Terms and conditions

GENERAL CONDITIONS OF SALE: WEBSITE www.petitbateau.co.uk

These terms and conditions of sale are the terms and conditions on which we supply any of the products listed on our website, www.petit-bateau.co.uk, to you. Please read these terms and conditions carefully before ordering any products from our site. You should understand that by ordering any of our products, you agree to be bound by these terms and conditions.

We reserve the right to make changes to these terms and conditions of sale at any time by publishing a new version on our website. Our applicable terms and conditions of sale are those published on this web page at the time you place your order.

1. INTRODUCTION

1.1 We own and operate the retail website www.petit-bateau.co.uk ("Website"). Any reference in these terms and conditions to "Petit Bateau", "we", "us" or "our" is a reference to Petit Bateau UK Limited, a company registered in England and Wales under company number 3274758 and its registered office at 2nd floor, 35-36 Great Marlborough Street, London W1F 7JF. Our VAT number is GB687 6557 66.

1.2 Through this Website Petit Bateau makes available to you various textile products, babycare products and accessories made by or on behalf of Petit Bateau and our commercial partners (the "Products") to online web users ("Customer", "you" or "your"). For the purposes of these terms and conditions, the Customer and Petit Bateau will be collectively referred to as "Parties".

2. SERVICE AVAILABILITY

2.1 Products are sold to private individuals for the Customer’s personal and not professional use. Petit Bateau reserve the right to cancel any order which in its opinion is excessive or not for personal use.

2.2 The Website is only intended for use by people resident in the United Kingdom (including Northern Ireland but excluding Jersey, Guernsey and the Isle of Man) ("Territory"). We do not accept orders from individuals outside the Territory.

3. PRODUCT AVAILABILITY

3.1 Only the Products currently displayed on the Website are offered for sale (subject to stock availability).

3.2 Photographs of Products on the Website are for indicative purposes only and shall not be relied on by the Customer in any way. The Customer is required to read the description of each Product to be aware of specific details relating to the Product.

3.3 "Blue Point" Products are permanent Products that are excluded from any promotional offer.

4. PRICES

4.1 All prices are displayed in pounds sterling and are inclusive of UK VAT (where applicable).

4.2 The price of the Products and our delivery charges will be as quoted on the Website at the time of placing an order, except in cases of obvious error.

4.3 The flat-rate delivery charge will be added at order summary stage prior to the Customer clicking on the submit order button.

5. ORDERS

5.1 If you wish to place an order, you may select Product and add them to your basket by clicking on the "Add to basket" button.

5.2 You may do the following at any time:

(a) check the number of Products in your basket, get detailed information on each Product, add optional gift wrap with a personalised message and redeem promotional codes by clicking on the "My basket" button

(b) continue adding Products by clicking on the "Continue shopping" button

(c) complete your order by clicking on the "Order" button.

5.3 All new Customers are required to create a Customer account before placing an order. You must complete the form provided, which will include key information to identify yourself, a valid email address and password of choice (personal and confidential to you), all of which will serve to confirm your identity on the Website in the future. Your password must be at least 8 characters and including capital letters, lowercase letters, numbers and special characters.

5.4 After having created his customer account, the Customer has the possibility to join the "My Petit Bateau" loyalty program by choosing the contact method(s) (sms and/or email) and clicking on the "I subscribe" button.

5.5 All Customers with an account will be required to login to their Customer Account by confirming their email address and password. Any order placed using your email address and password will be deemed to have been made by you and you will be responsible for any such order made. We therefore recommend keeping such email address and password private and confidential at all times.

5.6 You are required to provide to us the information that we request about you as this information is necessary to enable us to identify you and to process and deliver your order. The information you provide to us will remain confidential and will be kept and used by us in accordance with our Privacy Policy.

5.7 After clicking on the "Order" button, you will be asked to select a delivery and payment method. You may choose between home delivery and delivery to store and must provide delivery and billing addresses for your order. See section 6 for payment options.

5.8 Once you have selected a delivery method you will be shown the total cost of your order, including the cost of gift wrap and delivery (if applicable). You may go back to review and amend your basket at any time before you confirm your order.

5.9 Once you have double-checked your order summary, you must click on the "Confirm and Pay" button to confirm your order. Before you confirm your order, you must tick the box confirming that you have read and accepted these terms and conditions of sale.

5.10 By confirming your order you agree to be bound by these terms and conditions of sale and the information set out in the order summary. Your order constitutes an offer to buy your selected Products from Petit Bateau and will be subject to acceptance by Petit Bateau in accordance with condition 7 below.

5.11 Petit Bateau reserves the right to refuse an order if:

(a) it considers the order to be excessive or not for personal use as described in condition 2 above;

(b) there is any ongoing dispute with the Customer;

(c) there has been total or partial non-payment of a previous order placed by the Customer;

(d) the bank has declined the bank card payment submitted by the Customer; or

(e) in Petit Bateau’s opinion there is any other legitimate reason (including but not limited to the non-availability of the Product(s), the order being abnormal or unusual or any lack of good faith on the part of the Customer).

