Terms and Conditions
www.belleenfant-boutique.com is a website operated by Belle Enfant Limited. Belle Enfant is the trading name of Belle Enfant Limited, a company that is registered in England and Wales with company number 07673436 and with a registered office at Kemp House, 160 City Road, London EC1V 2NX, United Kingdom. Belle Enfant’s registered VAT number is GB120929037.
By checking the box marked “I have read and accept the terms & conditions” before purchasing any products you are accepting these terms and conditions.
1. General Information
1.1 Belle Enfant sells products through www.belleenfant-boutique.com, therefore, your contract for purchases made through this Website is with Belle Enfant Limited (Belle Enfant) and you undertake that all products ordered by you are for your own private and domestic use only and are not for resale.
1.2 By placing an order through this Website, you agree that email can be used as a long-distance means of communication and you warrant that:
(a) you are at least 18 years old;
(b) all information you provide to Belle Enfant when ordering or purchasing products is true, accurate, current and complete in all respects; and
(c) that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
1.3 On certain parts of this Website, Belle Enfant may require you to register and provide certain information about yourself and where you do this you agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the Registration Data); and
(b) maintain and promptly update the Registration Data (by updating it on this Website in the ‘my account’ section, or by sending an appropriately worded email to [email protected]) to keep it true, accurate, current and complete.
1.5 The registration processes on this Website will involve you being allocated with a unique username and/or password that gives you access to your website account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your website account. You agree to:
(a) immediately notify Belle Enfant if you become aware of any unauthorised use of your password or website account or any other breach of security by sending an appropriately worded email to [email protected]; and
(b) ensure that you log off from your website account at the end of each session, Belle Enfant cannot and will not be liable for any claims, loss or damage of any nature whatsoever, including indirect, consequential or economic losses of profit arising from your failure to comply with these requirements.
1.6 Belle Enfant reserves the right to end its agreement with you and to suspend or terminate your access to this Website immediately and without notice if:
(a) you fail to make payment to Belle Enfant when it is due;
(b) you breach any of these terms and conditions;
(c) when requested by Belle Enfant to do so, you fail to provide within a reasonable time frame, enough information to let Belle Enfant check the accuracy and validity of any information supplied by you, or your identity; and/or
(d) Belle Enfant suspects you have engaged, or are about to engage, or have a way of being involved in fraudulent or illegal activity on this Website.
2. Product Information, Availability and Prices
2.1 Belle Enfant takes care to ensure that the information on this Website is accurate and complete but please note that product colours and details may vary from the image(s) shown on the Website.
2.2 Belle Enfant tries to ensure that the product colour is as accurate as possible, but the colours shown may vary depending upon the setting of your computer monitor or product availability. Belle Enfant cannot guarantee that the colour shown will accurately reflect the colour upon delivery and cannot be held responsible or liable for any differences in colour or minor details between the image and the actual product.
2.3 Belle Enfant does not promise that products advertised on this Website are necessarily available, and all products are offered for sale are subject to acceptance and availability.
2.4 All prices listed on this Website are correct at the time of entering the information, however, Belle Enfant reserves the right to change the price of any product at any time. All prices include sales tax (if applicable) but exclude delivery charges which are payable by you. Any currencies other than Pounds Sterling (£) on this Website are for guidance only and all payments shall be made Pounds Sterling (£) and must be paid in full, including delivery charges, except where discounts are offered as detailed on this Website or otherwise in correspondence from Belle Enfant.
3.1 Once you click on the “Place Order” button Belle Enfant will treat the order as an offer by you to purchase the products subject to these terms and conditions. You are responsible for ensuring the accuracy of your order. Please note that this does not mean that your order has been accepted but is simply a confirmation that Belle Enfant has received your offer to purchase the product(s).
3.2 No contract for the sale of any product will exist between you and Belle Enfant until Belle Enfant accepts your order by dispatching the product(s) to you. Belle Enfant will confirm the acceptance by sending you a dispatch confirmation email to the email address given in your order form and will detail the product(s) ordered, cost (including VAT (if applicable) and postage and packaging charges) and usual delivery times. You must check all the details on this confirmation email are correct and contact Belle Enfant as soon as possible if any details are incorrect.
