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Terms & Conditions

The following document outlines the terms and conditions for the Childsplay Clothing website.
Terms updated in September 2020

Application and Account Details

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use this site only with involvement of a parent or guardian. We reserve the right to refuse to supply any individual or company, to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

We may combine the information you give us with information from other companies and use it to improve and personalise our services, content and advertising. This may also be done on a reciprocal basis and from time to time, we make portions of our customer list available to carefully screened companies so that they can contact you with offers and information by mail, telephone, email or otherwise. If you do not want your name and mailing details made available or wish to alert us to duplicate mailings, please call us on our helpline number or email.

We are committed to respecting your privacy. An electronic copy of each order is held by Next but will not be accessible to you. All orders will be concluded in the English language. We may also contact you for market research purposes. You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks.
You must be over 18 years old and a resident in the European Union to buy goods from this website.

Conclusion of contracts

You may choose a product from our product range and collect these products via the "Add to bag" button in the so-called empty bag. Via the "Go to checkout" button, you will continue the ordering process. On this site, you will have to register with your customer details or create a customer account. Via the "BUY" button you submit a binding offer to purchase the goods collected in the empty bag. Before submitting the order, you may change and view the data at any time. The offer may, however, only be submitted and sent if you accept these General Terms and Conditions by clicking on the respective tick box and thus include them into the order.

We will subsequently send you an automatic confirmation of receipt via email which itemises your order and which you can print via the "Print" button. The automatic confirmation of receipt only documents that your order has been received by the us, but does not constitute an acceptance of the order. The contract is only concluded when we have declared acceptance of the offer via a separate email (order confirmation) or when the ordered goods are dispatched. The contract documents will be stored observing the provisions of the data protection laws. You may download these General Terms and Conditions along with the revocation instructions and form as a PDF file from the website.

The contract is concluded in German and English.

Delivery Information

Delivery times indicated by us are calculated from the date of our order confirmation or shipping confirmation subject to the prior payment of the purchase price (except in case of purchase on account). If no or no deviating delivery times are indicated for the respective goods in our online shop, the delivery time shall be within 3-4 working days.

Sale Delivery Information

During sale periods, please allow 14-21 days for your delivery. You will be advised of the estimated delivery date at the time of order.

Shipping

Orders with a value exceeding EUR 230 will be delivered free of charge. Shipping charges in the amount of EUR 12.00 will become due for standard deliveries. Please note that delivery may be delayed on local or national holidays in the United Kingdom, on weekends or during advertising campaigns. We reserve the right to supplement or amend any offer of delivering goods free of charge. We promise, however, to inform customers in such case at least 14 days in advance.

Right Of Revocation

You have the right to revoke this contract within 14 days without stating reasons. The revocation period is 14 days starting on the day on which you or a third party appointed by you, other than the carrier, took possession of the goods. To exercise your right of revocation, you have to inform us:

Next Retail Ltd
Toftshaw Lane
Bradford
BD4 6QG
Tel: 0800 589 0746
Mail: Germany@mail.childsplayclothing.co.uk

about your decision to revoke the contract by sending us a clear statement (e.g. a letter sent by post, a fax or an email). For your revocation you may use the attached template revocation form which is, however, not compulsory. To comply with the revocation deadline, it is sufficient to dispatch the statement declaring that you exercise your right of revocation before the expiry of the revocation period.

Consequences Of The Revocation

If you revoke this contract, we are obliged to repay any payments we received from you, including the delivery costs (with the exception of additional costs which occurred because you chose a different form of delivery than the low priced standard delivery offered by us), immediately and at the latest within 14 days from the day on which your statement declaring the revocation of this contract is received by us. For this repayment we use the same payment method which you chose for the original transaction, unless we explicitly agreed on another method; on no account will we charge any fees for the repayment. We are entitled to refuse repayment until we have received the returned goods or until you have provided proof that you have dispatched the goods, whichever is the earlier date. You are obliged to return the goods or hand them over to us immediately and in any case at the latest within 14 days from the day on which you informed us of the revocation of this contract. The deadline is deemed met if you dispatch the goods prior to the expiry of the period of 14 days. You shall bear the direct costs for returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to a handling of the goods which was not necessary for assessing the quality, characteristics and functionality of the goods.

Template Revocation Form

Via the Template revocation form, the seller informs as follows pursuant to the statutory provisions:(If you wish to revoke the contract, please fill in and return this form.)

Right To Return

In addition to your statutory right of revocation (see above), we grant all consumers an additional right to return the product. This right is additional to your right of revocation and does not restrict or limit your statutory revocation right: You can return any unused items within 28 days of receipt for a full refund (provided the items are in a new and unused condition) via the Post Office using the returns label on your delivery note. All returns are free of charge via the Post Office. Detach the completed returns note on the right hand side and enclose it, together with your returned items, inside your parcel, then:
1. Peel off the returns label and attach it to the outside of your parcel. The original address label must be removed or covered by the returns label.
2. Take your return parcel to a Post Office free of charge.
3. Remember to obtain a receipt as proof of return and retain until the item(s) have been refunded.

