Terms & Conditions
The following document outlines the terms and conditions for the Childsplay Clothing website.
Terms updated in August 2020
Welcome to Childsplay Website (the “Site”). The Site is owned by and operated by Next Retail Ltd, a UK company that is part of the Next Holdings Limited (collectively “Childsplay” “Next”, “us”, “we” or “our”). We provide you with access to this Site subject to the following conditions. Please read these terms and conditions (“Terms” or “Agreement”) carefully as they apply to your use of the Site generally as well as when you register to create an account or purchase products through the Site without creating an account.
By visiting this Site you accept these Terms. If you do not agree to these Terms, then please do not use the Site and feel free to contact us via our toll-free number for any questions or purchases.
We grant you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, except with our express written consent. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any access for or use of web scraping, data mining, robots, or similar data gathering and extraction tools.
This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on the Site without express written consent. You may not use any meta tags or any other "hidden text" utilizing our name or trademarks without the express written consent.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
If you use this Site and create an account, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer You agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the Site only with involvement of a parent or guardian. We reserve the right to refuse to sell or deliver to any individual or company, to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
We may combine your information with information we collect from other companies and use it to improve and personalize our services, content and advertising. From time to time, we make portions of our mailing list available to carefully screened companies. If you do not want your name and mailing list made available or wish to alert us to duplicate mailings, please call toll-free or email us at firstname.lastname@example.org. We are committed to respecting your privacy.
Shipping and Risk Of Loss
Your order will be delivered by DPD/Aramex. Delivery will be confirmed at checkout, subject to availability of the products you have ordered. All items that you purchase from us are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Please allow extra days for local holidays, UK national holidays, weekends and sale time.
Delivery times will be confirmed at checkout.
We deliver your orders using DHL Express.
Unfortunately due to the ongoing pandemic we are limited with flight options and facing largely increased costs in order to get your parcels to you. All orders over $250 (US) will be shipped free of additional charge, any order under $250 (US) will be subject to a $15 (US) shipping charge.
Please allow extra days for delivery during holidays, UK national holidays, weekends and sale time. Collection may be required where duties are payable.
Returns and Refunds
Local Newgistics Returns
You can now return any unused items within 28 days of receipt for a refund (provided the items are in a new and unused condition) via post using the Newgistics returns label enclosed in your parcel. Drop your package in the US Mail wherever it’s most convenient: at home, at work or at your local post office. If you prefer, you can arrange a USPS collection from your address (where available) by scheduling a ‘carrier pickup’ at www.usps.com. Once your return is processed, $7 will be deducted from your refund. Please allow 14 working days for your refund to process.
Alternatively, if you do not wish to use the above services you can return via post using the returns label on the reverse of the delivery note. Postage must be paid by the sender and will not be refunded by Next (this does not affect your statutory rights) All postal returns should be sent to:
3580 NW 56 St
FL 33309, USA
International orders placed online cannot be returned to a Next Retail Store.
Note if you do not return the item within the time specified we may retain the item(s) and/or not refund at all or refund the current or last selling price. All cosmetics, grooming products and certain jewellery can only be returned if found to be faulty. Where a product has a security seal, a refund will not be given if the seal is broken unless it is faulty.
We reserve the right to amend or change its returns and refunds policy at any time, so please check our Returns Information frequently.
If you are dissatisfied in any way with your order or have a query relating to delivery please call us toll-free at 001-833-336-40704 (Lines are open: 24 Hours, 7 Days Week) or email us at email@example.com
The prices quoted are those ruling at the time of production. Due to circumstances beyond our control prices may have to be altered up or down, including any alterations with respect to shipping internationally. We cannot confirm the price of an item until you order. We will process payment for the full amount on confirmation of your order.
Despite our best efforts, items may be mispriced. In the event a product is listed at an incorrect price, we shall have the right to refuse or cancel any orders placed for the product listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit or debit card charged. If your credit or debit card has already been charged for the purchase and your order is cancelled, we shall immediately issue a credit to your credit or debit card account in the amount of the incorrect price.
If for this, or any other reason, an item is not acceptable, it may be returned providing it is sent back within 28 days of receipt and is in new, unused condition. Certain products cannot be returned. See Returns Information for details. All prices shown are cash prices in US dollars. We reserve the right to accept or reject orders at any time.
All orders for products are subject to availability. In the event of supply difficulties we reserve the right to substitute items of equal quality and value. You will be notified of such substitutes when you place your order.
We try to be as accurate as possible. However, we do not warrant that product descriptions, sizes, colours, styles or other content of this Site is accurate, complete, reliable, current, or error-free. We have made significant efforts to accurately display the colours of our products that appear on the Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate. If a product you purchase is not as described, your sole remedy is to return it in unused condition. See Returns Information for additional information.
Copyright and Trademarks
All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Next or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Next and protected by U.S. and international copyright laws. All software used on this site is the property of Next or its software suppliers and protected by United States and international copyright laws.
Nextdirect.com and other nextdirect.com graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Next in the U.S. and/or other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not Next's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Next. All other trademarks not owned by Next that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
It is our policy to respond to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), where applicable.
Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to Next's Designated Agent. If you believe that your copyrighted work has been infringed under U.S. copyright law and is accessible on this Site, please notify us by contacting our Designated Agent. Even if you believe that the alleged infringing work was not posted by a third party, please send all notifications of claimed copyright infringement to our Designated Agent listed below.
- Notices of Alleged Infringement for Content Made Available Through Our Site.
If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Site by sending us a notice ("Notice") complying with the following requirements.
a. Identify the copyrighted works that you claim have been infringed.
b. Identify the material or link you claim is infringing (or the subject of infringing activity) and that access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on our website where such material may be found.
c. Provide your mailing address, telephone number, and, if available, email address.
d. Include both of the following statements in the body of the Notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
"I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
e. Provide your full legal name and your electronic or physical signature.
f. Deliver this notice, with all items completed, to our Designated Copyright Agent:
Company Secretary's Department
Next Holdings Limited
- Counter Notices
You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer or by Next, if injured by relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
A poster of allegedly infringing material may make a counter notice pursuant to the DMCA. When we receive a counter notice, we may reinstate the material in question. To provide a counter notice to us, please provide the following information to our Designated Copyright Agent.
a. Identification of the material that has been removed or to which access has been disabled on our web site and the location at which the material appeared before it was removed or access to it was disabled.
b. A statement as follows: "I hereby state under penalty of perjury that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled."
c. Your name, address, telephone number and, if available, email address.
d. A statement as follows: “I hereby consent to the jurisdiction of the federal district court located in [_________] County in the State of [________], and I will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person.”
e. Provide your full legal name and your electronic or physical signature.
f. The Counter Notice should be delivered to our Designated Copyright Agent:
Company Secretary's Department
Next Holdings Limited
We are unable to accept credit, debit, and AMEX cards that are due to expire within the next FIVE Days. We can only accept credit or debit cards that are registered to the delivery address.
Card details are checked and verified by a third party and goods are shipped once authorization has been obtained. In the event of a breach of security by you, you will remain liable for any unauthorized use of your credit card until you update your information.
You are entirely responsible for any and all activities which occur under your user account.
You represent and warrant that if you are making online payments that
- any credit card, debit card and bank account information you supply is true, correct and complete
- charges incurred by you will be honoured by your credit/debit card company or bank
- you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and
- you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Please note that if you pay by credit, debit or AMEX cards you may be charged a fee by your card issuer.
You will be responsible for assuring that any products you order comply with state and federal government import regulations. In particular please note that all shipments to destinations outside of the UK may be subject to import duties and taxes, which are levied by the importing country at the time the shipment arrives in your country. All applicable duties, fees and any additional charges for customs clearance are your, our customer’s, responsibility.
Links to Other Sites
We make no representations whatsoever about any other website that you may access through this Site. When you access a non-Next website, please understand that it is independent from us, and that we have no control over the content on that website. In addition, a link to a non-Next website does not mean that we endorse or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to this Site, you do this entirely at your own risk.
Disclaimer of Warranties and Limitation of Liability
This Site and all information, content, materials, products and services included on or otherwise made available to you through this site are provided by next on an "as is" and "as available" basis, unless otherwise specified in writing. next makes no representations or warranties of any kind, express or implied, as to the operation of this site or the information, content, materials, products or services included on or otherwise made available to you through this site, unless otherwise specified in writing. you expressly agree that your use of this site is at your sole risk. to the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. next does not warrant that this site; information, content, materials, products or services included on or otherwise made available to you through this site; their servers; or e-mail sent from next are free of viruses or other harmful components.
We will not be liable for any damages of any kind arising from the use of this site or from any information, content, materials, products or services included on or otherwise made available to you through this site, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. to the extent any aspects of the foregoing limitations of liability are not enforceable, the maximum liability of company to you with respect to your use of this site or any products sold by next is the lesser of (a) the purchase price for the product causing such liability and (b) $500 (five hundred dollars US.)
Warranties relating to products offered, sold and distributed by us are subject to separate warranty terms and conditions, if any, provided with or in connection with the applicable products.
The foregoing paragraph shall not apply to residents of New Jersey. With respect to residents of New Jersey, Next, Childsplay and/or its or their employees, directors, officers, or agents shall not be liable for any losses or damages arising out of or in connection with your use of or inability to use the site, or any materials therein unless such damages or injuries are the result of Next/Childsplay’s negligent, fraudulent or reckless acts or intentional misconduct.
Governing Law and Jurisdiction
By visiting this Site, you agree that the laws of the state of New York, without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and us. All actions and proceedings arising out of or related to this Agreement, any products (including personal injury and product liability claims) or your use of the Site shall be brought in the state or federal courts of New York and you consent to the exclusive personal jurisdiction of such courts.
Privacy and Other Policies
We reserve the right to make changes to our Site, policies, and these Terms at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
When you visit this Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
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 a US 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).
If any of this information changes we will tell you by updating the terms and conditions online or by including details on or with your monthly statement, or by separate note to you.
© Copyright Next Retail Ltd, Desford Road, Enderby, Leicester, LE19 4AT. All rights reserved.