Terms and Conditions
All contracts of sale made by Tutti Frutti Direct Ltd "the Company" shall be deemed to incorporate these Terms and Conditions which shall prevail over any other document or communication with the party with whom the Company is dealing ("the Customer").
- Acceptance of Orders
All orders submitted on our web site are acknowledged by email immediately after their submission and are subject to our express acceptance in a second email which advises of cleared payment and delivery details. We reserve the right to cancel any order up to the point of delivery. All orders are fulfilled subject to these terms and conditions of sale unless otherwise varied by an agreement in writing. It may not be possible for us to accept orders for certain items for delivery to certain countries.
- Carriage, Post and Packing
Charges are made for all delivery options except where detailed otherwise and will be invoiced to customers at the prevailing rate.
By default, we will offer the lowest possible shipping rate to the UK mainland (Excluding Northern Ireland and Scottish Highlands). Where additional services such as Next Working Day or Saturday delivery, shipment and delivery to remote or island locations, shipment and delivery outside the UK mainland, or special delivery services are requested by the Customer, additional charges to cover the full costs of these services plus administrative costs will apply. These options are displayed at time of checkout or via a 'Shipping Calculator' where applicable.
Goods are invoiced at the prices ruling at the time of acceptance of an order. Prices shown include VAT which is payable on all goods or services delivered within the EU.
Every effort is made to update and keep the current prices shown on our website. However, the Company reserves the right to modify prices in respect of orders which have not been accepted. Where a product is pictured "in situ" on the web site the price quoted includes only the main product described and not any accessories or accompanying items shown except where otherwise stated.
a) Any time or date for delivery stated by the Company shall be treated as an estimate only. While every effort will be made to dispatch goods within the timescale quoted, no liability can be accepted by the Company for failure to deliver within the quoted times or within any specific time period. The Company shall not be liable for any loss or damage whatsoever (including consequential loss or loss of profit) arising directly or indirectly from any delay in the delivery of all or any of the goods however caused.
b) The Company will accept no liability for shortages or damage to goods unless the Customer notes the damage at the time of delivery (or where this is not possible, for orders totaling less than £250 only, notes "Unable to inspect on delivery" on the delivery note or terminal) and notifies the Company via email within two days of receipt of the goods.
c) The Customer shall be bound to accept the goods when they are tendered for delivery by the Company and delivery shall be deemed to take place when the goods are tendered for delivery to the Customer at the nominated address for delivery whereupon the risks of loss, breakage or any other damage whatsoever shall pass to the Customer.
d) If for any reason the Customer cannot accept delivery of the goods for more than 7 days after the product is available for delivery the Company may either elect to store the goods pending their actual delivery and the Customer shall be liable to the Company for the costs (including insurance) of so doing but the Company shall be under no obligation to insure the goods in storage and the risk of any loss or damage to the goods howsoever arising shall be borne by the Customer, or if the period of storage exceeds 60 days may elect to sell the goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the contract or charge the Customer for any shortfall below the price under the contract. A charge will be made if a further delivery is necessary because the customer is not at home to receive the order or if goods must be redelivered because they cannot fit into the premises without any additional work or equipment, or if goods must be redelivered for any other reason
e) Where access to the delivery address is limited or additional equipment is required to complete delivery of the goods, additional charges to cover the full costs of these services plus administrative costs will apply.
f) Our standard delivery service is a one-man curbside service. It excludes any special services or additional manpower required to effect delivery as well as evening and weekend deliveries, for which additional charges will apply. Our default delivery services apply to UK mainland addresses only. It excludes islands and remote locations. Responsibility for the goods passes to the customer after they are unloaded from the delivery vehicle notwithstanding any assistance provided in delivering goods into the Customer's house.
Images shown on our website are for illustrative purposes only. While every effort is made to ensure the accuracy of colour reproduction, colour may vary according to the settings of the Buyer’s monitor, software or printer.
- Payment terms
If an invoice becomes overdue for payment the full outstanding account becomes immediately due and payable. The Company reserves the right to charge interest on overdue amounts at 3% above the HSBC Bank PLC base lending rate for the time being in force calculated on a daily basis. Payment shall be deemed to have been received only when the full amount of the value of the goods as invoiced (plus interest) has been credited to the Company's bank account without recourse or the Company has received the full amount in cash.
- Property and title
No property or title to goods shall pass to the Customer unless and until the full amount of the value of the goods as invoiced has been credited to the Company's bank account without recourse or the Company has received the full amount in cash (and, in each case, any applicable cancellation period has passed) and the Customer shall indemnify the Company against any loss or damage to the goods prior to the passing of property therein whilst in the Customer's custody. Risk of damage to or loss of the goods shall pass to the Customer at the time of delivery or at the time of attempted delivery or, if the Customer wrongfully fails to receive the delivery as arranged, at the time when the Company has tendered delivery of the goods.
- Force Majeure
In the event that the Company is prevented from carrying out its obligations as a result of any cause beyond its control such as but not limited to Acts of God, War, Strikes, Lock-outs, Flood and Failure of third parties to deliver goods, the Company shall be relieved of its obligations and liabilities for as long as such fulfillment is prevented.
- Returns & Cancellations
Everything we sell online is covered by the Consumer Contract Regulations 2014. If you wish to return an item that is not damaged or faulty, just notify us within 14 days of delivery. If you purchased directly through us, please contact us via email, telephone or alternatively you can fill out a web enquiry via the ‘contact us’ page and we will get back to you. Purchases will only be accepted as a return if they are unused with all labels intact, in all original packaging, with all instructions. The Company cannot accept a return if the goods have been assembled. The customer is responsible for the cost of returning the item(s) to the company. The cost of collection is as follows and based on the value of the goods being returned:
- <£99 - £10
- £100-£349 - £25
- £350-£599 - £50
- £600> - £80
Upon receipt of the item(s), they will be inspected. If the item(s) are deemed unused, in their original packaging, and in a saleable condition, you will receive a refund within 14 working days minus the cost of collection. Tutti Bambini will refuse the right to issue a refund and will return the goods to the customer if they are deemed unfit for resale. By informing us that you would like your items to be collected you agree to these terms and conditions.
