BABY BOX – PURCHASE TERMS AND CONDITIONS

LITTLE WISHLIST LIMITED (company number 10607540) whose registered office is at C/O Aspreys Accountants Ltd, No. 5 the Heights, Brooklands, Weybridge, Surrey, KT13 0NY (the LW, We, Us, Our) is an online gift registry which provides consumers with the opportunity to purchase physical boxes which contain various Brand Products and Brand Offers (Baby Box(es)). You wish to purchase a Baby Box or a Baby Box Subscription in accordance with these terms and conditions. By purchasing a Baby Box or a Baby Box Subscription, You agree to be bound by these terms and conditions. These terms apply in full in circumstances where you purchase a box where you pay only for postage. Please read these terms and conditions carefully before purchasing a Baby Box or a Baby Box Subscription. We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the Website and it is Your responsibility to read the terms and conditions on each occasion You use this Website and Your continued use of the Website shall signify Your acceptance to be bound by the latest terms and conditions. 

1. DEFINITIONS AND INTERPRETATION

In these terms and conditions, the following words shall have the following meanings: 

Brand Offers means an offer, discount and/or promotion from a third-party brand, featured in the Baby Box

Brand Partners means the third-party brands which We have partnered with for each Baby Box to provide the Brand Products and/or the Brand Offers

Brand Products means products developed by third-party brands (which may include sample products), featured in the Baby Box

Contract means a contract for the purchase of a Baby Box or a Subscription 

Delivery Fees means the fees for delivery of the Baby Box, as specified on the Website at the time of purchase

Order means an order which You place with Us to purchase a Baby Box or a Subscription

Release means the release of a new Baby Box 

Release Frequency means each month, or such other frequency as We may determine and advertise on Our Website from time to time 

Subscription means a subscription to receive a Baby Box in line with the Release Frequency or at the regularity chosen by You when purchasing the Subscription

Subscription Boxes means the Baby Boxes delivered to consumers as part of their Subscription

You/Your means you, the person purchasing a Baby Box or Baby Box Subscription 

Website means Our website at www.littlewishlist.com 

Working Days means any day of the week, excluding weekends and Bank Holidays

1.1 Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.

1.2 Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

2. BABY BOXES

2.1 Each Baby Box is curated with different Brand Partners and features different Brand Products and/or Brand Offers. We do not provide any guarantees that any particular third-party brands will feature in the Baby Boxes at any time nor do We provide any guarantees that any particular Brand Products and/or Brand Offers will be featured in a Baby Box. We use reasonable endeavours to include at least 4 Brand Products and/or Brand Offers in each Baby Box but We do not make any guarantees about the number of Brand Products and / or Brand Offers contained in each Baby Box. 

2.2 We may include information from Our Brand Partners about the suitability of the Brand Products and/or Brands Offers featured in a Baby Box. We make no guarantees that a Baby Box, Brand Products and/or Brand Offers will be suitable for any particular age, be of a particular colour and/or of a particular theme and We will not be liable to You whatsoever in relation to the suitability of the Brand Products or the Brand Offers featured in a Baby Box. 

2.3 We are not the manufacturer of the Brand Products nor are We the brand offering the Brand Offers. To the extent permissible by law, We make no guarantees and provide no warranties and/or representations about the Brand Products or the Brand Offers. 

2.4 The Baby Boxes are intended for private consumer use and You must not resell the Baby Boxes, the Brand Products and/ or the Brand Offers. We will not be liable for any losses related to Your use of the Baby Boxes, Brand Products and/ or the Brand Offers in the course of a business such as, lost profits, loss of business or product liability losses.

3. BABY BOX ORDERING PROCESS

3.1 The Website displays Baby Boxes that are available to purchase either on a one off or a subscription basis. By advertising Baby Boxes on the Website, We are inviting You to place an Order with Us for a Baby Box or to sign up for a Subscription with Us. 

3.2 If You place an Order for a Baby Box or a Baby Box Subscription, We are not obliged to accept that Order. The Contract between You and Us will only be formed and completed upon actual despatch of the Baby Box to You or upon written acceptable from Us of Your Subscription. Neither submitting an electronic order form, nor completing the checkout process constitutes Our acceptance of Your Order. 

