These Terms and Conditions, and your use of our website, are governed by English law and you agree to submit to the non-exclusive jurisdiction of the English court. This does not affect your non-excludable statutory rights.
1.1. Contract - means any contract for the sale of goods and/or the supply of services between us and you into which these Conditions are incorporated;
1.2. Conditions - means the standard terms and conditions of sale set out below, including any special terms and conditions confirmed in writing by us;
1.3. Goods - means the goods and/or services which we shall supply in accordance with these Conditions, under an order which is accepted;
1.4. We - means Newttuck Ltd T/A Its Darling, and “us” and “our” shall be construed accordingly;
1.5. You - means the person placing an order for the Goods and entering into the Contract with us and “your” shall be construed accordingly;
1.6. The headings in these Conditions are for convenience only and shall not affect their interpretation.
1.7. Unless expressly stated otherwise, where rights and decisions are to be exercised or made at our discretion, then we shall be under no duty or obligation to you to justify or provide a reason for the decision.
1.8. Where our prior written consent is required in these Conditions, we shall not unreasonably withhold or delay in giving that consent.
1.9 Its Darling refers to Newttuck Ltd, whose registered office is situated at 9 Llwynderw, Three Crosses, Swansea SA43QG. Company Number 6473167.
2.1. These Conditions and the terms of the Returns Policy shall set out the entire agreement and apply to all Contracts between us for the sale of Goods.
2.2. All specifications, drawings and particulars of weights, dimensions and performance issued by us are approximate only and are not intended to form the basis of any Contract.
2.3. We reserve the right to withdraw any offer or special promotions displayed on the website that in the opinion of Its darling is being abused. However, in the event that you have already placed an order that we have accepted we will provide you with a full refund for any money received.
2.4. Although we will use all our best efforts to keep the Website as up to date as possible, we cannot give any guarantee about the availability of Goods as they appear on the Website.
3.1. By placing an order with us you will be deemed to have read, understood and agreed to these Terms and Conditions. If you are unhappy with any aspect of these, then you should contact us before placing an order. Contact us.
3.2. Your order represents an offer to purchase the Goods which is accepted by us when we dispatch the Goods to you. Our acceptance of your order is conditional upon the Goods being intended for personal use and not for resale. All orders are subject to availability and on a first-come first-served basis as unfortunately we are unable to reserve Goods.
3.3. If we reasonably believe you are intending to resell the Goods (whether on e-bay or otherwise) we reserve the right to refuse your order. However, in the event that we do accept your order we will be entitled to treat you as a commercial customer and as such:-
3.3.1.the rights afforded in clause 11 relating to the right to cancel will not apply; and the terms of our ‘no quibble returns policy’ will be withdrawn, and we will only accept returned Goods within seven days of dispatch if they were defective at the time of receipt. You shall be responsible for ensuring the accuracy of the terms of any order submitted by you, and for giving us any necessary information relating to the Goods within a sufficient time to enable us to perform the Contract in accordance with these Conditions.
4.1. The price of the Goods shall be the price confirmed by us at the time the order is placed.
4.2. While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered, we will inform you as soon as possible and give you the option of re-confirming the order at the correct price or cancelling it. If we are unable to contact you, we will treat the order as cancelled. If you have already paid for the goods and the order is subsequently cancelled, you will receive a full refund.
4.3. In the event that we are unable to supply the Goods at the price, specification or by the delivery date stated in the order, we will where possible notify you of any changes in the price or date and where the Goods ordered are not available we may offer you substitute goods. In the event that the substitute goods are at a different price, you will be asked to re-confirm your order at the new price. You are not obliged to accept any substitute goods and will be entitled to receive a full refund for the Goods which we are unable to deliver or are not acceptable.
4.4. The price is inclusive of any applicable value added tax (at the rate from time to time in force) and any packaging or delivery costs for which you shall be liable will be confirmed after your order has been placed.
5.1. Please see our Payment Options for our terms of payment.
5.2. If you fail to make any payment on the due date then we reserve the right to:
5.2.1. cancel the Contract or suspend further deliveries to you;
5.2.2. charge you a reasonable amount of interest (as well after as before any judgment) on the amount unpaid, from the date the amount was due until payment is made in full, accruing pro rata on a daily basis.
