1.1 In these terms and conditions of supply (the “Terms”):
1.1.1 "we", "our" and "us" mean Aden & Anais Limited, a company established in England and Wales with company number 7074907 and registered office address at 1 Filament Walk, Studio 316, Wandsworth, London, SW18 4GQ. Our registered UK VAT number is 984646761; and
1.1.2 "you" and "your" mean you, the customer.
1.2 These are the terms and conditions on which we supply products to you through the Website www.adenandanais.co.uk (the “Website”). Please read the Terms carefully before you submit your order to us. The Terms tell you who we are, how we will provide products to you, how you may end any contract which comes into existence between you and us in accordance with clause 2.3, what to do if there is a problem and other important information.
1.3 You may contact us by e-mail at firstname.lastname@example.org. Alternatively, please telephone us on +44 (0) 203 735 7569 between 9:30am and 5pm.
1.4 If we have to contact you we will do so by telephone or by writing to you at the e-mail address or postal address you provided to us in your order.
1.5 When we use the words "writing" in the Terms, this includes e-mails.
2. Formation of Contract
2.1 You offer to purchase products from us through the Website. Your offer is made by completing and submitting your order on the Website which includes providing your payment card details.
2.2 Within 7 days of receipt of your order, we will accept or reject your offer to purchase.
2.3 Our acceptance of your order will take place when we e-mail you to accept it by providing you with an order confirmation and order reference number, at which point a contract will come into existence between you and us.
2.4 If we are unable to accept your order, we will inform you of this in writing and will not charge you for the products. We shall inform you of the reason for rejecting your offer to purchase, which will be for legitimate grounds. For example because the products are out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the products, or because we are unable to meet a delivery deadline you have specified.
3. Legal Capacity to Transact
3.1 If you are under eighteen (18) years of age, you cannot place an order for any products through the Website.
3.2 If we should suffer any damage or other losses as a result of a transaction entered into by a minor using the Website, we reserve the right to seek compensation for such losses from the parents or guardians of the minor who caused any transactions to be entered into via the Website.
4. Processing your Order
4.1 We will not process your order until it has passed our internal validation procedures, for the purpose of preventing credit card or payment fraud.
4.2 Upon processing your order and receiving payment via your credit card or debit card we send you an order reference and confirmation e-mail, subject to providing us with your e-mail address.
4.3 If we cannot process your order after receiving payment, we will contact you using the details entered on the order form at the time the order was submitted.
5. Payment Methods and Processing
5.1 We accept payment by VISA and MasterCard credit cards or debit cards only.
5.2 Orders placed on weekends or public holidays will be processed on the next business day. Business days are Monday to Friday, excluding bank holidays in Belgium.
5.3 You must pay for the products before we dispatch them. We process payments only after you successfully complete the checkout.
6.1 All purchases: will be subject to value added tax at the applicable rate.
6.2 If the rate of VAT changes between your order date and the date we supply the products, we will adjust the rate of VAT that you pay, unless you have already paid for the products in full before the change in the rate of VAT takes effect.
7.1 The price of the products (which includes VAT) will be the price indicated on the order pages when you placed your order. We take reasonable care to ensure that the price of the products advised to you is correct. However, you acknowledge that despite our reasonable precautions, products may be listed at an incorrect price or with incorrect information due to typographical error or like oversight. We will normally check prices before accepting your order so that:
7.1.1 where any of the products’ correct price at your order date is less than the price stated on the Website, we will charge the lower amount for such products;
7.1.2 if any of the products’ correct price at your order date is higher than the price stated on the Website, we will contact you for your instructions before we accept your order. If you instruct us by notice in writing that you do not wish to proceed with your order, your order will be cancelled without charge.
7.2 We and any other persons involved in the management of the Website may make changes to the content of the Website at any time without notice.
7.3 We reserve the right to modify prices published on the Website at any time. Any such changes will not affect any order in respect of which we have provided you with an order confirmation and order reference number.