6. PAYMENT

6.1 The sum due for payment by you is the total amount shown on the order summary that you checked prior to confirming your order. The price is repeated again once payment has been made in the order summary email sent to you by Petit Bateau.

6.2 We accept the following forms of payment: credit/debit cards (Visa, Mastercard, Maestro, Solo Electron, Amex) and PayPal.

6.3 During the checkout process, you will be asked to complete your payment details. All fields indicated as compulsory must be completed. Please note that we will collect and store your information, using an encrypted secure payment mechanism and will only use your information in accordance with our Privacy Policy.

6.4 All card payments are subject to authorisation by your card issuer and your card will not be debited until the order has been prepared for dispatch. In any case, the amount charged by Petit Bateau will correspond to the Product(s) actually dispatched to you by Petit Bateau.

6.5 In order to combat fraud, Petit Bateau uses the '3D Secure' payment authentication system provided by VISA and Mastercard under the names "Verified by VISA" and "MasterCard SecureCode" respectively. This payment authentication system increases the security of your online purchase.

After you enter your credit/debit card details in our online store, you may be re-directed to your bank's '3D Secure' webpage to verify your identity. This service is provided by your bank for Visa and MasterCard payments. The '3D Secure' process is specific to your bank. Please follow on-screen instructions. If you haven't yet registered with Verified by Visa or MasterCard SecureCode, you'll need to activate this feature first. You can do this during the payment process, or activate it in advance through the Visa or MasterCard website. Please make sure that you can receive the 3D Secure authentication text message.

REMINDER, your transaction will be cancelled after three failed authentication attempts and your card will be blocked after three cancelled bank transactions. If this happens, please contact your bank.

If you have any questions about the '3D Secure' authentication process, please contact your bank.

6.6 If you select payment by PayPal, you will be re-directed to the PayPal website to complete your payment using your PayPal account. All personal information that we send to PayPal is encrypted. For more information on the security of PayPal transactions, please contact PayPal.

7. ORDER CONFIRMATION

7.1 When you submit an order, we will send you an e-mail to acknowledge that we have received your order and that your order is being processed.

7.2 Once the Product(s) you have ordered are ready for dispatch we will take payment and send you a further email summarising your order details and confirming that your Product(s) have been dispatched ("Order Confirmation").

7.3 We generally aim to process orders within 48 hours but we cannot be held responsible for delays due to weather or other circumstances beyond our control. In these cases we will process your order as soon as is reasonably possible.

7.4 Orders placed on the Website on Friday afternoon, Saturday or Sunday will be processed on the following Monday. Orders placed on the Petit Bateau Website on a public holiday that falls on any day other than Friday, Saturday or Sunday will be processed on the following working day.

7.5 A contract of sale between you and Petit Bateau ("Contract") is formed when we send you the Order Confirmation.

7.6 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.

7.7 You will be notified of the unavailability of any Product on an e-invoice corresponding to the order placed. You will receive this e-invoice via your email address no later than 5 days after despatch of Products.

8. PERSONALISED PRODUCTS

8.1 In order to submit an order for a personalised Product, you will be required to check the preview of chosen text and to ensure that it is correct. This will include colour, character size, lettering and content of the message to be embroidered.

8.2 Once you have clicked on the "Submit" button you have fully accepted that the text submitted to Petit Bateau for embroidery purposes is entirely accurate and correct.

8.3 You are entirely responsible for the text chosen for the personalisation of a Product and accordingly you shall not submit:

(a) any text that infringes any third party’s intellectual property rights (including: registered or unregistered trademarks, registered or unregistered design rights, brands, copyright and personality rights)

(b) any unlawful or obscene text (and in particular text containing pornographic, paedophiliac or racist content).

8.4 Petit Bateau can in no circumstances whatsoever be held responsible for the consequences resulting from the text chosen by you to personalise the Product on your behalf.

8.5 Petit Bateau reserves the right to cancel any order that does not comply with the terms and conditions outlined above.

8.6 There can be no exchanges or refunds for personalised Products (except as required by law).

9. DELIVERY

9.1 We aim to deliver your order within the timescales set out below and, in any event, within 30 days of the date on which we send you your Order Confirmation.

9.2 The delivery charge for your chosen delivery method will be shown in your order summary before you submit your order and confirmed in your Order Confirmation.

9.3 Home Delivery

We will aim to deliver your order within five (5) working days from the date of your Dispatch Confirmation. We will deliver the Products ordered by you to the delivery address provided and confirmed by you in the order summary. You may have Products delivered to an address other than your own. We only deliver to addresses in the Territory.

We will not be liable to you for any errors in the delivery address provided by you or for any subsequent change of address of which we have not been notified prior to dispatch.

9.4 Delivery to store

You may choose to have your Products delivered free of charge to selected Petit Bateau stores in the UK. We will aim to deliver your order to your chosen store within ten (10) business days after the date of your Order Confirmation. Once the order has been delivered to your chosen store, we will notify you (by e-mail or text message, as chosen by you) and you will have a period of fifteen (15) working days in which to collect the order from the store. When you collect your order, you must present proof of identity and/or the order invoice. If the order is not collected within this period, we will cancel and refund the order.