5.3. In the event that a cheque or credit card payment is dishonoured by your bank or credit card provider, they (being your bank, credit card provider or our debt collection company “Transax” or “Certegy Ltd”) may charge a fee. Where we incur any fee or liability as a result of a dishonoured payment, you will be liable to reimburse us in full for the amount we have incurred.
5.4. Validation Checks. All credit and charge card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. In addition, in the interests of preventing fraudulent use of credit, debit and charge cards, Its darling will validate the names, addresses and other information supplied during the order process against commercially available records (e.g Electoral Roll data, Credit Reference Services). A third party may also be instructed to complete these checks. By ordering from the Its darling website you consent to such checks being made. We may need to contact you by letter, telephone or email to verify details before we are able to process and dispatch your order or we may be unable to accept your order. Any information given may be disclosed to a registered Credit Reference Agency which may keep a record of the information. All information provided will be treated in accordance with the Data Protection Act 1998. These measures are taken as extra protection for you, to ensure your online shopping experience with us is as safe and secure as possible.
5.5. All payments shall be taken at the time of order. Where the price of any order is amended in accordance with clause 4.3 above however, a charge for the new amount shall be taken and the original payment refunded. You should be aware that, due to card provider procedure, both transactions shall be debited from your account and a short period of time shall elapse before the refund is processed through your account. We exclude to the fullest extent permitted by law any liability for any additional cost you may incur as a result of this. The rest of this clause 5 shall apply to these further payments where appropriate.
6.1. You shall make all arrangements to take delivery of the Goods whenever they are tendered for delivery.
6.2. We aim to provide you with a reasonable date on which the Goods will be ready for collection or delivery. Where we become aware that the date for collection of delivery may be delayed, we shall notify you as soon as possible and aim to provide you with a revised date. We shall not be liable for any loss you incur, whether financial or otherwise, resulting directly or indirectly from our delay or failure to meet the date where the delay is caused by reasons outside of our control.
6.3. If we fail to deliver the Goods (or any instalment) for any reason other than any cause beyond our reasonable control or your fault, and we are accordingly liable to you, our liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
6.4. If you fail to take delivery of the Goods or fail to give us adequate delivery instructions at the time stated for delivery then we reserve the right to store the Goods until actual delivery and charge you for the reasonable costs (including insurance) of storage or subsequent delivery charges which we may incur;
6.5. Delivery is normally within 5 - 7 working days after placing your order, UK mainland only. However, please allow 10 days before contacting our customer services department.
6.6. Please note Bank Holidays are not working days so please allow for this before contacting us.
6.7. If you do not live within the UK mainland please allow up to 7 working days for delivery. If you are a BFPO customer, we will deliver your parcel to British Forces Post Office within 7 working days, please then allow up to 10 days for your order to reach your base.
6.8. You may be required to sign for your parcel when it is delivered. If you are not at home when the parcel arrives, a card will be left for you to arrange an alternative delivery date with the courier.
6.9. If for any reason you have a query regarding the delivery of your order, please e-mail us on customerservices@itsdarling.com.
6.10. Please remember to include your Order Number (if known), your full name and postcode when corresponding by email.
6.11. Postage Costs
6.11.1. Standard Delivery
6.11.2. UK and BFPO £4.95 Channel Islands £5.99
6.11.3. Express Delivery (UK Mainland Only) £6.99
7.1. Express Delivery can only be selected for orders within Mainland UK. If Express Delivery can not be used in your area; delivery will default to the standard service.
8.1. For any other country, we will not be able to process your order via our website but our Customer Services department will assist you over the telephone. Please call +44 07971 643672.
8.2. Your postage charge will cost you the same regardless of the number of items you order.
9.1. Risk of damage to or loss of the Goods shall pass to you in the case of Goods to be delivered otherwise than at our premises, at the time of delivery or, if you fail to take delivery of the Goods, the time when you have collected the Goods.
9.2. Notwithstanding delivery and the passing of responsibility for the Goods to you, the transfer of the ownership of the Goods shall not pass to you until we have received in cleared funds payment in full of the price of the Goods.
