TUTA KIDS - WEBSITE TERMS OF USE

1. Introduction

   • These terms and conditions (the Terms) set out the basis on which you may browse and use our website and purchase our clothing products and accessories (Products) available at tutakids.co.uk (the Site).

   • This Site is owned and operated by Bombula Textile Limited, with registered no. 09581227 and registered address at 74A High Street Wanstead, London, England, E11 2RJ, UK (we, us or our).

   • Your use of the Site will be governed by these Terms and any other documents contained in these Terms, which will form a legal contract between us and you. By browsing or using this Site you are agreeing to be legally bound by the Terms.

   • If you would like to contact us for any reason please do so using the following details.

2. Changes to the Terms

   • We may revise the Terms from time to time in the event that changes in relevant laws and regulatory requirements or there are changes to our business practices.

   • If you are an existing customer we will email you and we give at least one months’ written notice of any changes to these Terms before they take effect. You can choose to cancel the contract in accordance with Clause 7.3.

   • Your use of the Site will be subject to the most recent version of the Terms available on the Site. We recommend that you read through the Terms available on the Site regularly so that you can be sure that you are aware of any changes that may apply to you.

3. Access and use of the Site

   • The Site is intended for use and the Products are intended to be distributed only in the United Kingdom. We do not accept orders from or deliver to addresses outside the United Kingdom.

   • You warrant that you are 18 years old and a resident in the United Kingdom.

   • The Site is currently made available to you for your personal, non-commercial use, free of charge, although we reserve the right to charge for access to the Site in the future. We will give you reasonable notice before implementing any charges.

   • Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice to you.

   • You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or any other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.

   • You are responsible for making all arrangements necessary for you to have access to the Site.
      

4. Account

   • To access and purchase our Products made available on the Site, you will need to set up an account. You will be required to provide personal information about yourself (including name, date of birth, profession, email address, password, billing and delivery addresses, phone number, and your payment details).

   • You agree that you will provide accurate, current and complete information about yourself, and maintain and promptly update your personal information contained in your account profile. For more information on about how we will use your personal information please see our Privacy Policy below.

   • You agree to not share your account password, and to keep your password confidential.

5. Price, Payment and Availability 

   • All Products are subject to availability.

   • The images of the Products on the Site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer's display of the colours accurately reflect the colour of the Products. Your Product(s) may vary slightly from those images.

   • Please ensure that you read these Terms carefully, and check that the details in your order are complete and accurate, before you submit the order. If you think that there is a mistake or require any changes, please contact us to discuss. We will confirm any changes in writing to avoid any confusion between you and us.

   • When you submit any order to us, this does not mean we have accepted your order for the Product(s), all orders are subject to availability and confirmation of the order price. Payment will be taken once the order has been accepted and you will receive an email confirming that your order has been accepted.

   • All fees are inclusive of VAT (if applicable). Delivery charges are in addition and will be added to the cost of your order, which will be clearly displayed to you on the Order Summary page.

   • You may only pay using the methods of payment displayed on the payment page, no other methods of payment will be accepted. Payment will be in pounds sterling (£) only.

   • We will use our reasonable endeavours to ensure that all prices and details of the Products listed on the Site are correct, however errors may occur. We will notify you as soon as possible in the event that there has been an error, and you will be given an option of confirming the order with the correct price, or cancelling the order and receiving a full refund. If we are not able to contact you after reasonable attempts have been made, we will treat the incorrect order as cancelled, and you will receive a full refund.

   • You may make a change to the order for Products at any time before we dispatch the Products by contacting us. Where this means a change in the total price of the Products, we will notify you of the amended price in writing. You can choose to cancel the order in accordance with Clause 7.3 in these circumstances.

6. Gift Cards

   • Gift cards are valid for 24 months following their date of payment.  

   • Gift cards are virtual and are dispatched only by email to the sender with a separate confirmation email.

   • The currency of the gift card can only be in pounds. No other currencies are used.