We reserve the right to amend, suspend or cancel our free in-store delivery service or impose a minimum spend on orders qualifying for free in-store delivery at any time (for example, during Sales, Privates Sales, Privilege Days, etc.).

10. RECEIPT OF ORDER

10.1 The Products will be your responsibility from the time of delivery.

10.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

10.3 When you receive your order, you must check that the Products received are in conformance with your order. Please contact us if you encounter any problems with your order (for example, missing or damaged items). You may contact our customer services by:

(a) writing a letter to the following address: Petit Bateau Customer Services Department - 2nd floor, 35-36 Great Marlborough Street, London W1F 7JF;

(b) email – click under Contact Us on Website www.petit-bateau.co.uk; or

(c) telephone on 0207 462 57 78 (lines open Monday to Friday, 9.30 am to 4.00 pm).

11. YOUR LEGAL RIGHT TO CANCEL YOUR ORDER WITHOUT A REASON

11.1 You have a legal right to cancel your order without a reason. To cancel your order you must tell Petit Bateau that you wish to cancel your order within fourteen (14) days from the date on which your order is delivered to you (or, where applicable, the date on which you collect your order from a Petit Bateau store).

11.2 Your legal right to cancel your order without a reason does not apply to:

(a) Personalised or made-to-measure Products; or

(b) Products that have been sealed for health or hygiene purposes, once these have been unsealed.

11.3 You may tell us that you wish to cancel your order by submitting a cancellation form, by notifying us in the 'My Account' section of the Website or by post, e-mail or telephone to our customer services team (see section 10.3).

11.4 You must return the Product(s) to us at your own expense within fourteen (14) days of the date on which you cancel your order. Products should be returned in their original packaging (which may have been opened), unworn and unwashed to: Petit Bateau Customer Services Department, 2nd floor, 35-36 Great Marlborough Street, London W1F 7JF. To enable us to process the return of your Products, please include a copy of your delivery note along with your return.

11.5 We will refund to you the total cost of your order (including any standard delivery charges) within fourteen (14) days from the date on which you cancel your order. However, if we do not receive your returned Product(s) (or proof that you have sent them to us) within this period, we may withhold refund until we have received the Product(s) (or proof that you have sent them to us).

11.6 We may reduce the amount that we refund to you (excluding delivery costs) to reflect any reduction in the value of the Product(s) caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Product(s) and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount on request.

12. YOUR RIGHTS IN RELATION TO DEFECTIVE PRODUCTS

12.1 We are under a legal duty to ensure that any Product that you purchase from us through the Website will, on delivery, conform in all material respects with its description, be of satisfactory quality and be reasonably fit for the purposes for which the Product is commonly supplied.

12.2 You have certain rights as a consumer, including legal rights relating to faulty or mis-described goods. Nothing in these terms and conditions of sale will affect your legal rights. If you would like information about your legal rights you should contact your local authority trading standards department or citizens’ advice bureau.

12.3 If you are not satisfied with your Product(s) for any reason, please contact us as set out in section 10.3.

13. EXCHANGES AND REFUNDS

13.1 In addition to your legal right to cancel set out in section 11, you may also exchange your Products or return Products for a refund as set out in this section 13. Please note you may not exchange or return:

(a) Personalised or made-to-measure Products; or

(b) Products that have been sealed for health or hygiene purposes, once these have been unsealed.

13.2 If you have purchased a set of two or more items as part of a single packaged Product (for example, a pack of underwear, newborn gift set, etc.), only the complete set of items may be returned for an exchange or refund. No exchange or refund will be allowed in respect of individual items.

13.3 In-store exchanges

You may, within thirty (30) days of the date on which your order is delivered to you (or, where applicable, the date on which you collect your order from a Petit Bateau store) exchange your Product(s) (other than sale or private sale items) at a Petit Bateau store. Sale and private sale items may be exchanged within fourteen (14) days of the date of delivery or collection.

Only Products that are unworn, unwashed and in their original packaging (which may have been opened) may be exchanged. To exchange any Product, you must present the invoice you received by e-mail when your order was confirmed.

Products may only be exchanged in-store for items of equal or higher value. No refunds will be given in-store.

As shoes are not stocked in UK stores, no exchange will be possible in store. Shoes can only be returned to our Customer Services for a refund.

13.4 Refunds via the Website

You may, within thirty (30) days of the date on which your order is delivered to you (or, where applicable, the date on which you collect your order from a Petit Bateau store) return your Product(s) (other than sale or private sale items) to us, at your own expense, for a refund. Sale and private sale items may be returned for a refund within fourteen (14) days of delivery or collection.

Before you return any Products to us for a refund, you must submit a return request by visiting the 'My Account' section of the Website or by calling our customer services team (as set out in section 10.3).