3.3 Any products on the same order, which Belle Enfant has not confirmed in a dispatch confirmation email, do not form part of that contract. Belle Enfant will not be obliged to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate dispatch confirmation email.
3.4 Belle Enfant reserves the right to refuse an order. Non-acceptance of an order may be as a result of one of the following:
(a) the product ordered being out of stock;
(b) inability to obtain the authorisation of payment or failing security checks;
(c) the identification of an error within the product information, including price and promotion;
(d) you not meeting the eligibility to order as set out in these terms and conditions; and/or
(e) Belle Enfant being unable to fulfill an order(s) to countries other than the UK for whatever reason.
3.5 If your order has not been accepted, you will receive an email from Belle Enfant telling you the reasons why.
3.6 In the event that a product is out of stock, you will be informed as soon as practically possible. Where all products in an order are unavailable and/or the Belle Enfant chooses not to accept the order for any of the reasons stated in condition 3.4 the order relating to the unavailable product will be cancelled and a full refund will be made including any delivery charges. Where some products in an order are unavailable, those that are available will be dispatched and a refund will be made for those that are unavailable. Delivery charges will still apply.
4.1 The delivery period stated within which you will receive your order is approximate and no guarantee as to delivery within a certain time frame is given. Products will be sent to the address given by you in your order and risk of damage to or loss of the products shall pass to you at the time of delivery even if the products have not been received by you in person. If you are ordering more than one product, your products may be sent to you in installments if certain products are out of stock.
4.2 If your delivery address is outside of the UK, you may have to pay import duties and taxes, which are levied once the delivery reaches your country. You must meet any additional charges for customs clearance; Belle Enfant has no control over these charges and cannot predict their amount. Please note customs policies vary widely from country to country. Belle Enfant recommends that you contact your local customs office for further information.
4.3 Please note international shipments may be subject to cross-border inspections by customs authorities. You must comply with all applicable laws and regulations of the country for which the products are destined. Belle Enfant will not be liable for any breach by you of any such laws.
5.1 Payment for all products must be by credit or debit card. Belle Enfant accepts most major credit/debit cards: Visa, MasterCard and American Express.
5.2 All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Belle Enfant, Belle Enfant will not be liable for any delay or non-delivery.
5.3 Card Payments will be made in Pounds Sterling (£). The currency converter for other currencies is for guidance only. You should contact your payment card company for exact information about their exchange rates. Belle Enfant is not responsible for any exchange rate or extra commission that may be charged by your credit card company.
6. Credit Notes
6.1 Belle Enfant credit notes (Credit Notes) are subject to the following terms and conditions:
(a) Credit Notes are valid for 12 months from date of issue for use on this Website only.
(b) Credit Notes can be redeemed against all products on this Website.
(c) Credit Notes are non transferable and may not be returned or redeemed for cash.
(d) Belle Enfant is not responsible if a Credit Note is lost, stolen, destroyed or used without permission.
(e) Belle Enfant reserves the right to cancel a Credit Note if Belle Enfant deems such action necessary.
(f) Sales tax (if any) and delivery is applicable on any products purchased with a Credit Note.
6.2 The term “credit note” shall have the same meaning as “store credit” and vice versa.
7. Promotional Codes
Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided. Promotional codes cannot be applied retrospectively to previous orders.
8. Contract Cancellation
8.1 You may cancel the contract at any time within 7 working days after the day on which you receive the products. In this case, you will receive a full refund of the price paid for the products subject to and, in accordance with, Belle Enfant’s returns procedure.
8.2 To cancel a contract you must follow Belle Enfant’s returns procedure.
9. Returns Procedure
9.1 With the exception of sale products, you may return a product within 14 days of the delivery date.
9.2 In order to return a product you must comply with the following conditions:
(a) email [email protected] within 14 days of the delivery date to request a Return Authorisation Number (RAN). In the case of sale items the RAN must be requested within 7 days of the delivery date.
