1. Use of the Website. Welcome to the Shells Belles Kidz website (the "website"). By accessing this website you agree to these terms and conditions (the "Terms"). If you do not agree to them you may not use this website and should leave it immediately. www.shellsbelleskidz.com is an online service of shellsbelleskidz.com ("shellsbelleskidz.com"/"We"/"our"/"us") provided solely for your personal use for the sale of clothing, accessories and other Items ("Items"). We have taken great care to ensure that the Items on our website are presented as accurately as possible. However colour clarity will depend upon your own personal monitor screen and we therefore cannot guarantee that the colour of the actual Item is definitely accurate. Before placing an order please read through these Terms. To be eligible to purchase Items on this Website you must be the holder of a valid debit/credit card/Paypal account. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. By using this site you agree to comply with, and be bound by, these Terms. We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.
2. Making a purchase. When you order an Item from shellsbelleskidz.com you are offering to buy it for the price stated, subject to these Terms. You will be guided through the process of placing an order by a series of instructions on the Website. You place your order for Items from the Website by clicking on the [Checkout] button at the end of the on-line order process. Once you have placed your order, we will send you an email acknowledging the exact details of your order, providing you with a payment reference and the value of your order that will be debited from your credit/debit card/Paypal account. This is not an order confirmation or order acceptance from shellsbelleskidz.com. Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Returns policy set out in section 3b below, our acceptance of your order and the completion of the contract between you and us will take place when you receive an email from us notifying you that we have dispatched the Items ordered by you. Our acceptance of your order will be deemed complete and received by you at the time and date of sending of the email, which time and date is specified on the email. The deemed time and date of receipt by you shall apply regardless of whether, for reasons outside our control, you have not received that email. If you require any information regarding your order(s) please contact Customer Care via email at [email protected] We may not accept your order if (i) an item you have ordered is out of stock, (ii) If you card is due to expire within 28 days of your purchase date (ii) we are unable to obtain authorisation for your payment or (iv) if we identify a product or pricing error. We reserve the right to reject any offer to purchase by you at any time and at our sole discretion. If we are unable to fulfill your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See the Returns policy set out in section 3b below. We will try to keep our Website as up to date as reasonably possible but cannot guarantee that any particular Item will always be available. If we can't supply any Item we will release the funds being held in your account for the purchase.
3. Price and Delivery. 3a Orders. Currency: Your card will be charged in dollars. Prices for shipment will be shown in dollars. Customs and handling charges will not be refunded if the goods are returned. shellsbelleskidz.com encourages clients to contact their home bank to receive the accurate price conversion and any bank commissions related to the transactions. Delivery to countries other than the US and Australia that are outside the EU may be subject to local import taxes, which are your responsibility (where applicable). If so, the shipping company will contact you by telephone once your Items are in customs to let you know the cost. Be aware that this may delay your delivery time as goods held at customs will be your responsibility to pay the necessary charges for local authorities to release the goods. We deliver worldwide. We aim to deliver your chosen items to the place and person of your choice, in perfect condition and in the shortest possible time. Our delivery charges are $5.95 for all US delivery addresses with standard service (2 to 3 days) and $12.35 for 2 items or more, $19.99 with Premium service, $42.95 Standard ($66.95 Express) for Canada and $61.75 Standard ($84.95 Express) for the Rest of the world. All purchases are insured by us while in transit until it is delivered to you. Please order from shellsbelleskidz.com with enough lead-time to prevent any loss or disappointment resulting from the delivery time as shellsbelleskidz.com cannot be responsible for this. If your order will not be delivered within the timeframe specified at ordering we will notify you and try to rectify the situation as quickly as is practically possible. All new orders are deemed separate and each is treated individually. As shellsbelleskidz.com online purchases may be delivered to addresses other than the billing address given by the card holder, for example as with the case of a gift being purchased and addressed to a friend, as a security precaution, an e-mail and a copy of the invoice will be sent to the card holders registered e-mail address and home address, and we will require a signature upon delivery for all goods shipped. Please visit our Delivery Section for full details regarding deliveries. 3b Returns- Customer satisfaction is always our top priority, and as such we handle each query on an individual basis to the best of our ability. While we hope that you are delighted with your order, if you are not perfectly satisfied with your goods we will happily offer you a full refund or exchange. Please read carefully our return policy to ensure you can proceed with your request as quick as possible. All returns should be sent back to us in their original packaging provided. Please ensure when returning the parcel that the shellsbelleskidz.com package is properly protected. Return outside the 7 day window may be accepted at our discretion. The item(s) should be returned unworn and in perfect condition, with all shellsbelleskidz.com and designer garment tags still attached. Returns that are damaged, soiled or returned without their original labels may not be accepted and may be sent back to the customer. Before your parcel leaves our warehouse, it is fully checked and controlled by our packing team. If you receive an item which is damaged, please contact us immediately. If your item is faulty (i.e. received damaged or manufacturing fault), we can offer alternatives such as repair or exchanges. For more information, please contact our customer care team at [email protected] shellsbelleskidz.com. 3c Gift returns- If you have received an item from shellsbelleskidz.com as a gift, you can exchange it for another item of the same value or more provided you pay the cost difference and the additional shipping, taxes, and import duties, and any additional charges which may incur as a result of exchange.