3.3 If, during the ordering process, You provide Us with incorrect or incomplete information, please contact Us as soon as possible. If We are unable to process Your Order due to incorrect or incomplete information, We will contact You to ask to correct it. If You do not provide Us with the information, We need within 14 days We reserve the right to cancel the Contract. We will not be responsible for any delays in You receiving a Baby Box where You have failed to give Us the information needed or requested.  

3.4 You acknowledge and understand that there are limited quantities of Baby Boxes available during each Release. These quantities are reasonably estimated but are in no way guaranteed. Exact quantities will vary. Subscription Boxes are processed first before individual Orders. If You are unsuccessful in purchasing a Baby Box or a Baby Box Subscription You will be invited to join the waitlist for the next Baby Box Release. Postage only Baby Box purchases are limited to one Baby Box, per household address, per each Release Frequency.

3.5 We are able to offer the Baby Boxes as a result of a great partnership with Our Brand Partners who partner with Us and offer the Brand Products and Brand Offers to Us to understand more about You, what products and offers You like and want and Your purchasing behaviours. When You purchase or Subscribe to Our Baby Boxes You will be given the option for Your data to be shared with Our carefully selected Brand Partners. If You confirm that You do wish to be contacted by Our Brand Partners, We will share your data. If You do not opt-in to hear from Our Brand Partners, Your information will not be shared. Further information on the way in which we collect and handle data can be found in Our privacy policy here: https://littlewishlist.com/privacy-policy. 

4. BABY BOX PRICE AND PAYMENT 

4.1 Prices for the Baby Boxes are as published on Our Website. Prices include VAT and are in pounds sterling. Delivery Fees are shown separately. All payments are taken via Stripe. Additional fees and terms and conditions may apply via Our payment providers; You acknowledge and agree that it is Your responsibility to ensure that You agree to these before purchasing. We reserve the right to use and add different payment methods from time to time. 

4.2 From time to time, we may enable you to purchase a Baby Box where you pay Delivery Fees only. Details of the applicable Delivery Fees will be set out on Our Website.  

4.3 All applicable Delivery Fees and regions of delivery are as stated on the Website. We reserve the right to amend Delivery Fees and prices at any time.

4.4 Offers and promotions on the Website are subject to availability and We may change or withdraw them at any time and without notice. Nothing shall oblige Us to maintain offers or promotions for any period. Additional terms may apply, details of which will be displayed.

4.5 We must receive payment for the Baby Boxes or the Subscription and any delivery charges in full cleared payment before they are despatched.

5. CANCELLATION 

5.1 You have a legal right to cancel the Contract without giving any reason within 14 days of the day after You receive the Baby Box. This right does not apply if the Baby Box contains: (1) Brand Products which are sealed for health or hygiene reasons and you have unsealed these Brand Products after receiving them; (2) Brand Products which are likely to deteriorate quickly, for example, food. 

5.2 You can cancel by contacting Us, including by sending Us an e-mail to hello@littlewishlist.com. You should keep evidence of having given notice of cancellation, such as an e-mail receipt. 

5.3 You must return the Baby Box to Us (at Your own risk and cost) within 28 days of notifying Us that You wish to cancel. We will not be responsible for any costs associated with returning the Baby Box to Us.

5.4 Baby Boxes must be returned to Our returns address (which will be provided to You by email), unused and in good condition with the original packaging. 

5.5 Within 14 days of receiving the returned Baby Box or proof of postage of the same, We will refund the full purchase price.

6. SUBSCRIPTION PROCESS

6.1 If made available to consumers by Us on Our Website, You may choose to enter into a Subscription with Us for the Baby Boxes in line with the Release Frequency or at the regularity chosen by You when purchasing the Subscription. Prices for Subscriptions are set out on Our Website. Prices include VAT and are in pounds sterling. Delivery charges are shown separately. All applicable delivery charges are as stated on the Website. We reserve the right to amend delivery charges and prices at any time.

6.2 We shall take payment for the Subscription from You in line with the Release Frequency or at the regularity chosen by You when purchasing the Subscription. Your chosen payment method will be charged prior to Your first Subscription Baby Box being despatched and thereafter will be charged at the regularity chosen by You. We reserve the right to attempt to retake any subscriptions payments which fail to be processed by Us. If Your subscription payment fails, We will notify You and We reserve the right to cancel Your Subscription. In the event that You have received a Baby Box as part of Your Subscription, and payment of the Subscription later fails to go through those sums will remain due and payable.  