9.3. Until such time as the as the Goods are paid for in full, you shall be responsible for taking reasonable care of the Goods. Where you fail to pay for the Goods in accordance with these Conditions, we shall be entitled, at any time, to require you to deliver up the Goods to us and, if you fail to do so seek a court order to permit us to enter upon any premises where the Goods are stored and repossess the Goods.
10.1. Subject as expressly provided in these 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 the applicable law. Where the Goods are sold to a person dealing as a consumer, we warrant that the Goods are of satisfactory quality and fit for their normally intended purpose.
10.2. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976, as amended) your legal rights are not affected by these Conditions. Further information on your legal rights can be obtained from Trading Standards or Citizens Advice Bureaux.
10.3. Except in respect of death or personal injury caused by our negligence, for which our liability shall be unlimited. For all other loss or damage which you may suffer or incur in connection with the supply of Goods under this Contract, our liability shall be limited to that caused by a natural and reasonably foreseeable consequence for which we are at fault or negligent.
11.1. Neither party shall be liable to the other or deemed to be in breach of Contract by reason of delay or failure to perform any of that party’s obligations if the delay or failure to due to act cause beyond that party’s reasonable control.
11.2. These Conditions do not purport to confer a benefit on any third party.
11.3. Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing addressed to the other party and delivered to the address provided at the time the order is confirmed or any subsequent or alternative address which one party may notify to the other from time to time.
11.4. Where we do not take action against you for any breach of the Contract, we shall not be prevented from taking action against you in respect of any subsequent breach of the same or any other provision.
11.5. Where any competent authority deems any Condition to be invalid or unenforceable in whole or in part, then the offending part shall be removed and the validity of the remainder of the Conditions shall not be affected.
11.6. The Contract and these Conditions shall be governed by the laws of England, and you agree to submit to the non-exclusive jurisdiction of the English courts.
11.7. We reserve the right to monitor and record telephone calls our staff receive and make, in order to monitor staff performance and ensure the highest service possible is provided to our customers.
11.8. The copyright in all photographs, images and descriptions contained on this website are owned by Its Darling, and may not be reproduced without the express consent of Its Darling.
12.1. If, for any reason you are unhappy with the Goods, you have the right to cancel your order at any time within seven working days from the day after the day on which the Goods were received.
12.2. If you wish to cancel after the Goods are dispatched, please return the Goods to us indicating whether you require an exchange or refund. Please refer to our Returns policy.
12.3. Should you ever have cause to make a complaint, we will use all reasonable endeavours to respond as soon as possible and in any event within five working days.
12.4. Should you need to discuss any matter at any time, please contact our Customer Services Team via email at customerservices@itsdarling.com
13.1. We may make available promotional codes from time to time. Any use by you of a promotional code in respect of an order shall only be permitted where used by the person for whom it is intended and for a single use.
13.2. Promotional codes are not valid in conjunction with any other offer.
13.3. There is no cash alternative available.
13.4. The promotional codes can be withdrawn by us at anytime.
13.5. All offers to which the promotional code relates shall only be available on UK mainland orders (excluding Postage and Packaging costs at the normal rate of £4.95).
13.6. Promotion codes cannot be used after the expiration date.
13.7. We cannot issue refunds for promotion codes not used at the point of order, please check your order thoroughly before placing to avoid disappointment.
14.1. Ordering and paying for online orders with Its darling is both safe and secure. Security is one of the greatest fears when placing online orders and we as a company have invested in a totally secure and safe site for you to shop. Once you checkout, we encrypt all your details using Internet standard encryption technology (SSL). If a site is secure a padlock will appear in the bottom right hand section of your screen when you are in the credit card entry area. Occasionally, the padlock will not be visible but the page is still secure. If you do not see the padlock, you can check by right-clicking anywhere on the page (except on an image) and select Properties. If the URL starts https: the s indicates that the page is secure. We will be using cookies to ensure that the ordering process works as smoothly and efficiently as possible. A cookie is a small amount of data that is sent to your web browser and stored on your computer.
15.1. We are committed to ensuring that your privacy is protected. This Privacy Policy explains how we use the information we collect about you, how you can instruct us if you prefer to limit the use of that information and procedures that we have in place to safeguard your privacy.