7.4 All prices are in GBP, including VAT where applicable. If you are resident outside the United Kingdom of Great Britain and Northern Ireland (the “United Kingdom”) and require delivery outside of the United Kingdom, you are responsible for applicable taxes and custom fees according to your country’s policy. We have no control over these charges and we cannot predict their amount.
7.5 The price displayed for products does not include postage or delivery charges. Applicable postage or delivery charges will be displayed once:
7.5.1 you have added the relevant products to your basket; and
7.5.2 you have provided your delivery address.
8.1 We may offer promotions from time to time. The terms of any such promotions will be set out on the Website.
8.2 Promotions offered on this Website will only be applicable to orders made through the Website.
9. Description and Availability
9.1 We make every effort to ensure that product descriptions on the Website are accurate. However, some inaccuracies or typographical errors may occur. We reserve the right to correct such inaccuracies or typographical errors as they are identified.
9.2 The images of the products on the Website are for illustrative purposes only. Although we have endeavoured to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your products may vary slightly from those images.
9.3 The packaging of the products may vary from that shown on images on the Website.
9.4 We attempt to keep stock of most products listed on the Website. However, we give no undertaking as to the availability of products displayed or advertised on the Website.
10. Delivery of Products
10.1 After the contract has been entered into between you and us we will endeavour to send your products as soon as reasonably possible and in any event within 30 days after the day on which we accept your order.
10.2 Orders will be sent either via GLS, DPD, or DHL depending on the available carrier.
10.3 If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products for which you have paid but have not received.
10.4 We will deliver the products ordered by you to the place of delivery designated by you and at the fees specified at checkout.
10.5 Please call our Customer Service Team on +44 (0) 203 735 7569 or e-mail us at email@example.com within an hour of placing your order, if you wish to change your delivery address after payment. However, if your order has been dispatched you will be unable to change your delivery address.
10.6 If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
10.7 If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not rearrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for reasonable storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or rearrange delivery or collection we may end the contract in accordance with clause 17.1.2.
10.8 You have legal rights if we deliver any products late. If we miss the delivery deadline for any products then you may treat the contract as at an end straight away if any of the following apply:
10.8.1 we have refused to deliver the products;
10.8.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
10.8.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
10.9 If you do not wish to treat the contract as at an end straight away, or do not have the right to do so, under clause 10.8, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
10.10 If you do choose to treat the contract as at an end for late delivery under clause 10.8 or clause 10.9, you can cancel your order for any or all of the products or reject any of all products that have been delivered. After that we will refund any sums you have paid to us for the cancelled products and their delivery. If the products have been delivered to you, you must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call our Customer Service Team on +44 (0) 203 735 7569 or e-mail us at firstname.lastname@example.org for a return label or to arrange collection.
11.Title and Risk
11.1 You will own the products once we have received payment in full of the price.
11.2 The products will become your responsibility from the time we deliver the products to the address you gave us.
12. Your right to end the contract
12.1 Please ensure that you choose carefully and review all products in your cart when completing the checkout process as your order cannot be cancelled immediately once we have provided you with the order confirmation and order reference number.
12.2 You have a legal right of cancellation otherwise known as “cooling off period” for 14 days starting the day after you receive the products. We have extended the cooling off period from 14 days to 28 days starting the day after you receive the products. Where your products are split into several deliveries over different days, you have until 28 days after the day you receive the last delivery to change your mind about the products.
12.3 To cancel the contract with us, please let us know by:
12.3.1 phone or e-mail. Call us +44 (0) 203 735 7569 between 9:30am and 4:30pm or e-mail us at email@example.com.
12.3.2 completing the model cancellation form found at the end of the Terms.
12.3.3 post. Print off the model cancellation form found at the end of the Terms and post it to us at the address on the form. Or simply write to us as that address, including the information required in the form.
