TERMS AND CONDITIONS

C.W.F. Children Worldwide Fashion SAS is a French Company (“Société par Actions Simplifiée”) whose registered office is 6 rue de la Tisonnière - 85500 LES HERBIERS Cedex (France), and registered with the La Roche Sur Yon Trade and Companies Register under number 421 994 658, VAT No: FR 29 421 994 658 (hereinafter “CWF”).

To contact Customer Service, the Customer may use:

• The contact form under the “Contact Us” section;
• The phone number: +33 5 31 26 50 22 (toll-free), Monday–Friday, 9 a.m.–5 p.m.;
• The postal address:
  DPI – Kids Around Customer Service, 17 rue Henry le Châtelier – 81100 Castres, France
  DPI – Billieblush Customer Service, 17 rue Henry le Châtelier – 81100 Castres, France

These Terms and Conditions of Sale define the rights and obligations of the parties for the sale of goods and services to Customers of www.billieblush.com and www.kidsaround.com (the “Sites”).

The Customer’s attention is also drawn to the specific conditions concerning use of electronic gift cards and embroidery services described in Articles 12 and 13.

Definitions:

• “Customer”: any natural person placing an Order for goods or services on a Site.
• “Order”: the Customer’s commitment to purchase Products selected in accordance with these Terms.
• “Civil Code / Consumer Code”: French law applicable to consumer Orders placed on the Sites. For Customers residing in the UK, the equivalent laws of their country apply.
• “Products”: clothing, fashion accessories and shoes offered for sale on the Sites.
• “Services”: delivery, payment, embroidery and related services.

Repair services provided by third-party partners and second-hand resale services mentioned via the Sites are not covered by these Terms.

3.1. Customers may order Products and Services via the Sites.

3.2. By clicking “Place an Order”, the Customer declares full and unconditional acceptance of these Terms.

Customers browsing billieblush.com will be redirected to kidsaround.com to complete checkout.

CWF will confirm the Order by email and then its shipment. CWF may refuse an Order (in whole or in part) for legitimate reasons, including:

• Non-compliance with these Terms;
• Suspicion that the order is not intended for personal use (e.g., resale).

In such a case, the Customer will be notified as soon as possible.

Shipments cannot be cancelled once the Order is placed. To obtain a refund, the Customer must follow the free return procedure under Article 10.

3.3. Product prices, including VAT, are shown in Pounds on each Product page.

3.4. Payment incidents or failure to comply with these Terms may result in suspension of account access or refusal of additional Orders.

Abusive or abnormal returns may also lead the Site to refuse future Orders.

If a Product is unavailable, the Customer will be informed by email, either of partial shipment or Order cancellation.

It is specified that payment for Orders placed on the billieblush.com website will be made by the Customer via the kidsaround.com website, also published by CWF.

The price of the Products purchased is payable in cash, in full, on the day the Order is placed by the Customer. Payment for Products is made by means of a payment card.

The payment cards currently accepted are: CB, Visa, American Express, MasterCard and PayPal.

In accordance with current regulations and to ensure the security and confidentiality of card information, the Site does not store Customers' credit card information.

It is therefore the Customer's responsibility to save and print the payment certificate if he/she wishes to retain the transaction information.

For payment, CWF has adopted the SSL (Secure Socket Layer) encryption protocol and strengthened all scrambling and encryption methods to protect all sensitive data related to payment methods as effectively as possible.

CWF never has access to confidential information relating to the method of payment.

7.1. Place of delivery

Products will be sent to the delivery address that the Customer provides during the Order process.

It is stated that, for technical and logistical reasons, delivery is possible only:

• For orders placed on the kidsaround.com site: in mainland France (including Corsica) and Monaco, Belgium, Spain (including the Balearic Islands, excluding the Canary Islands, Ceuta and Melilla), Italy, Austria, Portugal, Romania, the United Kingdom (except Guernsey), Germany and the Netherlands.
• For orders placed on the billieblush.com site: only in mainland France (including Corsica) and Monaco, Belgium and Germany.

For logistical reasons, the Sites are not able to offer delivery in French overseas departments and territories (DROM-COM).

All deliveries are notified by email.

When an Order is shipped, the Customer is informed that an original invoice, including delivery charges and VAT, is available online on the relevant Site under “My Account”. Only Products actually shipped will be invoiced and charged for.

A delivery note will be included in the parcel, listing the Products actually contained in it.

If nobody is present to receive the parcel at the address specified by the Customer, a delivery notice will be left in the letterbox: the parcel can be collected from the Post Office within 10 days of this notice. If the parcel is delivered by a carrier, a delivery notice will also be left; the Customer must then contact the carrier to arrange a new delivery date.

If the Customer does not collect the parcel or does not contact the carrier, the parcel will be returned to CWF and the Customer will be refunded. The Customer may not request a new shipment of the Products and must place a new Order.

7.2. Delivery period

Delivery shall be made within 3 to 4 working days from the date of the Order. This period will be indicated in the Order summary and in the delivery tracking section on the relevant Site.

