TERMS AND CONDITIONS

These terms and conditions apply to the use of the Fashion Kids website and by accessing the Fashion Kids 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.

Registration

Customer guarantees that the Personal Information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects; and You will notify us immediately of any changes to the Personal Information by contacting us by e-mail.

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.

Indemnity

You agree fully to indemnify, defend and hold us, and our officers, directors, 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.

We reserve the right to

  modify or withdraw, temporarily or permanently, the Fashion Kids 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 Fashion Kids website; and/or
  change the Conditions from time to time, and your continued use of the Fashion Kids 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 Fashion Kids website.

Safety

We place great importance on maintaining the security of the information our customers provide and for this reason we use advance internet security system to safeguard our customers’ data. All the data sent through including credit/debit card number and name and address is encrypted and converted into code before it is transmitted across the internet.

We use Barclaycard Payment Acceptance for card processing facilities and ePDQ Card Payment Interface (CPI) which is fully compliant with the Payment Card Industry Data Security Standard (PCI DSS), meaning that valuable cardholders’ data held within ePDQ is always secure. Authorisation and settlement by Barclaycard provide our customers excellent service and greater peace of mind about security.

Please note that your right to return Products does NOT apply to Products which are made to your specification

Description of products

Each Product purchased is sold subject to its Product Description which sets out additional Specific Conditions related to that Product including, without limitation, terms and conditions concerning estimated delivery dates and times and warranties.

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 Fashion Kids 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 our Order acceptance policy. Descriptions and prices on this web site are displayed on an invitation to treat basis only, and do not constitute a legally binding offer Intellectual property and right to use.

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Fashion Kids Website shall remain at all times vested in us or our licensors.

You acknowledge and agree that the material and content contained within the Fashion Kids website is made available for your personal non-commercial use only and that you may (if necessary to make a Purchase) download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Website is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

Compliance with laws

Fashion Kids website may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Fashion Kids website and any transactions conducted on or through the Fashion Kids website. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws

Limitation of liability

While Fashion Kids will use reasonable endeavours to verify the accuracy of any information we place on the Fashion Kids Website, we make no warranties, whether express or implied in relation to its accuracy. Fashion Kids Website is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to the Website, or any transaction that may be conducted on or through the Website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

We make no warranty that Fashion Kids 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 Fashion Kids website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the Fashion Kids website.

To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the Products. This does not affect your statutory rights as a consumer.

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.

Fashion Kids reserve the right to make changes to the information in this Internet site, or to the services described therein without notice. The information and material provided in this Internet site does not constitute an offer to sell or the solicitation of an offer to buy, and must not be relied upon in connection with any information decision. We do not warrant the suitability of goods for a particular purpose.

We shall have the right, at our discretion, to change, modify, add or remove terms of this agreement at any time without notice. Changes shall be effective immediately. You agree to review this agreement periodically since subsequent use by you of this site shall constitute your acceptance of any changes.

Fashion Kids shall have the right at any time to change or discontinue any aspect of the web site, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions

Lost parcels

We must be informed of parcels not arriving as soon as possible, for UK it must be within 16 working days. For international destinations we must be informed within 35 working days, failure to do this can affect our ability to trace the parcel and issue any refund due. Refunds or replacements will only be issued after 16 working days in the uk or 35 working days for International parcels, and only if the parcel is deemed to be lost in transit.

Disclaimer

Please make sure the e-mail address you give us is correct.

All order confirmations are sent to that e-mail address.

It is your responsibility to verify that your mailbox is in proper working order and you must assume the risk of all consequences for transmission or operational failures In using this web site, the user shall agree to indemnify us against all claims, liability, damages, losses and costs arising from any breach of these conditions by the user or the use by any person accessing the website using user’s membership information.

Severance

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.

International Orders

Any customs or import duties levied once your parcel reaches your country will be the responsibility of the customer. We have no control over these possible charges and unfortunately cannot predict what they will be.

If charges are levied in your country and you refuse to pay them, you are responsible for the original shipping costs to you, any duties, taxes and/or customs charges that are incurred on the package, and the cost of returning the package. These costs will be subtracted from your merchandise refund and your credit card will be charged accordingly.

We do not guarantee any timescale for parcels arriving to UK or International destinations, we can only give our best estimate of delivery times. Fashion Kids makes no representation that materials on this web site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited.

Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws

We accept all major credit and debit cards. All transactions are in GBP UK Pounds Sterling. We provide you with a facility to convert the prices into your currency as a guide, we suggest you check the information you receive from our currency converters with your credit card provider. All rates quoted would be at the exchange rate prevailing at that precise moment, and may not be the exact cost your credit card company will charge. Please contact your card issuer for details on any charges they may make to convert currencies

Survival

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.

Law

The Conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

Fashion Kids is a trading name of Jomari Limited.

Registered address:

96-98 Wigmore Street
London
W1

Company Number: 6276882

VAT number: 912 252655