4. Passing of property and risk. We will retain the legal ownership of the Items until full payment has been made by you and such payment has been received by us. Legal ownership of the Items will immediately revert to us if we refund any such payment to you. Risk in the Items will pass to you on delivery to you.
5. Refunds. shellsbelleskidz.com wants to ensure your complete satisfaction with the Items. For online purchases, we will accept Items not worn, used or damaged for a full/partial refund as set out above.
6. Contacting Us. If you would like some help when ordering, have a query about your order or to provide us with feedback on our service, please email us at [email protected] shellsbelleskidz.com between the office hours of 09:00 – 20:00 Monday to Saturday (including Federal Holidays). If you would like to contact a Customer Support Representative about a general enquiry please e-mail [email protected]
7. Copyright and Trade Marks All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of shellsbelleskidz.com, our affiliates, our partners or our licensors, and is protected by United States and international copyright laws. The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of shellsbelleskidz.com, our affiliates, our licensors or our partners, in the US and other countries, and are protected by US and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us. Except as set forth in the limited licence in the section entitled "Limited Licence" below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.
8. For the avoidance of doubt, shellsbelleskidz.com does not make any warranty or representation in respect of any other trade mark and the trade marks of the brands featured in DvF in shellsbelleskidz.com belong to their respective owners.
9. Limited Licence We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame, link to, or utilise any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion. The limited licence set forth in this section does not include the right to: a. modify or download the Website or its contents (except caching or as necessary to view content); b. make any use of the Website or its Content other than personal use; c. create any derivative work based upon either the Website or its Content; d. collect account information for the benefit of another party; e. use any meta tags or any other "hidden text" utilising our name or the Trade Marks without our express written consent; or f. use software robots, spiders, rawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may: a. link to, but not replicate, our Content; b. not imply that we are endorsing such website or its services or products; c. not misrepresent its relationship with us; d. not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; e. not portray us or our products, services or Items, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; f. not use any Trade Mark without our prior written consent; and g. not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Website terminates the limited licence set forth in this section without prejudice to any other remedy we may have provided for by applicable law.
10. Third Party Links We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and Terms . You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit.
12. Representations and Warranties: Limitations of liability. We warrant that all our products are of satisfactory quality, comply with their description, are fit for their purpose and that we have good title to sell them to you. Save for the warranty above, we make no representations or warranties of any kind whatsoever, expressed or implied, in connection with these terms or the Website, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, except to the extent such representations and warranties are not legally excludable. You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any a. interruption of business; b. access delays or access interruptions to the Website; c. data non-delivery, mis-delivery, corruption, destruction or other modification; d. loss or damages of any sort incurred as a result of dealings with or the presence of off- Website links on the Website; e. computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites; f. any inaccuracies, omissions or misleading, false or deceptive statement in the content; or g. events beyond our reasonable control. Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred and sisty dollars ($160.00) or the sum you have paid us for the item in relation to which you have the claim.. Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law. Nothing in any warranty given in this clause affects your statutory rights. Nothing in these terms shall exclude or limit our liability for death or personal injury caused by our negligence nor for fraud.
13. Disputes. To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any Items from shellsbelleskidz.com shall be submitted to confidential arbitration in West Chester, PA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the English Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in London, and all applicable provisions of this section shall apply.
15. Governing Law. Your use of this Website and any purchase by you of any Item from shellsbelleskidz.com shall be governed by U.S. law and you hereto submit to the exclusive jurisdiction of the U.S. courts.