BACKGROUND:

This agreement applies as between you, the User of this Web Site and My Little Darling, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.

No part of this Web Site is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings

2. Age Restrictions

Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.

3. Intellectual Property

Subject to the exceptions in Clause 4 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of My Little Darling, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by My Little Darling.

4. Third Party Intellectual Property

Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.

5. Links to Other Web Sites

This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of My Little Darling or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.

6. Links to this Web Site

Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.mylittledarling.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of My Little Darling. To find out more please contact us by email at our Guest Services Department or by post to My Little Darling, PO Box 394, Aldershot, GU119DA

7. Use of Communications Facilities

7.1 When using the enquiry form or any other System on the Web Site you should do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 You must not submit Content that is intended to promote or incite violence;
7.1.4 It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
7.1.5 The means by which you identify yourself must not violate these terms of use or any applicable laws;
7.1.6 You must not impersonate other people, particularly employees and representatives of My Little Darling or our affiliates; and
7.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that My Little Darling reserves the right to monitor any and all communications made to us or using our System.

8. Accounts

8.1 In order to purchase Goods on this Web Site and to use the facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:

8.1.1 all information you submit is accurate and truthful;
8.1.2 you have permission to submit Payment Information where permission may be required; and
8.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
8.2 It is recommended that you do not share your Account details, particularly your username and password. My Little Darling accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
8.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact My Little Darling immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, My Little Darling accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
8.4 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.

9. Termination and Cancellation

9.1 Either My Little Darling or you may terminate your Account. If My Little Darling terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
9.2 If My Little Darling terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
9.3 My Little Darling reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
9.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
9.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

10. Goods, Pricing and Availability

10.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from My Little Darling correspond to the actual Goods, My Little Darling is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 12.1 for incorrect Goods.
10.2 Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
10.3 My Little Darling does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site
10.4 All pricing information on the Web Site is correct at the time of going online. My Little Darling reserves the right to change prices and alter or remove any special offers from time to time and as necessary. All pricing information is reviewed and updated daily.
10.5 In the event that prices are changed during the period between an order being placed for Goods and My Little Darling processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
10.6 All prices on the Web Site do include VAT.

11. Privacy

Use of the Web Site is also governed by our Privacy policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

12. Disclaimers

12.1 My Little Darling makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
12.2 No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
12.3 No part of this Web Site is intended to constitute a contractual offer capable of acceptance.

13. Changes to the Service and these Terms and Conditions

My Little Darling reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If My Little Darling is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

14. Availability of the Web Site

The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
My Little Darling accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

15. Limitation of Liability

15.1 To the maximum extent permitted by law, My Little Darling accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
15.2 Nothing in these Terms and Conditions excludes or restricts My Little Darling’s liability for death or personal injury resulting from any negligence or fraud on the part of My Little Darling.
15.3 Nothing in these Terms and Conditions excludes or restricts My Little Darling’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
15.4 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.

16. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

17. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

18. Notices

All notices / communications shall be given to us either by post to our Premises (see address above) or by email to our Guest Services Department. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

19. Law and Jurisdiction

These terms and conditions and the relationship between you and My Little Darling shall be governed by and construed in accordance with the Law of England and Wales and My Little Darling and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.