If you purchased through one of our stockists, please contact them directly and they will discuss your options with you.
The Company offers a one year warranty for defects in manufacturing and or materials. The warranty period shall commence when the item is received by the Customer. The warranty shall not cover accidents, misuse, neglect or when instructions for the product have not been followed. It also does not cover fair wear and tear. All goods should be maintained in line with the manufacturer instructions. The warranty is only valid for the original owner.
Occasionally a product may develop a fault whilst it is under the warranty period. Initially the fault needs to be reported in writing to the Company’s After-Sales Support Team at firstname.lastname@example.org. It is helpful for the fault to be recorded digitally on a camera. Sending images by email will enable the Company to assess the matter thoroughly and to assist the Customer in processing and resolving the matter as quickly as possible. This also ensures that the fault and correspondence be documented if required for future reference.
Normally when a fault develops whilst the item is under the warranty period there are two options available:
- The Company will send a replacement part to the Customer.
- If the spares are unavailable to send out, The Company will collect the faulty item and investigate the problem and decide how best to resolve
In some cases, the fault may be resolved by sending out a spare part to the Customer during the one year warranty period. This will be done free of charge for manufacturing defects. After this time should a spare part be required the Company will be able to supply it but a charge will be applied for this service depending on the part required.
If the second option is offered, the Company will arrange for the item to be collected. In all cases the product must be securely boxed and packed prior to collection, with a letter stating the exact nature of the fault securely placed inside the box with the product and a piece of plain paper securely attached to the outside of the box with all of the Customer’s details written on it together with the Company’s CRM or return reference clearly appearing on the carton. (Details will be provided by the Company’s customer service advisor prior to collection).
All faulty products are returned to the Company to investigate the fault and to decide if the fault is covered by the warranty. If the Company decides this to be the case, the product will be repaired or replaced as necessary.
No claim will be entertained in respect of any goods which have been repaired or altered in any way or have been the subject of any accident or damage caused by any innocent, willful or negligent act or omission of the Customer or through use not in accordance with the manufacturer’s instructions by the Customer or by circumstances beyond the control of the Company or goods which cannot be shown to have been supplied by the Company.
In some cases the Company may determine that the fault with the product has been caused by customer misuse. In this instance the cost of repair will be borne by the customer. The customer will also be charged £9.95 for the carriage costs for the return. Payment of the carriage cost and the cost of the repair would be required prior to any action being taken. If the Customer decides not to go ahead with the repair, the postage costs of returning the item to you would still apply.
An Exchange or refund will only be offered if the item cannot be repaired or it is not considered viable by the Company to repair the item.
- The Company's liability
a) The Company's liability in respect of breach or non-performance of any order shall be limited to the invoiced value to which the claim relates.
b) Goods are not tested or sold as fit for any particular purpose or for use under any specific conditions other than under normal conditions for those type of goods.
c) Subject as expressly provided in these Terms and Conditions, and except where the goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
d) These terms do not affect the Customer statutory rights.
- Distance Selling Regulations
Any orders placed are subject to your rights of cancellation pursuant to the Consumer Protection (Distance Selling) Regulations 2000, except in respect of supply of audio or video recordings or computer software if you have unsealed their packaging.
You may exercise this right by e-mailing. You must notify us within seven days from the date of delivery. Following receipt of your notice we will contact you to arrange the return of the goods. Please note that the cost of us collecting the goods where you wish to cancel for reasons which are not due to product performance or description will be payable by you. Return P&P charges will not be refunded except for in circumstances where the goods are deemed to have been defective.
- Photography Posting
The Company may redisplay any image you post on sites such as Facebook, Pinterest, Instagram and Twitter (“Social Media”) which uses the #tuttibambini tag. All images are reviewed and if we love your post, we will display it on the Tutti Bambini UK Social Media.
By posting an image and using the #tuttibambini tag, the Customer confirms that they own the copyright in the post and are granting the Company the perpetual right to use your image, name, likeness or any other hashtags for any marketing, advertising and promotional purposes.
If you don't want the Company to use your image, or you change your mind after we have posted it, please email email@example.com and we'll remove your image the relevant Social Media account as soon as possible.
- Contract Law
Tutti Frutti Direct Ltd ("the Company") is a UK registered company (No. 03392819) with its registered office at Whetstone Square, 1068 High Road, London, N20 0QP (VAT registration GB 710 2502 00).
Customers accept that by dealing with Tutti Frutti Direct Limited they agree to these Terms and Conditions and that any contract formed with Tutti Frutti Direct Limited will be a contract under and subject to the laws of England whose courts will have exclusive jurisdiction in the determination of any disputes.
Miscellaneousa) If any provisions hereof shall be held to be invalid, illegal or unenforceable the validity and enforceability of the remaining provisions shall not be in any way affected or impaired thereby.
b) Waiver by the Company of any breach of these Terms and Conditions or any granting of time or indulgence by the Company to the Customer shall in no way affect the rights of the Company hereunder.
c) All headings are for convenience only and do not form part of these Terms and Conditions.
d) Any notice or demand to be given hereunder shall be in writing and shall be delivered by hand or sent by first class prepaid letter to the last known address of the party to be notified and shall be deemed to have been served immediately, if delivered by hand and forty eight hours after posting if posted as aforesaid.
e) The Company may at its discretion record telephone transactions with its customers. This is for staff training purposes only