(b) the product must not have been used, worn, washed nor damaged (in Belle Enfant’s reasonable opinion) and must be in a resalable condition;
(c) return the product in the original packaging and with the tags attached and intact; and
(d) once the RAN has been issued send the product to the returns address: Belle Enfant c/o Hercules, 13 Stevern Way, Edgerly Drain Road, Peterborough PE1 5EL, United Kingdom. The returned item must be received within 7 days of the RAN being issued (Return Conditions).
9.3 Note that sale products are subject to the Return Conditions save that a RAN must be requested within 7 days of the delivery date rather than 14 days.
9.4 Sales products can be exchanged for product(s) or returned for a credit note. In the event that the sale product is returned to Belle Enfant for an exchange and the product constituting the exchange are of a lower monetary value than the sale product(s) originally purchased you will be issued with a credit note for the price difference. In the event that the sale product is returned to Belle Enfant for an exchange and the product constituting the exchange is of a higher monetary value than the sale product originally purchased the balance (being the price difference) must be paid by credit or debit card. Note condition 6 above regarding the conditions applying to credit notes.
9.5 In order to exchange a product please follow the Return Conditions and, in addition, specify what product you would like in exchange for the returned product. In circumstances where the product you wish to receive in exchange is of a lower monetary value than the returned product you will receive a refund for the price difference and in circumstances where the product you wish to receive in exchange is of a higher value than the returned product the balance (being the price difference) must be paid by credit or debit card.
9.6 If you fail to comply with the Return Conditions, Belle Enfant has the right to withhold some or all of the purchase price.
9.7 You are responsible for the product(s) until they are received at the return address and thus you are advised to use a special delivery service when returning products and to retain their proof of postage until receipt is confirmed by email.
9.8 If you wish to cancel your order or return any products (for an exchange and/or refund) you must return the products to Belle Enfant at your own cost. Where incorrect or damaged products are received by you Belle Enfant will refund the price of a defective product in full and any applicable delivery charges subject to Belle Enfant being satisfied that the products are incorrect or damaged.
9.9 On receipt of the returned products to the returns address Belle Enfant will examine the returned products and their conformity with the Return Conditions and will confirm any cancellation or return by email within a reasonable period of time. Belle Enfant will process the refund due to you as soon as possible and, in any case, within 30 days of the day Belle Enfant confirmed to you by email that you are entitled to a refund.
9.10 Belle Enfant will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. Third Party Sites
10.1 Belle Enfant may provide links on this Website to the sites of other companies, whether affiliated with Belle Enfant or not. Belle Enfant cannot give any undertaking that companies to whose website Belle Enfant has provided a link on this Website, will be of satisfactory quality, and any such warranties are disclaimed by Belle Enfant absolutely. This disclaimer does not affect your statutory rights against the third party.
10.2 Belle Enfant cannot be held responsible for material displayed on third party websites or any other written material. The only prices that apply for Belle Enfant products are those stated on Belle Enfant material.
11.1 Belle Enfant does not accept liability (except as set out in this condition 11) for any errors and/or omissions contained in this Website and reserves the right to change information, prices, specifications and descriptions of listed products and services at any time and without notice.
11.2 If an error is discovered in the price of the products that you have ordered, Belle Enfant will inform you as soon as possible. Belle Enfant has no obligation to fulfill an order for a product that was advertised at an incorrect price. In the event that you order a product and the price published on this Website is incorrect for any reason, Belle Enfant will email you to inform you that it has not accepted your order, and that your order has been cancelled. You will be advised of the correct price of the product and you may re-order it if you wish. If you have already paid for the products in the circumstances described in this condition 11.2, Belle Enfant will refund the full amount within 30 days of the date of order. Should you choose to re-order at the correct price, a separate transaction will be required.
11.3 In the unlikely event that you receive products which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated on your order form, Belle Enfant will rectify any shortage or non-delivery, replace or repair any damaged or defective products, or refund to you the amount you paid for the products in question provided that you notify Belle Enfant of the problem in writing at [email protected] within 14 days of delivery of the products and return the products to Belle Enfant at the returns address (see condition 9.2.(d)), unless Belle Enfant informs you that a return is not necessary. This provision does not affect your statutory rights.
11.4 The products sold on this Website are provided for private domestic and consumer use only. Accordingly, Belle Enfant does not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of this Website or for any products or services purchased from this Website.
