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terms & conditions

TERMS AND CONDITIONS OF SUPPLY FOR CONSUMERS

This sale, made by Aden & Anais Limited ("Aden & Anais"), is subject to all of the terms and conditions set forth below, all of which are accepted by you ("BUYER"), supersede BUYER’s order form, if any, and constitute the terms and conditions of sale between the parties. By submitting your order through the Aden & Anais website you, BUYER, agree to be bound by these terms and conditions.


INFORMATION ABOUT US: Aden & Anais Limited is registered in England and Wales under company number 7074907, with its registered office at Shakespeare House, 168 Lavender Hill, London, SW11 5TG. Aden & Anais' VAT number is 984646761.


CONSUMER RIGHTS: If the BUYER is contracting as a consumer, the BUYER may cancel a contract at any time within seven working days, beginning on the day after the BUYER received the products. In this case, the BUYER will receive a full refund of the price paid for the products in accordance with our refunds policy as stated below.


To cancel a contract, the BUYER must inform Aden & Anais in writing. The BUYER must also return the product(s) to Aden & Anais immediately, in the same condition in which the BUYER received them, and at the BUYER's own cost and risk. The BUYER has a legal obligation to take reasonable care of the products while they are in the BUYER's possession. If the BUYER fails to comply with this obligation, Aden & Anais may have a right of action against the BUYER for compensation.


Details of this statutory right, and an explanation of how to exercise it, are provided in the order confirmation. This provision does not affect your statutory rights.


PRICING: Orders are subject to Aden & Anais’ prices in effect at the time of shipment. Prices do not include freight, insurance, applicable surcharges, taxes, duties or other governmental charges unless specified, all of which are BUYER’s responsibility.


PAYMENT: Unless otherwise agreed, payment shall be made in advance of shipment by credit card, company cheque or any other form of payment acceptable to Aden & Anais. In the case of payment by credit card, Aden & Anais will process the charges not more than five business days in advance of shipping ("business day" being any day other than a Sunday or bank holiday in England). In the case of payment by cheque, Aden & Anais may hold shipment of products until Aden & Anais receives notice from its bank that BUYER’s cheque has been honoured. Should BUYER’s payment not be honoured for any reason, Aden & Anais may cancel this contract, provided that BUYER shall remain liable for damages.


CREDIT: Aden & Anais is under no obligation to extend credit to BUYER. If Aden & Anais extends credit, Aden & Anais reserves the right to limit or revoke such credit at any time and for any reason in Aden & Anais’ sole discretion.


DELIVERIES: Release by Aden & Anais of products to a carrier constitutes delivery to BUYER, and risk of loss shall thereupon pass to BUYER. Any delivery date provided by Aden & Anais is only an estimate. The BUYER's order will be fulfilled by the delivery date set out in any order confirmation or, if no delivery date is specified, then within a reasonable time of the date of the order, unless there are exceptional circumstances. Any delivery date provided by Aden and Anais is an estimate only. The Buyer agrees that time shall not be of the essence for the purpose of delivery.


Property in the products will only pass when payment for the products, in full and in cleared funds, is received by Aden & Anais. Products held by Aden & Anais for BUYER for any reason shall be at BUYER’s risk. Although Aden & Anais will make every reasonable effort to avoid partial shipments, Aden & Anais has the right to make partial shipments. Payments for partial shipments will be charged consistent with the payment terms set forth above. Should delivery of all or any part of the products be delayed by events beyond Aden & Anais’ control (such as strikes, disasters, government regulations or Aden & Anais’ inability to obtain labour, materials or services), Aden & Anais’ time for performance shall be extended by the period of delay, or Aden & Anais may, at its option (exercised acting reasonably), cancel this contract without liability, BUYER remaining liable to pay for all shipments already made. Aden & Anais’ obligations hereunder are subject to the condition that at time of shipment all legal and regulatory requirements owed by the BUYER shall have been complied with.


OUR REFUNDS POLICY: When the BUYER returns a product to Aden & Anais:

  • (a) where the BUYER has cancelled the contract with Aden & Anais within the seven-day cooling-off period, Aden & Anais will process the refund due to BUYER as soon as possible and, in any case, within 30 days of the day BUYER has given notice of their cancellation. In this case Aden & Anais, will refund the price of the product in full, including the cost of sending the item to BUYER. However, BUYER will be responsible for the cost of returning the item to Aden & Anais and a £5.00 restocking fee, per item and us.
  • (b) in all other cases Aden & Anais will examine the returned product and, at Aden & Anais' discretion, will notify the BUYER of their refund via e-mail within a reasonable period of time. Aden & Anais will usually process the refund due to the BUYER as soon as possible and, in any case, within 30 days of the day Aden & Anais confirmed to BUYER via e-mail that the BUYER was entitled to a refund for the defective product. Products returned by the BUYER due to a defect will be refunded in full, including a refund of the delivery charges for sending the item to the BUYER and the cost incurred by the BUYER in returning the item to us.

The Buyer is reminded of its obligation to take reasonable care of the product(s) and return the product(s) in the same condition in which BUYER received them. Aden & Anais will usually refund any money received from you using the same method originally used by you to pay for your purchase.


