Terms and Conditions
These terms and conditions of sale are the terms and conditions on which we supply any of the products listed on our website, www.samandlouloute.com, 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.
1.1 We own and operate the retail website www.samandlouloute.com (“Website”). Any reference in these terms and conditions to “Sam & Louloute”, “we”, “us” or “our” is a reference to Sam & Louloute, a company registered in England and Wales under company number 1 1 0 1 9 5 1 8 and its registered 71-75 Shelton Street, London WC2H 9JQ, United Kingdom.
1.2 Through this Website Sam & Louloute makes available to you various children’s clothing made by or on behalf of Sam & Louloute 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 Sam & Louloute 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. Sam & Louloute 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.
4.1 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.
5.1 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 cart” 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 Sam & Louloute” 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.
5.7 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 Sam & Louloute and will be subject to acceptance by Sam & Louloute in accordance with condition 7 below.
5.11 Sam & Louloute 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 Sam & Louloute’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).
6.1 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 Sam & Louloute.
6.2 We accept the following forms of payment: credit/debit cards (Visa, Mastercard, Maestro, Solo Electron, Amex) and PayPal.
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 Sam & Louloute will correspond to the Product(s) actually dispatched to you by Sam & Louloute.
6.5 In order to combat fraud, Sam & Louloute 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 Sam & Louloute 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 Sam & Louloute (“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 Sam & Louloute 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 Sam & Louloute 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 Sam & Louloute 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).
9.1 We aim to deliver your order within the timescales set out below and, in any event, within 45 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 5 working days for France, 1-4 weeks for Europe and 1-6 weeks for International 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.
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 email at email@example.com.
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 Sam & Louloute 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 Sam & Louloute 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, by e-mail at firstname.lastname@example.org.
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 our address in France.
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 by email at email@example.com.
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, 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 Refunds via the Website
You may, within fourteen (14) days of the date on which your order is delivered to you 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.
Products must be returned unworn, unwashed and in their original packaging (which may have been opened) to our address in France.
Returns must be accompanied by a return slip.
We will refund the cost of any Product(s), excluding delivery charges, returned in compliance with the above requirements within fourteen (14) days following receipt of your return request.
14. PERSONAL INFORMATION
15. FORCE MAJEURE
15.1 Sam & Louloute 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 Sam & Louloute’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 Sam & Louloute 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 Sam & Louloute continues for over thirty (30) days, both Parties shall be excused from their contractual obligations towards each other and where appropriate Sam & Louloute will refund you at the earliest opportunity.
16. ENTIRE AGREEMENT
All services provided to you by Sam & Louloute are subject to these terms and conditions together with any previous written or oral representations given or made by Sam & Louloute or any representatives of Sam & Louloute. Neither Sam & Louloute 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.