for their loss or destruction.
Please note that it may not be possible to deliver to some locations. All deliveries are by third party carriers. If you are not able to take delivery of the Baby Clothes, Baby Shoes and other products, depending on the carrier used, your goods will either be stored at the depot nearest to your address until you can collect them or the carrier will attempt to redeliver the goods to your address.
We shall use our best endeavours to secure delivery within 30 days of receipt by us of your order but shall not be liable for loss occasioned by delay in delivery arising out of any cause beyond our control.
6. Cancellation
You have the right to cancel your order up to 7 working days after the day following the by:
e-mail to: admin@nectarina.co.uk
Post: Web Order Cancellations to the address provided on the package and invoice
If the goods have already been dispatched at the date of receipt of your cancellation of the order you must return the goods to us in accordance with paragraph 7 below and we will credit your credit or debit card with the price of the goods within 30 days beginning with the day on which notice of cancellation was given.
If you do not return the goods within 21 days of your cancellation, we will make a charge in respect of the cost of recovering the goods. If you do not return the goods, you will be deemed to have accepted the goods, at which point a new purchase contract will be made and you will be charged for your order at the price set out on the web site. This does not affect your statutory rights.
7. Returns
We are sure you will love our Baby and Tot products. However, in the unlikely event you are not satisfied for whatever reason, you can return them within 14 days and we will refund or replace the goods. Please make sure you include your dispatch order note and ensure the items are in perfect unused condition with Tags attached, otherwise we will not be able to offer you a refund.
Unfortunately, we cannot refund the cost of returning items to us. We recommend that you obtain a certificate of posting from the Post Office or courier, since we cannot be held responsible for non-delivery of items.
Please inform us immediately in the event that goods arrive damaged. We will offer you a replacement or a refund. This does not affect your statutory rights.
We will send you a confirmation of your exchange or refund, but please allow up to three weeks for it to be processed
8. Payment
We process payments using Paypal, as we believe it is one of the most secure ways to make a payment online as well as being recognised and trusted worldwide. You do not need to have a Paypal account to be able to pay; you can just make a payment using your credit card in the usual way. You will be transferred to a secure site to make the payment, so we will not have access to your card details at any time.
Authority for payment must be given at the time of order.
Our liability to you in connection with any order will not exceed the total price charged for the goods.
9. Intellectual Property
The content of this Site is protected by copyright, trade marks and other intellectual property rights. You may retrieve and display the content of this Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on this Site without written permission from Caramelos Clothing Limited.
No licence is granted to you in these Terms to use any trade mark of Nectarina (Caramelos Clothing Limited).
10. Availability of this Site
Although Nectarina (Caramelos Clothing Limited) aims to offer you the best service possible, Nectarina (Caramelos Clothing Limited) makes no promise that the services at this Site will meet your requirements. Nectarina (Caramelos Clothing Limited) cannot guarantee that the service will be fault free. If a fault occurs in the service you should report it to the Customer Services by email at admin@nectarina.co.uk and we will attempt to correct the fault as soon as we reasonably can. If you have any suggestions as to how we may improve the site, please also contact us on the email above.
Your access to this Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
11. Our liability
11.1 This Site and the goods for sale are provided by Nectarina (Caramelos Clothing Limited). You must bear the risks associated with the use of the Internet.
In particular, we disclaim all liabilities in connection with the following:
11.1.1 incompatibility of this Site with any of your equipment, software or telecommunications links
11.1.2 technical problems including errors or interruptions of this Site
11.1.3 unsuitability, unreliability or inaccuracy of this Site
11.1.4 inadequacy of this Site to meet your requirements
11.2 If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 10 working days of the delivery of the goods in question.
11.3 If you do not receive goods ordered by you within 30 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods.
If you notify a problem to us under this condition, our only obligation will be, at your option:
11.3.1 to make good any shortage or non-delivery;
11.3.2 to replace or repair any goods that are damaged or defective; or
11.3.3 to refund to you the amount paid by you for the goods in question in whatever way we choose.
11.4 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 11.3.3 above.
11.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
11.6 Nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
To the full extent allowed by applicable law, you agree that we will not be liable to you/or any third party for any consequential or incidental damages (including but not limited to loss of revenue, loss of profits, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to this Site.
Nothing in these Terms shall exclude our liability for personal injury or death caused by our negligence or shall affect or exclude your statutory rights where it would be unlawful to do so.
12. Third Party Websites
This Site includes links to other web sites or material which are beyond its control. Nectarina (Caramelos Clothing Limited) is not responsible for content on the Internet or World Wide Web pages, or any other site outside this Site.
13. General
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.
If any of these Terms is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining Terms which will continue to be valid and enforceable to the fullest extent permitted by law.
14. International Use
Nectarina (Caramelos Clothing Limited) makes no promise that materials on this Site are appropriate or available for use in locations outside the United Kingdom, and accessing this Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access this site from locations outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.
15. Privacy Policy
You acknowledge and agree to be bound by our Privacy Policy. Please see Privacy Policy or following the link on the main home page.
16. General
You may not assign, sub-licence or otherwise transfer any of your rights under these Terms.
If you breach these Terms and Nectarina (Caramelos Clothing Limited) ignores this, Nectarina (Caramelos Clothing Limited) will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms.
Nectarina (Caramelos Clothing Limited) shall not be responsible for any breach of these Terms caused by circumstances beyond its reasonable control.
A person who is not a party to these Terms shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
17. Customer Services
If you have an order query or would like any further information on our Baby Clothes, Baby Shoes, Tot Clothes or other products, please contact our Customer Services team by email: admin@nectarina.co.uk
This Site is owned and operated by Nectarina trading name of Caramelos Clothing Limited of Richmond Upon Thames, a company registered in England and Wales with registered number 6430384, VAT number 925 3479 08