   • A gift card can be used in several purchases until the remaining balance is zero within the period of validity.

   • If the goods purchased exceed the amount of the gift card, the balance must be paid by a debit or credit card  in the usual way.

   • Gift vouchers cannot be redeemed for cash.

   • A gift voucher may be cancelled and refunded only to the purchaser within seven (7) working days of purchase of the gift voucher.

   • Products bought with a gift card can be exchanged or returned. The gift card balance will be credited with the corresponding amount to the amount used.

   • Gift card redemption is restricted to the purchase of products on the website and excludes the purchase of a new gift card.

   • Tuta is not responsible in case of theft, loss, destruction or unauthorized use of a gift card by an individual.

   • Tuta reserves the right to cancel a gift card if deemed necessary.

   • Promotional codes do not apply to the purchase of gift cards.

   • One or more gift vouchers can be redeemed against a single order.

7. Delivery 

   • Our charges for delivery can be found here 
     [http://www.tutakids.co.uk/pages/deliveries-returns].

   • We will make reasonable efforts to avoid any delay in the dispatch of your Product, however we will not be liable for any delays resulting from postal delays or any events outside of our reasonable control (please see clause 12).

   • If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises or at our carrier’s nearest location, in which case, please follow the instructions in the delivery note or contact us to rearrange delivery.

   • If we are not able to deliver the whole of the order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this.

   • Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.

   • You own the Products once we have received payment in full.

8. Cancellation and Refunds

   • As a consumer, you have legal rights in relation to Products that are faulty or not as described. We are under a legal duty to supply Products that are in conformity with this contract. Nothing in these Terms shall affect your statutory rights. For more information please see https://www.citizensadvice.org.uk/.

   • If you change your mind: You will be entitled to a full refund if you change your mind about your order within 14 days of receiving your Product. Please note that we will not be able to provide you with a refund for Products that have been personalised or for Products where the hygiene seal has been removed. Wherever possible, we politely ask that you return the Product with any tags/labels, in its original packaging (or suitable alternative packaging if this is not possible) and with a copy of the applicable invoice.

   • Before the Products are delivered: Before the Products are delivered, you have the following rights to cancel an order for Products including where you choose to cancel because we are affected by an event outside of our reasonable control or we change the Terms under Clause 2.1 to your material disadvantage:

     • you may cancel any order for Products at any time before we dispatch the Products or by contacting us. We will confirm your cancellation in writing.

     • if you cancel an order under Clause 7.3.1 and you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you and any delivery charges.

     • unfortunately, if you cancel an order for Products under Clause 7.3.1 and we have already dispatched your Products to you, we will not be able to cancel your order until it is delivered. In this case, if you return the Products to us, you will have to pay the cost of returning the Products back to us. This will not affect your refund for the Products and any standard delivery charges.

   • Failure to deliver: If we miss the delivery deadline (as set out in your order confirmation) for any Products then you may cancel your order straight away if we have refused to deliver the Products or delivery within the delivery deadline was essential (taking into account all the relevant circumstances). If you do not wish to cancel your order straight away, or do not have the right to do so under this Clause, you can give us a new deadline for delivery, which must be reasonable, and you can cancel if your order if we do not meet the new deadline. If you do choose to cancel your order for late delivery, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value.

   • Defective, damaged or incorrect Products: in the unlikely event that the Product you ordered is defective, damaged, or incorrect please contact us using the contact details as listed in Clause 1.4.

   • Process: To cancel your order please email us at zehra@tutakids.co.uk with information about the order you wish to cancel. Once you have informed us that you wish to cancel your order, you must return the Product within 14 days of notifying us.

   • Delivery costs: Please note that you will be responsible for the costs of returning the Products to us, unless the Product is defective, damaged, or incorrect. Where reasonably possible please return the Products with their labels and in their original packaging. Once we have received the returned Product, we will reimburse you the cost of your order within 14 days, or if earlier, within 14 days from the day you provide evidence that you have returned the Product to us. If you have chosen an express delivery option, you will only be entitled to a reimbursement of the delivery costs up to our standard delivery option.