To find your nearest post office please visit: deutschepost.de If you have lost your returns label please call us on 0800 589 0746. We can re-produce a returns label which you can then use for your free return.

Defective Goods

a. We shall be liable for material defects pursuant to the applicable statutory provisions.
b. Subject to a special representation which we grant for certain products or in relation to which such is required by law, we do not give any representation or warranty as to our products.
c. We shall be liable for any claims pursuant to the German Product Liability Act (Produkthaftungsgesetz, ProdHaftG) as well as for intent and gross negligence pursuant to the statutory provisions. This shall include liability for intent and gross negligence committed by our statutory representatives and vicarious agents. In addition, we shall be liable pursuant to the statutory provisions in case of intentional or negligent breach of a material contractual obligation. This shall be deemed an obligation of particular importance for the fulfilment of the contractual objectives on which the other party could and also did rely.
d. Except for intentional and grossly negligent breach of contract, our liability shall be limited to a compensation amount which could generally be foreseen upon occurrence of the damage event. In all other cases we do not assume any liability.

Force Majeure

Disturbances in the delivery due to events which are unforeseeable, unavoidable and beyond our control and for which we are not responsible, such as force majeure events, war, natural disasters and pandemics we release ourselves for the duration of this disturbance and to the extent of its effect from our duties of performance. Agreed delivery periods shall be extended by the duration of such disturbance. We must be informed of such disturbance in adequate form and immediately. Where the end of such disturbance is unforeseeable or where the disturbance lasts more than two months, either party has the right to withdraw from the contract concerned (or its services not yet fulfilled) and/or to terminate the contract without notice.

Problems

If you are not satisfied in any way with your order or in case of any questions concerning delivery "free domicile", you can reach us at 0116 3672639 (24 hours a day) or write us an email to Germany@mail.childsplayclothing.co.uk.

Prices

The stated prices shall be the prices valid at the time of the production. Due to circumstances which we cannot influence, it might be necessary to increase or reduce prices. This also includes amendments to the VAT rate. You can confirm your order with the amended price prior to the conclusion of the contract. In such case, you will receive a separate notification from us. All indicated prices are final prices in euros including the applicable VAT. We reserve the right to reject or accept orders at any time.

Availability

All product orders shall be subject to availability. In case of difficulties to deliver, we reserve the right to replace items by equivalent items. You will be informed of the replaced items during the ordering process and will have the opportunity to confirm these replaced items in the ordering process.

Colour Reproduction

Our designers take great care in accurately reproducing the colours used in the collections. However, due to the limitations in the colour reproduction and the individual colour settings of your computer screen, there might be slight deviations. The detailed descriptions provided were produced with reasonable care. Nevertheless, the specifications may change.

Modes Of Payment

You can effect payment by Visa or Mastercard, AmEx, Maestro, Diners, Klarna and PayPal. We cannot accept credit cards expiring within the subsequent FIVE days. The credit cards will be verified by a third provider and the delivery of the goods will be made as soon as authorisation has been granted.

Customer Service

Our friendly customer service are happy to help you at any time, free of charge from the German fixed network; for mobile calls different charges may apply:
0116 3672639*.
*You may reach us from Monday to Friday: 8 a.m. - 10 p.m. and on Saturdays/Sundays 9 a.m. to 10 p.m.

EU Dispute Resolution Platform

You can access the platform of the EU Commission for online dispute (OS platform) resolution here: www.ec.europa.eu/consumers/odr.

Alternative Dispute Resolution

We do not participate in a dispute settlement procedure before a consumer compensation agency within the meaning of the VSBG and we are not obliged to do so.

Applicable Law

These General Terms and Conditions shall be governed by English law.

Copyright

© Copyright 2019 Next Retail Ltd, Desford Road, Enderby, Leicester, LE19 4AT, UK. Company registration number 4521150.

We reserve the right to reject the conclusion of contracts with individuals or companies.

  • VAT registration - United Kingdom: GB 179 7658 90

  • VAT registration - Germany: DE 173548186

Within the framework of our efforts to improve the service offer for our clients, telephone calls with us can be recorded or monitored.



The Childsplay Clothing website is operated by Next Retail Limited trading as Childsplay Clothing under an exclusive licence from Childsplay Clothing. References in these terms to “us” or “we” is a reference to Next Retail Limited trading as Childsplay Clothing.

These terms and conditions set out the basis on which you can use our website and place orders for items from us. To register on the site and to place orders with us you must be aged 18 or over and an EU resident. By ordering goods from us you are deemed to have understood and accepted these terms. The supplier of the goods featured is Next Retail Limited trading as Childsplay Clothing.

Our registered office is Desford Road, Enderby, Leicester, LE19 4AT. Registered company number: 4521150 (England and Wales). We may contact you for marketing purposes by email, mail or telephone with relevant offers. We may also contact you for market research purposes.