7.3. Delivery completed

Each delivery is considered completed as soon as the Product is made available to the Customer, as shown in the carrier's tracking system.

It is the Customer's responsibility to check the condition of packages on arrival and to make any reservations and complaints that appear justified, or even refuse the package. Such reservations and complaints must be communicated to the carrier within three working days of delivery, with a copy sent to the relevant Site (see “Contact Us” or Article 1 above).

7.4. Information on delivery terms

The Customer chooses the shipping method when placing an Order on the Site. The Customer can check the Order status at any time in the “My Account” section of the relevant Site.

Upon receipt of an Order, the Customer must check the conformity of the Products received in fulfilment of the Order.

In the event of any problem with the delivery (in particular: missing or damaged Products, damaged parcels) and in accordance with Article 7.3, the Customer must notify the Customer Service of the relevant Site immediately using one of the contact methods indicated in Article 1.

In case of non-conformity or defect of the Product delivered, the Customer may return it to the relevant Site. The Customer shall follow the procedure in the “Shipping and Returns” section on the Site.

The Customer will be refunded the Product price and any delivery costs within 15 days of actual receipt of the returned Product.

All conditions for returns are described in Article 10 below.

The Customer has the right to cancel the purchase and return the Product(s) delivered.

This right of withdrawal may be exercised within fourteen clear days from the date of receipt of the Products, by using the returns form. To access the returns form, the Customer must log in to “My Account” and then go to the “My Returns” section.

The Customer must then return the Products subject to cancellation within 14 days of informing the Site of his/her decision to cancel.

The Products must be returned in their original condition, in accordance with the conditions set out in Article 10.

Reimbursement will be made to the Customer using the same means of payment used by the Customer within fourteen days from receipt by the Site of the Customer's decision to cancel. This period may be extended until receipt of the Products by the Site.

In the case of a return, delivery costs will not be refunded.

In compliance with Article L.221-28 of the French Consumer Code, the Customer may not exercise the right of withdrawal for embroidered Products (see Article 12) or for the personalised message service available for gift cards (see Article 13).

If Customers encounter any difficulties, they may contact the relevant Site's Customer Service via the contact form in the “Contact Us” section or by calling the telephone number indicated in Article 1.

Any Products returned by post must be accompanied by a correctly completed return slip available in “My Account” and must be sent using the prepaid return label.

The Customer must satisfy the following conditions for returns to be accepted:

• Request a “return slip” on the Site by following these steps:
• Go to “My Account / My Returns” and click “Make a return request”;
• Select the relevant Order;
• Select the relevant Products and click “Submit request” to receive a return slip.

Products must be returned:

• Properly protected, in their original packaging, in perfect condition for resale (unspoiled, unwashed, not damaged or dirty) along with any accessories and documentation and with the label attached to the Product,
• Together with the return slip available in the “My Account / My Returns” section once the return request has been made,
• Without the Product having been used for any significant period of time (beyond a few minutes), i.e. the Product must not bear signs of prolonged use exceeding the time necessary to try it on/test it and must be in a condition suitable for resale,
• In a package on which the Customer affixes the prepaid return label provided by the Site and sent by email, following Colissimo’s recommendations.

Please note that any Product not purchased on the Sites (in particular in Kids Around stores or on a Billieblush or Kids Around partner site) cannot be returned via the Sites.

11.1. Legal guarantee reminder

All Products on the Sites benefit from the legal guarantee of conformity (Articles L217-3 et seq. of the French Consumer Code) and the legal guarantee against hidden defects (Articles 1641 et seq. of the French Civil Code), allowing the Customer to return defective or non-compliant Products, provided they have been used normally and care instructions have been followed.

The Site undertakes to refund the Customer the price of the Product in the event of delivery of a non-conforming Product or in the event of delivery of a Product with a latent defect.

For any such request, the Customer must contact Customer Service via the “My Account / Contact Us” section of the relevant Site.

The Customer may also contact Customer Service by telephone as indicated in Article 1.

For the return of Products that are non-conforming or have a latent defect, the Customer must comply with the notification and return procedures described in Articles 8 and 10 above.

11.2. Guarantee disclaimer

Any Products that have been modified, repaired, integrated, or added by the Customer are excluded from the guarantee. The guarantee does not cover apparent defects. The guarantee does not cover Products damaged during transport due to failure to comply with care instructions or due to misuse.