   • We may have to cancel an order before the Products are delivered, due to an event outside our reasonable control or the unavailability of stock. If this happens we will promptly contact you to let you know and if you have made any payment in advance for Products that have not been delivered to you, we will refund these amounts to you.

   • We will only make refunds to the same method of payment which you used to make your purchase.
      

9. Intellectual property rights

   • We are the owner or the licensee of all intellectual property rights in the Site. You may download extracts, of any page(s) from the Site, provided that:

     • the material shall not be reproduced or included in any other work or publication in any medium;

     • the material may not be modified or altered in any way;

     • you may only use the material for personal, non-commercial purposes;

     • the material may not be distributed or sold to any third party; and

     • you do not remove any copyright or other proprietary notices contained in the material.  

   • If you copy or use any part of the Site made available through it in breach of the Terms, your right to use the Site will cease immediately and you must destroy any copies of the materials you have made.
      

10. Data protection and privacy

    • Any personal information that we collect from you as you browse and use the Site will be used in accordance with our privacy policy. To find out more about the data we collect from you and how we use it please read our privacy policy below.

    • By accepting the Terms you also consent to our use of your personal data in accordance with our Privacy Policy.
       

11. Complaints or Queries

    • If you have any queries or complaints about the Site or the Products, please contact us using the contact information as detailed in Clause 1.4. We will use reasonable efforts to respond to you promptly.
       

12. Links to and from the Site

    • You may link to any page of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists, nor establish a link to the Site in any website that is not owned by you.

    • We reserve the right to withdraw linking permission without notice.

    • Where the Site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and we are not responsible or liable for them in anyway.
       

13. Availability

    • We do not guarantee that the Site will always be available, be uninterrupted, secure or free from bugs or viruses, nor that the Site will be free from errors or omissions.

    • We shall not be liable for any delay or failure to perform resulting from causes outside of our reasonable control, including, without limitation, any failure to operate the Site, or supply Products to you due to unforeseen circumstances or cause beyond our control such as acts of god, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, epidemic or other natural disaster, shortages of transportation facilities, fuel, energy, labour, materials or a failure of public or private telecommunications networks.

    • If an event outside of our reasonable control takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you and our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the event outside of our reasonable control.

    • You may cancel the contract if an event outside of our reasonable control takes place and you no longer wish us to provide the Products. Please see your cancellation rights under Clause 7.3. We will only cancel the contract if the event outside of our reasonable control continues for longer than four weeks in accordance with our cancellation rights in Clause 7.8.
       

14. Limitation of our liability

    • You acknowledge that the Site has not been developed to meet your individual requirements. You agree not to use the Site for resale purposes.

    • We only supply the Products for domestic and private use. You agree not to use the Products for any commercial, business or re-sale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    • If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.

    • Unless prohibited by law, our maximum aggregate liability under or in connection with these Terms whether in contract, tort (including negligence) or otherwise, shall in all circumstances be limited to £50.00.

    • You shall indemnify us in the event that we incur any claims, costs, damages, losses, or other liability as result of any your actions or omissions, or through using the Site in breach of these Terms.

    • Nothing in these Terms excludes or limits our liability for:

      • death or personal injury caused by our negligence,

      • fraud or fraudulent misrepresentation,

      • breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession);

      • breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples);

      • defective products under the Consumer Protection Act 1987; or

      • any other liability which cannot be excluded or limited by law.

15. General

    • The Terms do not create or infer any rights that are enforceable by any person who is not a party to them.

    • We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or our obligations under these Terms. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

    • If we decide not to exercise or enforce any right that we have against you at a particular time, then this does not prevent us from later deciding to exercise or enforce that right.

    • Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

    • These Terms and any non-contractual obligations arising out of them shall be governed by and construed in accordance with English law and the non-exclusive jurisdiction of the English Courts.