Terms and Conditions

Preamble

These Terms and Conditions (“Terms”) set out the legal basis upon which Itty Bitty Boutique Ltd (“we”, “us”, “our”, “the Company”) sells goods to you through the website located at www.ittybitty.co.uk (“the Website”). Please read these Terms carefully before using the Website or placing any order. By accessing the Website or by completing a purchase, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree to these Terms, you must not use the Website or purchase any goods from us.

These Terms are drafted in accordance with, and incorporate the requirements of, the following principal pieces of UK legislation:

1. Information About Us

This Website is operated by Itty Bitty Boutique Ltd, a company incorporated and registered in England and Wales.

We are a business-to-consumer (B2C) retailer. All purchases made through the Website are made directly with Itty Bitty Boutique Ltd.

2. Definitions

In these Terms, the following words shall have the meanings set out below:

“Consumer” means any natural person who is acting for purposes which are wholly or mainly outside that person’s trade, business, craft, or profession, as defined under the Consumer Rights Act 2015.

“Contract” means the legally binding agreement between you and us for the supply of goods, formed upon our dispatch of your order.

“Goods” means the products listed for sale on the Website, including clothing, footwear, personalised items, and accessories.

“Order” means your request to purchase Goods from us submitted through the Website.

“Order Confirmation” means the email we send to you acknowledging receipt of your Order.

“Dispatch Confirmation” means the email we send to you confirming that your Goods have been dispatched.

“Personalised Goods” means any item that has been made to your specification or has been clearly personalised, including but not limited to items bearing a name, initial, or custom design.

3. Eligibility to Purchase

By placing an Order on the Website, you warrant that:

You are at least 18 years of age. You are legally capable of entering into a binding contract. You are resident in the United Kingdom or in a jurisdiction to which we agree to deliver. The personal information you supply to us is true, accurate, current, and complete in all respects.

We reserve the right to refuse service to any person at any time for any reason, including but not limited to where we reasonably suspect fraudulent activity or where an Order cannot be fulfilled.

4. Products and Availability

We offer a curated range of baby and children’s clothing, footwear, personalised accessories, and women’s footwear. All products are subject to availability.

Descriptions and Images. We make every reasonable effort to ensure that product descriptions, specifications, and images displayed on the Website are accurate and reflect the Goods as closely as possible. However, due to the nature of digital displays, colours and textures may appear slightly different on screen compared to the physical product. Product descriptions are for guidance only and do not form part of the Contract unless expressly stated.

Stock and Availability. We reserve the right to withdraw any product from sale at any time without notice. Where a product becomes unavailable after your Order has been placed, we will notify you as soon as reasonably practicable and offer you a full refund, a suitable alternative, or the option to wait for the item to become available again.

Pre-Orders. Where a product is offered on a pre-order basis, the estimated delivery date will be stated on the product page. Pre-order delivery dates are estimates only and are subject to change. You may cancel a pre-order at any time prior to dispatch and receive a full refund.

5. Pricing and Payment

Prices. All prices displayed on the Website are in pounds sterling (£) and are inclusive of any applicable Value Added Tax (VAT) at the prevailing UK rate. We reserve the right to change prices at any time without notice; however, the price applicable to your Order will be the price displayed at the time you place your Order.

Delivery Charges. Delivery charges, where applicable, are in addition to the product price and will be clearly displayed at checkout before you confirm your Order. We offer free standard UK delivery on all orders over £50.

Pricing Errors. Despite our best efforts, products on the Website may occasionally be incorrectly priced. If we discover a pricing error after you have placed an Order, we will contact you to inform you of the error and give you the option of continuing with the purchase at the correct price or cancelling your Order. We will not be obliged to supply Goods at the incorrect price.

Payment Methods. We accept payment by Visa, Mastercard, and PayPal. All payment transactions are processed securely. We do not store your full card details on our systems. We comply with the Payment Card Industry Data Security Standard (PCI DSS) requirements.

Surcharges. In accordance with the Consumer Rights (Payment Surcharges) Regulations 2012, we do not impose any surcharge on customers for using a particular method of payment.

Strong Customer Authentication. In compliance with the Payment Services Regulations 2017 and the requirements of Strong Customer Authentication (SCA), we may require you to verify your identity when completing a payment transaction. This is a security measure to protect you from fraud.

Promotional Discounts. Where a promotional discount is offered (for example, 10% off your first order), such discount will be applied automatically at checkout where stated, or via a valid discount code. Promotional offers are subject to their own specific terms and cannot be combined with other offers unless expressly stated.