15.2. The information we collect and how we use it
15.2.1. When you register with our website we need to know your name, e-mail address, correspondence address, contact telephone numbers and payment/credit card details.
15.2.2. We gather this information to allow us to process your orders and provide you with the information/goods requested.
15.2.3. From time to time we may provide your information to our customer service agencies for research and analysis purposes so that we can monitor and improve the services we provide. We or our agents and sub-contractors may contact you by post, e-mail, SMS or telephone to ask you for your feedback and comments on our services. In addition we may use and share the information (which we will keep for a reasonable period) for marketing, host mailing, list rental and profiling your preferences and occasionally as a service to our customers make our customer lists available to carefully screened companies whose products or services we feel may be of interest to you, unless you have signified to us that you do not wish us to make your details available to third parties.
15.3. How we protect your information
15.3.1. The Internet is not a secure medium. However we have put in place various security procedures as set out in this policy, including firewall security and password protection.
15.3.2. You should be aware that information and data may be automatically collected through the use of "cookies". Cookies are small text files a website can use to recognise repeat users and allow us to observe behaviour and compile aggregate data in order to improve our website and to target its advertising. Cookies do not attach to your system or damage your files. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature, and should refer to the “Help” section of your PC operating system.
16.1. In the event that this business is sold or integrated with another business your details may be disclosed to our advisers and any prospective purchaser and their advisers and will be passed on to the new owners of the business.
17.1. If any of the information that you have provided to us changes, for example if you change your e-mail address, name or payment details, please let us know the correct details by sending an e-mail to customerservice@itsdarling.com, or by sending a letter to Its darling, 9 Llwynderw, Three Crosses, SWANSEA SA4 3QG.
18.1. We comply with and are registered under the Data Protection laws in the United Kingdom. We take all reasonable care to prevent any unauthorised access to and use of your personal data.
18.2. Our staff and those working for our agents and contractors maintain a responsibility to keep your information confidential and will only use it to offer relevant products and services related to your enquiry.
18.3. We may also wish to provide you with information about special features of our website or any other service or products we think may be of interest to you.
18.4. If you do not wish to receive any mailings, email unsubscribe@itsdarling.com with your email address, customer number or name and address details.
19.1. By submitting your information you consent to the use of that information as set out in this Policy. If we change our Privacy Policy we will post the changes on this page, and may place notices on other pages of the website, so that you may be aware of the information we collect and how we use it at all times. Continued use of the service will signify that you agree to any such changes.
19.2. Owing to the global nature of the internet infrastructure, the information you provide may be transferred to companies based in countries outside the European Economic Area that do not have similar protections in place regarding your data and its use as set out in this policy. However, we have taken the steps outlined above to try to improve the security of your information, and where we pass your information to such companies (other than in transit across the internet), we will ensure that they treat your information with the same level of protection as if we were dealing with it ourselves. By submitting your information you confirm your consent to these transfers.
20.1. If you are not entirely delighted with the products that you have chosen, you may return them to us within 14 days of receipt. We will be more than happy to offer you an exchange or, at our option, a refund provided that the products are returned complete, in perfect condition, unused, and with the original packaging.
20.2. Please complete the returns slip on your delivery note clearly stating which item you are returning and the action you would like us to take. If you request a refund then the amount paid will go back onto your original payment card. If you request an exchange please indicate which size you require or alternatively, if you are choosing a different item, please advise the product code and size required. Please note if the exchange item is cheaper in price then we will automatically refund the difference, however if the item is more expensive then we will contact you for payment authorisation. We do not charge postage for any exchange items being sent out to you.
20.3. If you have mislaid your delivery note simply enclose a covering letter with your name and full address together with your requirements.
20.4. Its Darling does not have a free collection service for returns; therefore take your parcel to the post office and request the local courier service, ensuring you opt for the extra compensation if the contents of your parcel exceed the value of £36 – this will ensure you are adequately covered in the unlikely event of your parcel going missing in transit. We will happily refund the cost of your postage if the item you are returning is faulty or was incorrectly sent. Itsdarling.com cannot be held responsible for any returns parcel lost in the post, therefore please keep your receipt as proof of postage.
The Returns address is:
Its Darling
9 Llwynderw
Three Crosses
Swansea
SA4 3QG
As above. Company #: 6473167