Products must be returned unworn, unwashed and in their original packaging (which may have been opened) to the following address: Petit Bateau Customer Services Department - 2nd floor, 35-36 Great Marlborough Street, London W1F 7JF. Returns must be accompanied by a return slip (which may be downloaded from the Website under 'My Orders') or the return ticket number (displayed on our Website under My Orders or as provided to you by our customer services team).

We will refund the cost of any Product(s), excluding delivery charges, returned in compliance with the above requirements within thirty (30) days following receipt of your return request.

14. PERSONAL INFORMATION

14.1 The personal information that you provide to us or that we obtain about you through your use of the Website will be used by Petit Bateau in accordance with our Privacy Policy

15. FORCE MAJEURE

15.1 Petit Bateau is not liable for any delay or non-performance of its contractual obligations relating to our Contract with you if such failure or delay results from any circumstance or event beyond Petit Bateau's reasonable control (a "Force Majeure Event") including but not limited to:

(a) a total or partial disruption or strike affecting, in particular, the postal services or means of transport and/or communication;

(b) any default of our suppliers or sub-contractors;

(c) fire, explosion or other catastrophes;

(d) any denial of use of any railway, motorway, port, airport or other means of transport for any reason;

(e) breakdown of plant machinery, computers or vehicles;

(f) war, threat of war, armed conflicts, rebellion, sabotage or riots, acts of terrorism and actions by civil or military authorities resulting from such acts, civil commotion; or

(g) extreme adverse weather conditions including flood, earthquake, snow, windstorm or other natural disasters or acts of God.

15.2 Petit Bateau will notify you in the event of a Force Majeure Event within 5 working days of its occurrence and shall be relieved of its obligations to you until the applicable Force Majeure Event is over.

15.3 If the Force Majeure Event affecting Petit Bateau continues for over thirty (30) days, both Parties shall be excused from their contractual obligations towards each other and where appropriate Petit Bateau will refund you at the earliest opportunity.

16. ENTIRE AGREEMENT

All services provided to you by Petit Bateau are subject to these terms and conditions together with any previous written or oral representations given or made by Petit Bateau or any representatives of Petit Bateau. Neither Petit Bateau nor you may alter the terms of this agreement without the consent of the other.

17. LAW AND JURISDICTION

17.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.

17.2 Any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.

SPECIAL CONDITIONS: PETIT BATEAU ONLINE PRIVATE SALES

The Petit Bateau General Conditions of Sale available at the following address: : https://www.petit-bateau.co.uk/terms-and-conditions/ ("General Conditions") apply to Petit Bateau Online Private Sales (as described below) subject to the provisions of these Special Conditions, which supplement the rights and obligations of the Parties with regard to Petit Bateau online Private Sales.

For Petit Bateau online Private Sales, these Special Conditions prevail over the General Conditions. Unless otherwise defined in these Special Conditions, capitalised terms have the meaning given to them in the General Conditions.

1. DEFINITION OF “PETIT BATEAU ONLINE PRIVATE SALES”

These Special Conditions apply to the sale of Products sold on the Website through Petit Bateau Online Private Sales. “Petit Bateau Online Private Sales" are short-term, ad hoc promotional campaigns, accessible exclusively by customers with an account on the Petit Bateau Website (www.petit-bateau.co.uk), during which Products from previous seasons are offered for sale in limited quantities, while stocks last. Petit Bateau Online Private Sales can be found at the following address: www.petit-bateau.co.uk/private-sales/.

2. REGISTERING FOR PETIT BATEAU ONLINE PRIVATE SALES

2.1 Customer registration for access to Petit Bateau Online Private Sales.

In order to place an order for Products advertised in a Petit Bateau Online Private Sale, a customer must have created an account on the Website via the form provided and must have completed the required fields.


Once the form has been correctly completed, the Customer is registered and can participate in Petit Bateau Online Private Sales.

2.2 Referral

Petit Bateau gives customers with an account on the Website the option of referring one or more people who do not yet have an account on the Petit Bateau Website, allowing them to participate in Petit Bateau Online Private Sales.

Referral by a customer with an account on the Website is limited to a small group of family and friends. A customer who already has an account on the Website cannot refer himself/herself.

Consequently, mass recruitment of referrals outside of the above scope is strictly prohibited. Should Petit Bateau become aware of serious irregularities in the use of its referral system, it may take any appropriate measure to eradicate these irregularities, including the removal of the "Petit Bateau Online Private Sales" referral discount from the referrer and the referee.

Petit Bateau reserves the right to modify or discontinue the referral programme without prior notice or any obligation to justify its decision and without being held liable as a result.

2.2.1 Referrer offer

For each new referral that places a first order on the Website between 13/09/18 and 23/09/18 in accordance with the conditions referred to in article 2.2.2 below, the referrer will be granted a discount of £10 off purchases of £60 or more (excluding postage and gift wrapping)] when making a purchase on the Website or in Petit Bateau stores or participating Petit Bateau partner stores in the UK (excluding corners, concessions and factory outlets and gift card purchases). Offer valid from 19/09/18 to 15/12/18 on www.petit-bateau.co.uk applied to your basket without any code and in store on presentation of the email that we send to you confirming your entitlement. Offer cannot be combined with other promotional offers underway with the exception of the no-code free online delivery offer, if applicable. Only one referrer discount will be accepted per purchase. Offer cannot be divided (one (1) voucher = one (1) purchase).