12.4 If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must either post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call our Customer Service Team on +44 (0) 203 735 7569 between 9:30am and 4:30pm or e-mail us at firstname.lastname@example.org for a return label or to arrange collection. If you are exercising your right to change your mind in accordance with clause 12.2 you must send off the products within 14 days of telling us that you wish to end the contract.
12.5 Refunds requested within the 28 day cooling off period set out in clause 12.2 will be paid to you once the products have been received by us and within 14 days of the day on which we receive the products back from you. We will refund you the price paid for the products, including delivery costs, by the method you used for payment. However, you will have to pay the costs of return of the products. You acknowledge that:
12.5.1 we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the products and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount; and
12.5.2 the maximum refund for delivery costs will be the costs of delivery by the least expensive method we offer.
12.6 No refunds, credits, or replacements are offered if you have changed your mind about the ordered products, make an incorrect choice, or failed to verify and accurately provide information when placing an order, after the 28 days of cooling off period.
13. If there is a problem with the products
13.1 We are under a legal duty to supply products that are in conformity with the contract between you and us. If any of the products received by you are faulty or misdescribed, you have a legal right to end the contract in respect of those products (or to get each such product repaired or replaced or to get some or all of your money back).
13.2 In addition to your legal right to end the contract set out in clause 13.1, subject to clause 13.3, we offer our customers a right during the lifetime of each of the products to:
13.2.1 a repair of that product;
13.2.2 a replacement of that product; or
13.2.3 a refund in respect of the price paid by you for that product, in respect of any products which are faulty or misdescribed.
13.3 If you think any of the products received by you are faulty or misdescribed, then in order to benefit from your rights under clauses 13.1 and 13.2 you are to:
13.3.1 immediately contact our Customer Service Team by telephone on +44 (0) 203 735 7569 or by e-mail at email@example.com;
13.3.2 provide to our Customer Service Team:
184.108.40.206 appropriate photos of each faulty or misdescribed product; and
220.127.116.11 proof of your purchase of each of the products, in order that our Customer Service Team may provisionally determine whether each product is faulty or misdescribed.
13.4 In the event our Customer Service Team determines that you have caused damage to the products that you are seeking to return, such return can be refused at the discretion of our Customer Service Team.
13.5 If you wish to exercise your rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. Please call our Customer Service Team on +44 (0) 203 735 7569 between 9:30am and 4:30pm or e-mail us at firstname.lastname@example.org for a return label or to arrange collection.
13.6 Please notify us in writing of any:
13.6.1 short delivery;
13.6.2 mis-shipped products; or
13.6.3 products damaged in transit;
within seven days of your receipt of the products.
14. Return of the products
14.1 We will pay the costs of return if:
14.1.1 the products are faulty or misdescribed; or
14.1.2 you choose to treat the contract as at any end for late delivery under clause 10.8 or clause 10.9. In all other circumstances (including where you are exercising your right to change your mind in the cooling off period) set out in clause 12.2, you must pay the costs of return.
14.2 Please ensure that all original items including packaging and any promotional items included with the products are returned.
14.3 You acknowledge that the products are your responsibility until they arrive at our warehouse and it is your responsibility to ensure the products are adequately packaged to ensure that they are not damaged during return delivery. If you are posting the products back to us we recommend that you use a postal service that provides a record of delivery of the products you are returning. We cannot refund products lost in the post.
14.4 You acknowledge that:
14.4.1 any product that has been damaged other than by us or in transit cannot be returned to us and is not refundable by us; and
14.4.2 you have no entitlement to be refunded in respect of any labour expenses incurred by you.
14.5 Where you elect to replace any of the products in accordance with your rights under clauses 13.1 or 13.2 if such products received by you are faulty or misdescribed:
14.5.1 a replacement for the same product ordered will be delivered at our expense after we have received and examined the original faulty or misdescribed product;
14.5.2 subject to availability, the delivery time for the replacement product will be the same as stated for the original product; and
14.5.3 replacement products are provided with the same warranty as the original product.