6. Order Process and Contract Formation

Placing an Order. When you select a product and proceed through the checkout process, you are making an offer to purchase Goods from us. No contract is formed at the point of placing your Order.

Order Acknowledgment. Upon receipt of your Order, we will send you an Order Confirmation email. This email is an acknowledgment that we have received your Order and does not constitute acceptance of your offer.

Contract Formation. A binding Contract between you and us is formed only when we send you a Dispatch Confirmation email confirming that the Goods have been dispatched to you. We recommend that you retain this email for your records.

Right to Decline. We reserve the right to decline or cancel any Order at any time prior to dispatch, including where: the Goods are out of stock; there is a pricing or product description error; we are unable to verify payment; or we have reasonable grounds to suspect fraudulent activity. If we cancel your Order prior to dispatch, we will provide you with a full refund of any amounts paid.

7. Delivery

Delivery Area. We deliver to addresses within the United Kingdom. Delivery to international addresses may be available; please refer to the Website for current delivery options and charges.

Delivery Timeframes. We will endeavour to dispatch Goods promptly following receipt of payment. Unless otherwise agreed, we will deliver the Goods within 30 days of the date of the Contract, in accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. Estimated delivery timeframes are provided at checkout and in your Order Confirmation; these are estimates only and are not guaranteed.

Free UK Delivery. Standard UK delivery is free of charge on all orders with a total value of £50 or more. Orders below this threshold will be subject to a delivery charge as displayed at checkout.

Failed Delivery. If a delivery attempt is unsuccessful due to your absence or failure to provide an accurate delivery address, the carrier may leave a card with instructions for re-delivery or collection. We are not responsible for any delay or failure to deliver resulting from an inaccurate or incomplete delivery address provided by you.

Risk and Title. Risk in the Goods passes to you upon delivery. Legal title to the Goods passes to you upon our receipt of full payment.

8. Your Right to Cancel (Cooling-Off Period)

As a Consumer purchasing Goods online, you have a statutory right to cancel your Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.

Cancellation Period. You may cancel your Contract within 14 calendar days without giving any reason. The cancellation period begins on the day after you, or a third party nominated by you (other than the carrier), takes physical possession of the Goods. Where your Order consists of multiple items delivered separately, the cancellation period begins on the day after you receive the last item.

How to Cancel. To exercise your right to cancel, you must inform us of your decision by a clear, unambiguous statement. You may do this by:

•Sending an email to us via the contact form on the Website; or

•Writing to us at: Itty Bitty Boutique Ltd, Sussex House, 190 South Coast Road, Brighton, East Sussex, BN10 8JJ.

You may use the model cancellation form set out at the end of these Terms, but you are not required to do so.

Effect of Cancellation. If you cancel your Contract within the cancellation period, we will reimburse all payments received from you, including standard delivery costs (but not any supplementary costs arising from your choice of a non-standard delivery option). We will process the reimbursement without undue delay and no later than:

•14 days after the day we receive back the Goods from you; or

•14 days after the day you provide evidence that you have returned the Goods; or

•If we have not yet offered to collect the Goods, 14 days after the day on which we are informed of your decision to cancel.

We will carry out the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You will not incur any fees as a result of such reimbursement.

Returning Goods. You must return the Goods to us without undue delay and in any event no later than 14 days from the day on which you notify us of your cancellation. You will bear the direct cost of returning the Goods. Goods must be returned in their original, unused condition, with all original packaging and tags intact.

Deductions for Diminished Value. We may make a deduction from the reimbursement for any loss in value of the Goods where such loss results from handling beyond what is necessary to establish the nature, characteristics, and functioning of the Goods.

9. Exceptions to the Right to Cancel

The right to cancel described in Clause 8 does not apply to the following categories of Goods:

Nothing in this clause affects your statutory rights in respect of faulty or misdescribed Goods.

10. Faulty, Damaged, or Misdescribed Goods

We are under a legal duty to supply Goods that conform to the Contract. Under the Consumer Rights Act 2015, all Goods must be:

•Of satisfactory quality — free from defects, safe, and durable;

•Fit for purpose — suitable for the purpose for which goods of that type are commonly supplied; and

•As described — conforming to any description given on the Website.

Within 30 Days. If the Goods are faulty, not as described, or not fit for purpose, you have the right to reject them and receive a full refund within 30 days of delivery.

Between 30 Days and 6 Months. After the initial 30-day period but within 6 months of delivery, we will repair or replace the Goods. If repair or replacement is not possible or does not resolve the issue, you are entitled to a full or partial refund.