2.2.2 Referee offer

The referee will be granted an immediate discount of £10 off purchases of £60 or more (excluding postage and gift wrapping)] for any first order on the Website. Offer valid from 19/09/18 to 15/12/18 exclusively on www.petit-bateau.co.uk and is applied to your basket without any code. Offer cannot be combined with other promotional offers underway, with the exception of the no-code free delivery offer, if applicable. Offer cannot be divided (one (1) voucher = one (1) purchase).

3. NO PERSONALISATION OF PRODUCTS

Products ordered as part of Petit Bateau Online Private Sales cannot be personalised.

4. DELIVERY

Products ordered as part of Petit Bateau Online Private Sales will be delivered to your home or to a store depending on your choice when ordering in accordance with the General Conditions.

5. EXCHANGES AND REFUNDS

Products sold as part of Petit Bateau Online Private Sales cannot be exchanged or refunded in-store. Products may be returned to Petit Bateau for a refund in accordance with sections 11 and 13.4 of the General Conditions. Nothing in these Special Conditions affects your legal rights as a consumer.

SPECIAL CONDITIONS: “PETIT BATEAU SURPRISE BAG”

The Petit Bateau General Conditions of Sale available at the following address: www.petit-bateau.co.uk/terms-and-conditions/ ("General Conditions") apply to the sale of “Petit Bateau Surprise Bags” subject to the provisions of these Special Conditions which prevail over the Terms and Conditions.

Unless otherwise defined in these Special Conditions, capitalised terms have the meaning given to them in the General Conditions.

ARTICLE 1. DEFINITION OF THE “PETIT BATEAU SURPRISE BAG”

These Special Conditions apply to the sale of Products sold on the Website as part of a "Petit Bateau Surprise Bag".

The Petit Bateau Surprise Bag consists of 7 (seven) items of one of the following types of Product:

• Short-sleeved bodysuits (girl or boy)

• long-sleeved bodysuits (girl or boy)

• long-sleeved birthing bodies (girl or boy)

• panties

• slips

• boxers

These items are offered at a discounted price while stocks last.

Before placing an order, the Customer will only be asked to choose the gender and size (from 1 month to 12 years depending on the type of Product) of the chosen type of Product (body, panties, underpants or boxers, etc.). The "Petit Bateau Surprise Bag" is randomly selected from available stock (which may include plain, printed or striped Products) and thus constitutes a surprise selection of Products for the Customer.

The “Petit Bateau Surprise Bag” offer cannot be combined with other offers, promotions or discounts.

ARTICLE 2. NO PERSONALISATION

Products in the "Petit Bateau Surprise Bag" cannot be personalised.

ARTICLE 3. EXCHANGES AND REFUNDS

Products sold as part of a Petit Bateau Surprise Bag constitute an indivisible set and cannot be exchanged or refunded in-store or returned individually to Petit Bateau. The complete set of Products may be returned to Petit Bateau for a refund in accordance with sections 11 and 13.4 of the General Conditions. Nothing in these Special Conditions affects your legal rights as a consumer.

GENERAL CONDITIONS OF SALE: IN-STORE SALES VIA TABLETS

These terms and conditions of sale are the terms and conditions on which we supply products purchased through our e-commerce platform using one of our in-store tablet devices ("Tablet"). Please read these terms and conditions carefully before ordering any products via a Tablet. You should understand that by ordering any of our products via a Tablet, you agree to be bound by these terms and conditions.

These terms and conditions are published on our Tablets and in Petit Bateau stores that offer Tablet sales. We reserve the right to make changes to these terms and conditions of sale at any time by publishing a new version on our Tablets and in participating stores. Our applicable terms and conditions of sale are those published on the Tablet at the time you place your order.

1. INTRODUCTION

1.1 We are Petit Bateau UK Limited, a company registered in England and Wales under company number 3274758 and its registered office at 2nd floor, 35-36 Great Marlborough Street, London W1F 7JF ("Petit Bateau", "we", "us"). Our VAT number is GB687 6557 66.

1.2 Petit Bateau sells various textile products, childcare products and accessories made by or on behalf of Petit Bateau and our commercial partners (the "Products") to customers in the United Kingdom ("Customer", "you" or "your") through its stores in the UK and its website at www.petit-bateau.co.uk ("Website"). For the purposes of these terms and conditions, the Customer and Petit Bateau will be collectively referred to as "Parties".

1.3 These terms shall apply whenever you purchase a Product via a Tablet in a Petit Bateau store with the assistance of our in-store staff. This may happen where:

(a) you would like to purchase a Product that is not in stock in the store that you visit (for example, because the size or colour of the Product that you would like is not available or because that Product is not available for sale in that particular store);

(b) you would like a Product delivered to a person of your choice, in the United Kingdom, regardless of whether or not that Product is available in store; or

(c) you would like to customise a Product, regardless of whether or not that Product is available in store.