11.5 Belle Enfant shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside Belle Enfant’s reasonable control, including but not limited to acts of God, war, flood, fire, storm or other natural disaster, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, terrorist attack or threat of terrorist attack, explosion, governmental actions, impossibility of the use of public or private telecommunications networks, pandemic and any other similar events.
11.6 Belle Enfant makes no warranty that this 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 this Website. Belle Enfant will not be responsible or liable to you for any loss of content or material uploaded or transmitted through this Website.
11.7 To the fullest extent permissible under applicable law, Belle Enfant disclaims 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, nor does it affect your rights regarding Contract Cancellation (refer to condition 8 above).
11.8 Belle Enfant 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:
(a) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) any loss of goodwill or reputation; or
(c) any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.
11.9 Nothing in these terms and conditions shall exclude or limit Belle Enfant’s liability for death or personal injury resulting from Belle Enfant’s negligence or that of its servants, agents or employees.
All rights, including copyright, in the content of this Website are owned or controlled by Belle Enfant. In accessing this Website, you agree that you may only download the content for your own individual and non-commercial use. You are not permitted to copy, broadcast, download, store (in any medium), transmit, show or play in public, adapt or change in any way the content of this Website for any other purpose whatsoever without the prior written permission of Belle Enfant.
13.1 If Belle Enfant fails, at any time during the term of a contract, to insist upon strict performance of any of your obligations under the contract or any of these terms and conditions, or if Belle Enfant fails to exercise any of the rights or remedies to which Belle Enfant is entitled under the contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
13.2 A waiver by Belle Enfant of any default will not constitute a waiver of any subsequent default.
13.3 No waiver by Belle Enfant of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing by Belle Enfant.
If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
15. Entire Agreement
15.2 You and Belle Enfant each acknowledge that, in entering into a contract, neither of you rely on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions.
15.3 You and Belle Enfant agree that Belle Enfant’s only liability in respect of those representations and warranties that are set out in these term and conditions (whether made innocently or negligently) will be for breach of contract.
15.4 Nothing in this condition 15 limits or excludes any liability for fraud.
16. Law and Jurisdiction
Contracts for the purchase of products through this Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
17. Third Party Rights
A person who is not party to these terms and conditions or a contract shall not have any rights under or in connection with them under the Contracts (Rights of Third Parties) Act 1999.
Personal identification information
Belle Enfant may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit this Website, register on this Website, place an order, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources Belle Enfant makes available on this Webite. Users may be asked for, as appropriate, name, email address, mailing address, phone number. Belle Enfant will collect personal identification information from Users only if they voluntarily submit such information to Belle Enfant. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Website related activities.
Non-personal identification information
Belle Enfant may collect non-personal identification information about Users whenever they interact with this Website. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to this Website, such as the operating system and the Internet service providers utilised and other similar information.
Web browser cookies
How we use collected information
Belle Enfant may collect and use Users personal information for the following purposes:
- To improve this Website: Belle Enfant may use feedback you provide to improve its products and services.
- To process payments: Belle Enfant may use the information Users provide about themselves when placing an order only to provide service to that order. Belle Enfant does not share this information with outside parties except to the extent necessary to provide the service.
- To send periodic emails: Belle Enfant may use the email address to send them information and updates pertaining to their order. If the User decides to opt-in to the Belle Enfant mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, they may do so by contacting Belle Enfant at contact us.
How Belle Enfant protects your information
Belle Enfant adopts appropriate data collection, storage and processing practices and security measures to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on this Website.
Sharing your personal information
Belle Enfant does not sell, trade, or rent Users personal identification information to others. Belle Enfant may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above. Belle Enfant may use third party service providers to help it to operate its business and this Website or administer activities on its behalf, such as sending out newsletters or surveys. Belle Enfant may share your information with these third parties for those limited purposes provided that you have given Belle Enfant your permission.
Third party websites
Users may find advertising or other content on this Website that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. Belle Enfant does not control the content or links that appear on these sites and is not responsible for the practices employed by websites linked to or from this Website. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to this Website, is subject to that website’s own terms and policies.
Your acceptance of these terms