14.6 Where you elect for a refund in accordance with your rights under clauses 13.1 or 13.2 if any of the products received by you are faulty or misdescribed:14.6.1 no refund will be processed until we have received and examined the original faulty or misdescribed products; and 14.6.2 we will refund you the price paid for the products, including delivery costs, by the method you used for payment.
15. Proof of Purchase for a Warranty Claim
15.1 Be sure to keep the e-mail you receive from us providing you with your order confirmation and order reference number in accordance with clause 2.2 as proof of purchase in case it is needed for a warranty claim. To request another copy please contact our Customer Service Team on +44 (0) 203 735 7569 or e-mail us at email@example.com and include your name and order number.
15.2 For assistance with a warranty claim, please contact our Customer Service Team on +44 (0) 203 735 7569 or e-mail us at firstname.lastname@example.org.
16.1 The products sold on the Website are covered by a minimum 24 months' warranty.
16.2 The warranty is effective from the date of delivery of the products to the place of delivery designated by you at checkout.
17. Our right to end the contract
17.1 We may end the contract for any of the products at any time by writing to you if:
17.1.1 you do not make any payment to us when it is due and you still do not make payment within 5 days of us reminding you that payment is due; or
17.1.2 you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
17.2 If we end the contract in either of the situations set out in clause 17.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
18. Our Liability
18.1 To the extent permitted by law, any inaccuracies or typographical errors in sales literature, quotation, price list, acceptance or offer, invoice or other documents or information issued by us shall be subject to correction without any liability on our part.
18.2 If we fail to comply with the Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking the contract between you and us or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. 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, for example, if you discussed it with us during the sales process.
18.3 We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
19. Your Personal Information
19.1 Please refer to our Privacy and Cookies Policy to see how we collect, use, and protect your personal information.
20. Credit Card Fraud
20.1 Whilst we employ the latest in Secure Sockets Layer (SSL) technology and use Sage Pay Europe Limited payment gateway, we will not be responsible for any damages, consequential losses (whether direct or indirect) suffered by a customer whose credit card is fraudulently used or is used in an unauthorized manner.
21.1 We may transfer our rights and obligations under the Terms to another organisation. We will contact you to let you know if we plan to do this. If you are unhappy with the transfer you may contact us to end the contract within 14 days of us telling you about it and we will refund you any payments you have made in advance for products not provided.
21.2 You may only transfer your rights or your obligations under the Terms to another person if we agree to this in writing.
21.3 The Terms and any contract made under the Terms between you and us are between you and us. No other person shall have any rights to enforce any of the Terms or any such contract made under the Terms between you and us.
21.4 Each of the paragraphs of the Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
21.5 If we: 21.5.1do not insist immediately that you do anything you are required to do under the Terms; or
21.5.2 delay in taking steps against you in respect of your breaking the contract between you and us,
you still have to do those things and we may take steps against you at a later date. For example, if you miss a payment and we do not remind you that payment is due and we continue to provide the products, we can still require you to make the payment at a later date.
21.6 We reserve the right to change the Terms at any time. Amendment will be effective immediately upon notification on the Website however any such changes will not affect any order in respect of which we have provided you with an order confirmation and order reference number. Your continued use of the Website following such notification will represent an agreement by you to be bound by the Terms as amended.
21.7 These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with these Terms shall be subject to the jurisdiction of the English courts. However, you may bring an action in the courts of the country in which you are domiciled.
Last updated: 3 August 2016
Aden & Anais Limited Model cancellation form
(Complete and return this form only if you wish to withdraw from the contract)
To: Aden & Anais Limited
1 Filament Walk
Wandsworth London SW18 4GQ
E-mail address: email@example.com
Telephone: +44 (0) 203 735 7569 between 9:30am and 4:30pm
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods:
Ordered on [*]/received on [*]
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified on paper)
[*]Delete as appropriate