2. SERVICE AVAILABILITY

2.1 Products are sold to private individuals for the Customer’s personal and not professional use. Petit Bateau reserve the right to cancel any order which in its opinion is excessive or not for personal use.

2.2 We only sell Products to Customers resident in the United Kingdom (including Northern Ireland but excluding Jersey, Guernsey and the Isle of Man) ("Territory"). We do not accept orders from individuals outside the Territory.

3. PRODUCT AVAILABILITY

3.1 Only the Products currently displayed on the Tablet are offered for sale (subject to stock availability).

3.2 Photographs of Products on the Tablet are for indicative purposes only and shall not be relied on by the Customer in any way. The Customer is required to read the description of each Product to be aware of specific details relating to the Product.

3.3 "Blue Point" Products are permanent Products that are excluded from any promotional offer.

4. PRICES

4.1 All prices are displayed in pounds sterling and are inclusive of UK VAT (where applicable).

4.2 The price of the Products and our delivery charges will be as quoted on the Tablet at the time of placing an order, except in cases of obvious error.

4.3 The flat-rate delivery charge will be added at order summary stage prior to the Customer submitting their order.

5. ORDERS

5.1 A staff member will assist you with selecting the Products that you wish to purchase, adding them to your basket and completing the order process.

5.2 You may at any time ask the staff member to show you the Products in your basket and provide you with information on each Product. You may also ask the staff member to add optional gift wrap with a personalised message to your order or to redeem promotional codes.

5.3 All new Customers are required to create a Customer account as part of the order process. You must provide the information requested by the staff member, which will include key information to identify yourself, a valid email address and password of choice (personal and confidential to you), all of which will serve to confirm your identity in the future. An e-mail will be sent to the e-mail address that you provide confirming the creation of your account and a temporary password, which you will be asked to change on the Website. All e-mails relating to your order, including your Order Confirmation (as described in condition 7 below) will be sent to the e-mail address that you provide.

After having created his customer account, the Customer has the possibility to join the "My Petit Bateau" loyalty program by choosing the contact method(s) (sms and/or email) and clicking on the "I subscribe" button.

5.4 All Customers with an account will be requested to provide the staff member with the information necessary to verify their identity, such as their name and post code. You will be asked to check that the information that Petit Bateau holds about you is correct and update it if required.

5.5 You are required to provide to us the information that we request about you as this information is necessary to enable us to identify you and to process and deliver your order. The information you provide to us will remain confidential and will be kept and used by us in accordance with our Privacy Policy.

5.6 Before proceeding with your order, the staff member will ask you to review the contents of your basket and choose your delivery method. Once you have selected a delivery method you will be shown the total cost of your order, including the cost of gift wrap and delivery (if applicable). Please double check that all the details of your order are correct. You may ask the staff member to go back and amend your basket at any time.

5.7 To proceed with your order, you must confirm that you have read and accepted these terms and conditions of sale. The staff member will not be able to complete your order until you have accepted these terms and conditions on the Tablet.

5.8 Once you have confirmed that you are happy with your order, the staff member will confirm your order and proceed to payment.

5.9 By confirming your order you agree to be bound by these terms and conditions of sale and the information set out in the order summary. Your order constitutes an offer to buy your selected Products from Petit Bateau and will be subject to acceptance by Petit Bateau in accordance with condition 7 below.

5.10 Petit Bateau reserves the right to refuse an order if:

(a) it considers the order to be excessive or not for personal use as described in condition 2 above;

(b) there is any ongoing dispute with the Customer;

(c) there has been total or partial non-payment of a previous order placed by the Customer;

(d) the bank has declined the bank card payment submitted by the Customer; or

(e) in Petit Bateau’s opinion there is any other legitimate reason (including but not limited to the non-availability of the Product(s), the order being abnormal or unusual or any lack of good faith on the part of the Customer).

6. PAYMENT

6.1 The sum due for payment by you is the total amount shown on the Tablet. The price is repeated again once payment has been made in the order summary email sent to you by Petit Bateau.

6.2 For Products ordered via a Tablet, payment must be made via the Tablet at the time of ordering. We only accept payment by credit/debit card (Visa, Mastercard, Maestro, Electron, American Express). It is not possible to reserve Products via the Tablet without payment.

6.3 Where possible, the information recorded on the magnetic strip of your credit/debit card will be used to populate the online payment form displayed on the Tablet. Otherwise, you must complete the required payment details. You must also enter your CVV (card verification value).

6.4 Your card details will be transferred to a third party payment server, which is secured by SSL (Secure Socket Layer) encryption to protect your data. Your card details will not be stored by Petit Bateau.

6.5 All card payments are subject to authorisation by your card issuer and your card will not be debited until the order has been prepared for dispatch. In any case, the amount charged by Petit Bateau will correspond to the Product(s) actually dispatched to you by Petit Bateau.

7. ORDER CONFIRMATION

7.1 When you submit an order, we will send you an e-mail to acknowledge that we have received your order and that your order is being processed.

