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Terms & Conditions

Terms & Conditions

 
The terms & conditions set out the terms between you the customer and us the website (www.blackbeautydolls.com) owner.  Your use of this website and any service contained within constitutes acceptance of these terms & conditions in full.  You should not use this website if you do not accept these terms & conditions in full.  
1.  Customer Information 
You (the customer) should always check that the contact information you provide is correct before creating a customer account or proceeding to payment. You are responsible for maintaining your own username and password, where required to access your customer account.  You should ensure that you store your username and password securely and that the details required to access your customer account are not provided to another party.  
As a customer you are responsible for your customer account and actions taken within it.  If you are aware or suspect that your customer account username and password or other details have become known to a third party, you should inform us immediately.
Our website is only intended for use by adults.  Adults may purchase products for children as long as the products purchased are intended by the manufacturer for use or consumption by children.  We reserve the right to restrict or remove your access to this website where you breach these terms and conditions. Such restriction or removal will take place without recourse or explanation to you where we solely deem it appropriate or necessary.  
2.  Privacy 
We take your privacy seriously.  We are registered under and comply with the Data Protection Act 1998.  For further details please see our Privacy Policy.  
3.  Product Pricing and Title 
We make every effort to ensure that the pricing and availability displayed on our website is accurate. However, if an error occurs, we reserve the right to either cancel your order or contact you to make applicable arrangements.  We reserve the right to alter all product pricing without notice.  
Title in any products ordered from us does not pass to you, the purchaser until we have received and processed a valid payment, and your order has been shipped.  
4.  Your order & Dispatch  
When you place an order and make the payment, you will automatically receive a confirmation email from us to confirm your order.
Your offer is only accepted by us once we have emailed you to confirm the dispatch of your order. Product items not included within the dispatch email are not included in the order and contract between you and us.
We reserve the right to delay or refuse orders where a transaction contains incomplete details or details that cannot be verified or where fraud is suspected.  
5.  Shipping
All orders received by us are shipped subject to availability.  The products will be dispatched within 4 business days after receipt of ordering.  If a product is out of stock and we can not dispatch within 4 business days, we will contact you via email immediately to explain when we can dispatch the products and/or to offer you a full refund.
We cannot be held responsible for disruption to shipping caused by industrial disputes or action outside our direct control.  If such disruption occurs you will be offered delivery via an alternative delivery or fulfilment company or a full refund. 
6.  Cancellation Rights, Returns and Refunds 
Under the Consumer Protection (Distance Selling) Regulations 2000 you have a right to cancel your purchase.  However, to exercise the right you must notify us in writing, (email or letter), within 7 days from the day after you receive your goods.
As stated above notification of cancellation must be in writing, a telephone call is not valid cancellation. No right of cancellation, refund or return exists under the Consumer Protection (Distance Selling) regulations 2000 once you have used your products, unless the product is defective and you are returning it for this reason.   
If the original packaging surrounding the product has been damaged or destroyed we will only issue a refund if the product is being returned due to a defect.  If the original packaging of a defective product has been damaged or destroyed you should ensure that the returned product is adequately packed for shipment back to us.
You are responsible for paying any postage or shipping costs incurred when returning the product. We recommend that all returns be sent by registered post, so that a record of the return is available for you.  
We will not issue refunds for any items lost or stolen in transit to us.  Where a return is lost or stolen in transit to us, you should claim compensation from the company that shipped the return.  
Please note that we will not refund any courier, overnight or express element of any delivery or postage charge, including Royal Mail Special Delivery.  
7.  Customer Complaints
We endeavour to respond to all customer complaints or queries within 48 hours.
8. Faulty Products
Where you experience a fault with a product it can be returned to us subject to our returns policy above. 
9.  Events outside our control (loss etc)  
We shall not be liable for delay or failure to perform any obligation under these Terms & Conditions if the delay or failure is caused by any circumstances beyond our reasonable control, including, but not limited to, acts of God, war, civil disorder or industrial dispute.  
10.  Licence 
We grant you a licence to access the content, information and services contained within our website for personal use only.  The licence allows you to download and cache (using your browser) individual pages from our website.  The licence does not allow you to download and modify individual pages or substantial parts of our website nor to make our website available via an internet, where our website or a substantial part of it is hosted locally on the intranet in question.  
Our website design, layout, content or text cannot be copied, edited or otherwise manipulated without our express prior written permission. Our website cannot be placed within the frame-set of another site. Third parties are not allowed to "deep link" to pages within our website, without our express prior written permission.  All links (unless expressly permitted by us) should be the main index page of our website.  Furthermore, the content of such links, whether graphic or text should not be misleading, false, derogatory or in any other way offensive.  
11.  Copyright 
All content, graphics, buttons, icons, logos, layouts and look & feel are our copyright, unless expressly acknowledged as otherwise.  The data mining, extraction or utilisation of product information from our website is not permitted without our express prior written permission.  
12.  User Generated Content 
Where the facility exists you may provide reviews or public feedback on the website of products purchased by you, also known as user-generated content.  Where the facility exists such user-generated content can be provided in different formats and mediums; text, audio, video and still photographs.  
As part of providing this content to us you agree to grant us a worldwide, irrevocable, non-exclusive and royalty-free license to use, distribute, edit, translate and repurpose such content, as we require, including sub-licensing to other parties.  
Such content shall not infringe the intellectual property rights of any other party. Furthermore the content shall not be illegal or capable of breaching the laws of any jurisdiction in which it may be displayed.  We reserve the right to remove any content, which breaches or risks breaching these terms and conditions. However, we shall not assume any responsibility for auditing or monitoring any user generated content.  
Any complaints about such content by rights holders or any user or visitor to our website should be directed to us using our contact details listed at the end of these terms and conditions.  
13.  Indemnity 
By your use of our website you hereby indemnify us and undertake to keep us indemnified at all times now and in the future against all possible claims relating to any breach of these terms and conditions by you.  Such indemnities to include, (but not be limited to) all costs legal and otherwise, all other expenses, damages or settlements arising from your breach of these terms and conditions.  
14.  Variation 
We reserve the right to vary these terms & conditions at any time, without giving notices to you.  Such varied terms and conditions shall automatically apply to the use of our website from the date of publication on our website. 
15.  Assignment 
We reserve the right to assign our rights and also our obligations under these terms and conditions, without giving notice to you.  The right of assignment shall only apply to us and shall not apply to you in anyway.  
16.  Severability
The foregoing paragraphs, sub-paragraphs and clauses of these terms & conditions shall be read and construed independently of each other.  Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.  
17.  Waiver
Failure by us to enforce any accrued rights under these terms & conditions is not to be taken as or deemed to be waiver of those rights by us unless we acknowledge the wavier in writing.  
18. Third parties 
These terms and conditions are between you and us.  They do not apply to, or benefit any third party and are not reliant on any third party. 
19.  Entire terms and conditions 
These terms and conditions set out the entire agreement and understanding between you and us.
20.  Your Statutory Rights  
Where acting as a consumer your statutory rights are unaffected.  
21.  Jurisdiction 
These terms & conditions shall be interpreted, constructed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.