INTERNET and COOP SALES: BUYER shall not, without Aden & Anais’ prior written authorization, sell (or otherwise dispose of) Aden & Anais’ products on the internet. Aden & Anais is under no obligation to permit BUYER to offer the products via the internet. However, if Aden & Anais authorizes use of this distribution channel, BUYER may only offer Aden & Anais’ products via a website registered to and maintained by BUYER and approved by Aden & Anais. BUYER shall not market Aden & Anais’ products through E-Bay or any other internet auction site, or through any coop or group sale. BUYER shall not resell (or otherwise dispose of) Aden & Anais’ products to other retailers. Aden & Anais shall have the right to suspend deliveries and may terminate this and all other contracts with BUYER in the event of any unauthorized sales by BUYER.


USE OF ADEN & ANAIS’ INTELLECTUAL PROPERTY: BUYER may not use Aden & Anais’ copyrights, logos, patents, trademarks, trade dress, trade names (collectively “IP”) or images of Aden & Anais’ products without Aden & Anais’ prior written approval. In the event that Aden & Anais does grant a limited licence to the BUYER, allowing use of Aden & Anais’ IP or images of Aden & Anais’ products, such use must be tasteful and appropriate (as determined solely by Aden & Anais). Aden & Anais reserves the right to revoke any such licence to use its IP at any time and for any reason.


WARRANTIES: Aden & Anais warrants that the products delivered hereunder shall conform with the description on Aden & Anais’ website vendor portal. Products which do not conform to the description or are defective in material or workmanship will be replaced or, at Aden & Anais’ option, credit for the original purchase price will be allowed provided that BUYER notifies Aden & Anais in writing of such defect within one (1) year of delivery and BUYER returns such products in accordance with Aden & Anais’ instructions. No products may be returned by BUYER without Aden & Anais’ prior written authorization. All returns shall be subject to verification on arrival at the location specified for the return of the products in such written authorization. The foregoing constitutes BUYER’s sole and exclusive remedy and Aden & Anais’ sole obligation with respect to products furnished hereunder. Aden & Anais makes no other warranty or representation with respect to the products, either express or implied, including without limitation, that of satisfactory quality or fitness for a particular use. Failure to make any claim: (i) in writing; and (ii) within such period, shall constitute an irrevocable acceptance of the products and an admission by the BUYER that the products fully comply with all terms, conditions and specifications of this contract.


LIMITATION OF LIABILITY: Aden & Anais' total liability for losses suffered as a result of it breaching these terms is strictly limited to the purchase price of the products purchased under the relevant contract. This limitation of liability does not include or limit in any way Aden & Anais' liability for: death or personal injury caused by Aden & Anais' negligence; under section 2(3) of the Consumer Protection Act 1987; for fraud or fraudulent misrepresentation; or for any other matter for which it would be illegal for Aden & Anais' to exclude, or attempt to exclude, its liability. Aden & Anais shall not be responsible for indirect, incidental, special or consequential damages under any circumstances, including, but not limited to, damage or loss resulting from inability to use the products, lost profits, increased operating costs, loss of sales, or any other damages. Aden & Anais shall not be liable for normal manufacturing defects, for customary variations from specifications, or for any imperfections inherent in the materials or processes used. Aden & Anais does not guarantee exact matching of colour or shade, resistance to light or water, or suitability for further processing.


IMPORT DUTY: If you order products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.


Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.


DESIGN PROTECTION: No rights in the design of Aden & Anais’ products, or designs incorporated in such products, delivered hereunder shall pass to BUYER except as an integral part of the products. BUYER agrees not to copy or reproduce, or cause to be copied or reproduced, either directly or indirectly, Aden & Anais’ products, product designs, designs incorporated in such products, or product packaging.


CONSTRUCTION: This contract contains the entire agreement between the parties and supersedes any prior or contemporaneous oral or written agreements and/or communications between them relating to the subject matter hereof. This contract shall be governed by the laws of England except, however, if local law requires its own applicability in order to render enforceable all provisions of this contract, then such local law shall apply. Waiver by Aden & Anais of any provision of this contract, or of any breach by BUYER, shall not constitute a continuing waiver and Aden & Anais shall retain the right to insist upon the operation of all provisions hereof and to enforce its rights with respect to any subsequent breach. Should any provision of this contract be held void, voidable or unenforceable for any reason, all remaining provisions of this contract shall remain in full force and effect.


NOTICES: BUYER accepts that communication with Aden & Anais will be mainly electronic. For contractual purposes, BUYER agrees to this electronic means of communication and acknowledges that all contracts, notices, information and other communications that Aden & Anais provide electronically comply with any legal requirement that such communications be in writing. Aden & Anais may give notice to BUYER via its website or at either the e-mail or postal address provided when placing an order. Notice will be deemed received and properly served immediately when posted on Aden & Anais' website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.


VARIATION and FUTURE TRANSACTIONS: Aden & Anais have the right to revise and amend these terms and conditions from time to time. Except to the extent that a future transaction is governed by a signed contract between the parties, the terms and conditions of this contract shall apply to all future transactions. By submitting an order through the Aden & Anais website you agree to be bound by the above terms and conditions.


MISCELLANEOUS: BUYER may not transfer, assign, charge or otherwise dispose of a contract, or any rights or obligations arising under it, without Aden & Anais' prior written consent. Contracts for the purchase of products from Aden & Anais' 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. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.