7.2 Once the Product(s) you have ordered are ready for dispatch we will take payment and send you a further email summarising your order details and confirming that you’re Product(s) have been dispatched ("Order Confirmation").

7.3 We generally aim to process orders within 48 hours but we cannot be held responsible for delays due to weather or other circumstances beyond our control. In these cases we will process your order as soon as is reasonably possible.

7.4 Orders placed on Friday afternoon, Saturday or Sunday will be processed on the following Monday. Orders placed on a public holiday that falls on any day other than Friday, Saturday or Sunday will be processed on the following working day.

7.5 A contract of sale between you and Petit Bateau ("Contract") is formed when we send you the Order Confirmation.

7.6 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.

7.7 You will be notified of the unavailability of any Product on an e-invoice corresponding to the order placed. You will receive this e-invoice via your email address no later than 5 days after despatch of Products.

8. PERSONALISED PRODUCTS

8.1 In order to submit an order for a personalised Product, you will be required to check the preview of chosen text and to ensure that it is correct. This will include colour, character size, lettering and content of the message to be embroidered. Personalisation text can be between 1 and 16 characters long.

8.2 Once you have confirmed the preview, you have fully accepted that the text submitted to Petit Bateau for embroidery purposes is entirely accurate and correct.

8.3 You are entirely responsible for the text chosen for the personalisation of a Product and accordingly you shall not submit:

(a) any text that infringes any third party’s intellectual property rights (including: registered or unregistered trademarks, registered or unregistered design rights, brands, copyright and personality rights)

(b) any unlawful or obscene text (and in particular text containing pornographic, paedophiliac or racist content).

8.4 Petit Bateau can in no circumstances whatsoever be held responsible for the consequences resulting from the text chosen by you to personalise the Product on your behalf.

8.5 Petit Bateau reserves the right to refuse or cancel any order that does not comply with the terms and conditions outlined above.

8.6 There can be no exchanges or refunds for personalised Products (except as required by law).

9. DELIVERY

9.1 We aim to deliver your order within the timescales set out below and, in any event, within 30 days of the date on which we send you your Order Confirmation.

9.2 The delivery charge for your chosen delivery method will be shown in your order summary before you submit your order and confirmed in your Order Confirmation.

9.3 Home Delivery

We will aim to deliver your order within five (5) working days from the date of your Dispatch Confirmation. We will deliver the Products ordered by you to the delivery address provided and confirmed by you in the order summary. You may have Products delivered to an address other than your own. We only deliver to addresses in the Territory.

We will not be liable to you for any errors in the delivery address provided by you or for any subsequent change of address of which we have not been notified prior to dispatch.

9.4 Delivery to store

You may choose to have your Products delivered free of charge to selected Petit Bateau stores in the UK. We will aim to deliver your order to your chosen store within ten (10) business days after the date of your Order Confirmation. Once the order has been delivered to your chosen store, we will notify you (by e-mail or text message, as chosen by you) and you will have a period of fifteen (15) working days in which to collect the order from the store. When you collect your order, you must present proof of identity and/or the order invoice. If the order is not collected within this period, we will cancel and refund the order.

We reserve the right to amend, suspend or cancel our free in-store delivery service or impose a minimum spend on orders qualifying for free in-store delivery at any time (for example, during Sales, Privates Sales, Privilege Days, etc.).

10. RECEIPT OF ORDER

10.1 The Products will be your responsibility from the time of delivery.

10.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

10.3 When you receive your order, you must check that the Products received are in conformance with your order. Please contact us if you encounter any problems with your order (for example, missing or damaged items). You may contact our customer services by:

(a) writing a letter to the following address: Petit Bateau Customer Services Department - 2nd floor, 35-36 Great Marlborough Street, London W1F 7JF;

(b) email – click under Contact Us on our Website; or

(c) telephone on 0207 462 57 78 (lines open Monday to Friday, 9.30 am to 4.00 pm).

11. YOUR LEGAL RIGHT TO CANCEL YOUR ORDER WITHOUT A REASON

11.1 You have a legal right to cancel your order without a reason. To cancel your order you must tell Petit Bateau that you wish to cancel your order within fourteen (14) days from the date on which your order is delivered to you (or, where applicable, the date on which you collect your order from a Petit Bateau store).

11.2 Your legal right to cancel your order without a reason does not apply to:

(a) Personalised or made-to-measure Products; or

(b) Products that have been sealed for health or hygiene purposes, once these have been unsealed.

11.3 You may tell us that you wish to cancel your order by submitting a cancellation form, by notifying us in the 'My Account' section of the Website or by post, e-mail or telephone to our customer services team (see section 10.3).

11.4 You must return the Product(s) to us at your own expense within fourteen (14) days of the date on which you cancel your order. Products should be returned in their original packaging (which may have been opened), unworn and unwashed to: Petit Bateau Customer Services Department, 2nd floor, 35-36 Great Marlborough Street, London W1F 7JF. To enable us to process the return of your Products, please include a copy of your delivery note along with your return.