After 6 Months. After 6 months, the burden of proof shifts to you to demonstrate that the fault was present at the time of delivery. We will still endeavour to resolve any genuine fault.

To report a faulty or damaged item, please contact us via the Customer Help section of the Website, providing your order number, a description of the fault, and photographic evidence where possible.

11. Returns Procedure

All returns must be authorised by us prior to being sent back. To initiate a return, please contact us through the Customer Help section of the Website or by writing to our registered office address.

Goods must be returned in their original, unworn, unwashed condition with all tags and original packaging intact. We recommend using a tracked delivery service for returns, as we cannot accept liability for items lost in transit.

Upon receipt and inspection of the returned Goods, we will process your refund within 14 days. Refunds will be issued to the original payment method.

12. User Accounts

You may register for an account on the Website to facilitate future purchases and manage your orders. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorised use of your account.

We reserve the right to terminate accounts, remove or edit content, or cancel orders at our sole discretion.

13. Intellectual Property Rights

All content on the Website, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Itty Bitty Boutique Ltd or its content suppliers and is protected by United Kingdom and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable licence to access and use the Website for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website without our prior written consent.

The Itty Bitty Boutique name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Itty Bitty Boutique Ltd. You must not use such marks without our prior written permission.

14. Acceptable Use of the Website

You agree to use the Website only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Website by any third party. You must not:

Use the Website in any way that violates any applicable local, national, or international law or regulation. Transmit any unsolicited or unauthorised advertising or promotional material. Knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. Attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

15. Third-Party Links

The Website may contain links to third-party websites or services that are not owned or controlled by Itty Bitty Boutique Ltd. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. We strongly advise you to read the terms and conditions and privacy policy of any third-party website that you visit.

16. Limitation of Liability

What we are responsible for. We are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our failure to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time the Contract was made, both we and you knew it might happen.

What we are not responsible for. We are not responsible for:

•Any indirect, special, or consequential loss or damage;

•Loss of income or revenue;

•Loss of business, profit, or anticipated savings;

•Loss of data;

•Any loss or damage caused by events outside our reasonable control (force majeure).

Consumer rights not affected. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Goods (including the right to receive Goods which are as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care); and for defective products under the Consumer Protection Act 1987.

Domestic use only. The Goods are supplied for domestic and private use only. If you use the Goods for any commercial, business, or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

17. Data Protection and Privacy

We process personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. Our Privacy Policy explains how we collect, use, store, and protect your personal information and sets out your rights under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.

By using the Website and placing an Order, you acknowledge that you have read and understood our Privacy Policy.

18. Cookies

Our Website uses cookies to improve your browsing experience and to enable certain features. By continuing to use the Website, you consent to our use of cookies in accordance with our Cookie Policy. You may adjust your browser settings to refuse cookies, but this may affect your ability to use certain features of the Website.

19. Events Outside Our Control (Force Majeure)

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract 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, pandemic, or other natural disaster, or failure of public or private telecommunications networks.

20. Complaints

We are committed to providing a high standard of customer service. If you have a complaint about any aspect of our service or the Goods you have received, please contact us through the Customer Help section of the Website. We will acknowledge your complaint promptly and aim to resolve it within a reasonable timeframe.

If we are unable to resolve your complaint to your satisfaction, you may refer the matter to an Alternative Dispute Resolution (ADR) scheme. We will provide you with details of any applicable ADR scheme upon request.

You also have the right to refer your complaint to the Citizens Advice consumer helpline (0808 223 1133) or to Trading Standards.

21. Variation of Terms

We reserve the right to revise and update these Terms at any time. Any changes will be posted on this page with an updated version date. Your continued use of the Website following the posting of revised Terms constitutes your acceptance of those changes. We encourage you to review these Terms periodically.

22. Severability

If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force. If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.

23. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and us in relation to your use of the Website and the purchase of Goods. They supersede all previous agreements, representations, warranties, and understandings between us, whether oral or written.

24. Waiver

No failure or delay by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

25. Governing Law and Jurisdiction

These Terms 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) shall be governed by and construed in accordance with the law of England and Wales.

You and we both agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

26. Contact Us

For any questions, concerns, or queries regarding these Terms and Conditions, please contact us through the following channels:

Postal Address:

Itty Bitty Boutique Ltd

Sussex House, 190 South Coast Road

Brighton, East Sussex

United Kingdom

BN10 8JJ

Website: www.ittybitty.co.uk/customer-help/