6.3 All payments are taken via Stripe. Additional fees and terms and conditions may apply via Our payment providers; You acknowledge and agree that it is Your responsibility to ensure that You agree to these before purchasing. We reserve the right to use and add different payment methods from time to time. 

6.4 Your Subscription is continuous until You cancel. You may cancel Your Subscription at any time. No refund will be owed to You upon cancellation for any subscription fees already paid, unless You have subscribed but You have not yet received Your first Subscription Baby Box, in which case You may cancel up until 14 days after You Receive Your first Baby Box. If You cancel Your Subscription during this time clause 5 shall apply.

6.5 If We need to suspend or cancel availability of the Baby Boxes as part of Your Subscription We will inform You as soon as reasonably possible. You will not be charged while availability is suspended. 

7. DELIVERY

7.1 We aim to deliver the Baby Boxes within 10 Working Days or within the indicative timescales otherwise shown on Our Website. We deliver nationally across the British Isles. If delivery is not showing as available to You or You do not live in the British Isles, please contact hello@littlewishlist.com to discuss delivery options. 

7.2 Time is not of the essence for delivery or performance and all delivery dates specified in these terms and conditions and on Our Website and in any correspondence are estimates only. 

7.3 We will not be responsible if the Baby Boxes are delivered outside those times and We will not be liable for the consequences of any delay. If We are unable to deliver the Baby Boxes within the indicated timescale, We shall use reasonable efforts to tell You this by e-mail and give You an amended delivery estimate.

7.4 Ownership of the Baby Boxes will only pass to You upon delivery of the Baby Boxes. The Baby Boxes will be at Your risk from the time of delivery. 

8. RETURNS

8.1 If You believe that the Brand Products have a defect then You should not make any further use of them and contact Us at hello@littlewishlist.com. Your statutory rights will apply.

9. LIABILITY 

9.1 Nothing in the Contract or elsewhere will exclude or limit Our liability for death or personal injury caused by our negligence or any liability for fraudulent misrepresentation or fraud or liability that We are responsible for in relation to consumer protection rights or for any other matters, which it would be illegal for Us to exclude. Your statutory rights are not affected. 

9.2 To the extent possible by law, We are not responsible or liable to You whatsoever: (1)  for loss or damage of a kind that We could not reasonably have foreseen, which results from You misusing the Baby Boxes and/or the Baby Products or Baby Offers contained therein; or (2) in relation to the Brand Products and/ or the Brand Offers contained in the Brand Boxes, including any product liability claims and/or losses. 

10. GENERAL

The Contract between You and Us is binding. You may not transfer or assign Your rights or obligations to another person without Our express agreement. We may transfer or assign Our rights and obligations under the Contract or appoint third parties to assist Us in performing Our obligations at any time, provided that this will not reduce Our obligations to You. If you contact Us, including by emailing hello@littlewishlist.com, We will endeavour to contact you within 48 hours, but We provide no guarantees as to response times. We will not be in any way responsible to You for a failure to sell goods that You wish to buy or for a failure to comply with Our obligations as a result of any circumstances beyond Our reasonable control – including but not limited to any act of God, flood, fire, trade dispute, lack of third-party materials and services, or terrorist acts. All intellectual property rights in the Baby Boxes including all designs, trademarks, brand names, images and logos are and shall remain Our property, or those of Our Brand Partners. At no time shall any rights, title or interest in the intellectual property rights pass to You. These terms and conditions contain the whole agreement between Us and supersedes and replaces all previous agreements, arrangements and understandings (if any) between Us (whether written, oral or customary). Any failure by Us to enforce these terms and conditions shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions. Headings in these terms and conditions do not affect their interpretation. If a provision of these terms and conditions (or part of any provision) is found by any court or other authority of competent jurisdiction to be invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed not to form part of these terms and conditions, and the validity and enforceability of the other provisions of these terms and conditions shall not be affected. These terms and conditions 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) shall be governed by and construed in accordance with the law of England and the courts of England shall have exclusive jurisdiction to settle any dispute or claim arising under or in connection with them. 

Last updated: 18th April 2024