11.5 We will refund to you the total cost of your order (including any standard delivery charges) within fourteen (14) days from the date on which you cancel your order. However, if we do not receive your returned Product(s) (or proof that you have sent them to us) within this period, we may withhold refund until we have received the Product(s) (or proof that you have sent them to us).

11.6 We may reduce the amount that we refund to you (excluding delivery costs) to reflect any reduction in the value of the Product(s) caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the Product(s) and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount on request.

12. YOUR RIGHTS IN RELATION TO DEFECTIVE PRODUCTS

12.1 We are under a legal duty to ensure that any Product that you purchase from us via a Tablet will, on delivery, conform in all material respects with its description, be of satisfactory quality and be reasonably fit for the purposes for which the Product is commonly supplied.

12.2 You have certain rights as a consumer, including legal rights relating to faulty or mis-described goods. Nothing in these terms and conditions of sale will affect your legal rights. If you would like information about your legal rights you should contact your local authority trading standards department or citizens’ advice bureau.

12.3 If you are not satisfied with your Product(s) for any reason, please contact us as set out in section 10.3.

13. EXCHANGES AND REFUNDS

13.1 In addition to your legal right to cancel set out in section 11, you may also exchange your Products or return Products for a refund as set out in this section 13. Please note you may not exchange or return:

(a) Personalised or made-to-measure Products; or

(b) Products that have been sealed for health or hygiene purposes, once these have been unsealed.

13.2 If you have purchased a set of two or more items as part of a single packaged Product (for example, a pack of underwear, newborn gift set, etc.), only the complete set of items may be returned for an exchange or refund. No exchange or refund will be allowed in respect of individual items.

13.3 In-store exchanges

You may, within thirty (30) days of the date on which your order is delivered to you (or, where applicable, the date on which you collect your order from a Petit Bateau store) exchange your Product(s) (other than sale or private sale items) at a Petit Bateau store. Sale and private sale items may be exchanged within fourteen (14) days of the date of delivery or collection.

Only Products that are unworn, unwashed and in their original packaging (which may have been opened) may be exchanged. To exchange any Product, you must present the invoice you received by e-mail when your order was confirmed.

Products may only be exchanged in-store for items of equal or higher value. No refunds will be given in-store.

As shoes are not stocked in UK stores, no exchange will be possible in store. Shoes can only be returned to our Customer Services for a refund.

13.4 Refunds via the Website

You may, within thirty (30) days of the date on which your order is delivered to you (or, where applicable, the date on which you collect your order from a Petit Bateau store) return your Product(s) (other than sale or private sale items) to us, at your own expense, for a refund. Sale and private sale items may be returned for a refund within fourteen (14) days of delivery or collection.

Before you return any Products to us for a refund, you must submit a return request by visiting the 'My Account' section of the Website or by calling our customer services team (as set out in section 10.3).

Products must be returned unworn, unwashed and in their original packaging (which may have been opened) to the following address: Petit Bateau Customer Services Department - 2nd floor, 35-36 Great Marlborough Street, London W1F 7JF. Returns must be accompanied by a return slip (which may be downloaded from the Website under 'My Orders') or the return ticket number (displayed on our Website under My Orders or as provided to you by our customer services team).

We will refund the cost of any Product(s), excluding delivery charges, returned in compliance with the above requirements within thirty (30) days following receipt of your return request.

14. PERSONAL INFORMATION

The personal information that you provide to us or that we obtain about you as part of the order process will be used by Petit Bateau in accordance with our Privacy Policy.

15. FORCE MAJEURE

15.1 Petit Bateau is not liable for any delay or non-performance of its contractual obligations relating to our Contract with you if such failure or delay results from any circumstance or event beyond Petit Bateau's reasonable control (a "Force Majeure Event") including but not limited to:

(a) a total or partial disruption or strike affecting, in particular, the postal services or means of transport and/or communication;

(b) any default of our suppliers or sub-contractors;

(c) fire, explosion or other catastrophes;

(d) any denial of use of any railway, motorway, port, airport or other means of transport for any reason;

(e) breakdown of plant machinery, computers or vehicles;

(f) war, threat of war, armed conflicts, rebellion, sabotage or riots, acts of terrorism and actions by civil or military authorities resulting from such acts, civil commotion; or

(g) extreme adverse weather conditions including flood, earthquake, snow, windstorm or other natural disasters or acts of God.

15.2 Petit Bateau will notify you in the event of a Force Majeure Event within 5 working days of its occurrence and shall be relieved of its obligations to you until the applicable Force Majeure Event is over.

15.3 If the Force Majeure Event affecting Petit Bateau continues for over thirty (30) days, both Parties shall be excused from their contractual obligations towards each other and where appropriate Petit Bateau will refund you at the earliest opportunity.

16. ENTIRE AGREEMENT

All services provided to you by Petit Bateau are subject to these terms and conditions together with any previous written or oral representations given or made by Petit Bateau or any representatives of Petit Bateau. Neither Petit Bateau nor you may alter the terms of this agreement without the consent of the other.

17. LAW AND JURISDICTION

17.1 Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law.

17.2 Any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.