11.3. Statutory wording

“A consumer has a period of two years from the date of delivery of the goods in which to obtain implementation of the statutory warranty of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared. The statutory warranty of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods. The statutory warranty of conformity entitles the consumer to have the goods repaired or replaced within thirty days of their request, at no cost and without any significant inconvenience for them. If the goods are repaired under the statutory warranty of conformity, the consumer will benefit from a six-month extension of the initial warranty period. If the consumer asks for the goods to be repaired but the seller insists on replacing them, the statutory warranty of conformity will be renewed for a period of two years from the date of replacement of the goods. The consumer may either obtain a reduction in the purchase price and keep the goods or terminate the contract with a full refund in exchange for the return of the goods, if: (1) The professional refuses to repair or replace the goods; (2) The repair or replacement of the goods takes place after a period of thirty days; (3) The repair or replacement of the goods causes significant inconvenience for the consumer, in particular where the consumer definitively bears the cost of the return or removal of the non-conforming goods, or bears the cost of installing repaired or replacement goods; (4) Non-conformity of the goods persists despite the seller's unsuccessful attempt to achieve conformity. The consumer is also entitled to a price reduction or to terminate the contract if the lack of conformity is so serious that it justifies an immediate price reduction or immediate termination of the contract. In that case, the consumer is not required to first request the repair or replacement of the goods. The consumer is not entitled to cancel the sale if the lack of conformity is minor. Any period during which the goods are out of use for repair or replacement will suspend the remaining warranty period until such time as the goods are returned in good working order. The above rights result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code. A seller who acts in bad faith to impede implementation of the statutory warranty of conformity shall be liable for a civil fine of up to 300,000 euros, which may be increased to a maximum of 10% of the average annual turnover (Article L. 241-5 of the French Consumer Code). The consumer also benefits from the statutory warranty against latent defects in application of Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This warranty entitles the consumer to a price reduction if they keep the goods or to a full refund upon return of the goods.”

12.1 By choosing the embroidered option, an additional cost is added to the initial sale price. The price of the embroidery is indicated on the Product sheet with the option available.

12.2 The delivery time for embroidered products is extended by three (3) days compared with the delivery time indicated in Article 7.2.

12.3 As indicated in Article 9, embroidered products cannot be subject to the right of withdrawal. No refund or exchange can be made on these embroidered products, except in cases falling within the scope of Article 11.

12.4 The embroidery option may be interrupted, without prior notification, if the embroiderer is unavailable.

13.1 CWF is committed to maintaining the confidentiality of personal data provided by the Customer on the Site and to treat it in compliance with the Data Protection regulation.

13.2 CWF informs the Customer that the data will be used by its internal departments and/or those of its affiliates and/or by the shops operated under the Kids Around and/or by the Site's technical service providers:

• To inform the Customer about news and upcoming events by sending information e-mails, postal mail, or text messages,
• To process the Customer's Order,
• To develop and customise communication including sending newsletters, special offers (including contests, games, and such like) and special e-mails as part of Site customisation based on the Customer's stated preferences,
• To collect feedback following an Order in order to assess Customer satisfaction regarding the products and services offered on the Sites.

13.3 CWF informs the Customer that it may also communicate his/her personal data to ensure delivery of Orders by the Site's service providers, for some aspects of customer service, and to carry out customer satisfaction surveys. In addition, the Site may also transfer this information to respond to an order from the judicial or administrative authorities.

13.4 In addition, in accordance with the Protection of Personal Data, the Customer may at any time exercise his/her right of access to the file, right of objection and right to correct or delete information on him/her by sending a request (indicating his/her e-mail address, name, and postal address):

• In the "Contact" section of the Site, or
• By post to the following address:
  DPI - Service Client Kids Around - 17 rue Henry le Châtelier - 81100 Castres FRANCE, or
  DPI - Service Client Billieblush - 17 rue Henry le Châtelier - 81100 Castres FRANCE

The Customer may object to marketing messages by using the unsubscribe links included in the marketing emails and text messages sent by CWF, or by going to the “My Account” section of the Site.

CWF has a Data Protection Officer (DPO) whom the Customer may contact by email at contact.dpo@cwf.fr (other than in order to exercise those rights that should be exercised by contacting Billieblush and Kids Around Customer Services at the address indicated above).

The Customer also has the right to submit a complaint to the Information Commissioner's Office (ICO), namely by visiting its website: www.ico.org.uk.

CWF will not be liable for total or partial non-performance of its obligations under this contract if such non-performance is attributable to the Customer or due to a case of force majeure (Article 1218 of the Civil Code).

When performance is interrupted for more than 1 (one) month due to force majeure, the parties shall be released from their obligations towards each other.

CWF reserves the right to change the current Terms and Conditions of Sale at any time. The version of the Terms and Conditions of Sale in force and applicable on the date of each Order appears in the "Terms and Conditions of Sale" section of the Site.

In the event that any of the provisions of the General Terms and Conditions of Sale are deemed illegal or unenforceable by a court decision, the remaining provisions will remain in effect.

The French language Terms and Conditions of Sale shall be executed and interpreted according to French law.

However, the choice of French law cannot deprive a Customer who is a consumer residing outside France of the benefit of mandatory statutory consumer protection provisions in the country in which the Customer has their habitual residence, provided that CWF operates in or sells to that country.

In case of dispute, the Customer should first contact the Site to obtain an amicable solution.

In the event of legal proceedings, the courts of the consumer's place of residence will have sole jurisdiction.

We remind you that the Customer Services number is +44 80 81 89 23 51 (Freephone number).