Terms And Conditions
This agreement applies as between you, the User of this Website and Bella Freud Limited, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
Definitions and Interpretation - In this Agreement the following terms shall have the following meanings:
means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
means any third party responsible for transporting purchased Goods from our Premises to customers;
means any trademark, text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
means any products that Bella Freud Limited advertises and / or makes available for sale through this Website;
“Bella Freud Limited”
means Bella Freud Limited Unit 23, The Tay Building, 2a Wrentham Avenue, London, NW10 3HA;
means collectively any online facilities, tools, services or information that Bella Freud Limited makes available through the Website either now or in the future;
means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
Means our place(s) of business located at Unit 23, The Tay Building, 2a Wrentham Avenue, London, NW10 3HA;
means any online communications infrastructure that Bella Freud Limited makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users”
means any third party that accesses the Website and is not employed by Bella Freud Limited and acting in the course of their employment; and
means the website that you are currently using (www.bellafreud.com) and any sub-domains of this site (e.g. subdomain www.bellafreud.com/contact) unless expressly excluded by their own terms and conditions.
Age Restrictions - Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
Business Customers - These Terms and Conditions also apply to customers buying Goods in the course of business.
International Customers - If Goods are being ordered from outside Bella Freud Limited’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Bella Freud Limited is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Bella Freud Limited cannot guarantee that the packaging of your Goods will be free of signs of tampering.
Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to trademark, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Bella Freud Limited, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Bella Freud Limited.
Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Fair Use of Intellectual Property - Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
This Website may contain links to other sites - Unless expressly stated, these sites are not under the control of Bella Freud Limited or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site bellafreud.co.uk without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Bella Freud Limited. To find out more please contact us by email at [email protected]
Use of Communications Facilities
When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
You must not use obscene or vulgar language;
You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
You must not submit Content that is intended to promote or incite violence;
It is advised that submissions are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
You must not impersonate other people, particularly employees and representatives of Bella Freud Limited or our affiliates; and
You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
You acknowledge that Bella Freud Limited reserves the right to monitor any and all communications made to us or using our System.
You acknowledge that Bella Freud Limited may retain copies of any and all communications made to us or using our System.
You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
In order to purchase Goods on this Website and to use the enquiry form facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
all information you submit is accurate and truthful;
you have permission to submit Payment Information where permission may be required; and
you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password. Bella Freud Limited accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
If you have reason to believe that your Account details have been obtained by another without consent, you should contact Bella Freud Limited immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Bella Freud Limited accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
Termination and Cancellation
Either Bella Freud Limited or you may terminate your Account. If Bella Freud Limited terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
If Bella Freud Limited terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
Bella Freud Limited reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
Goods, Pricing and Availability
Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Bella Freud Limited correspond to the actual Goods, Bella Freud Limited is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.
Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
Bella Freud Limited does not represent or warrant that such Goods will be available. Stock indications are not provided on the Website.
All pricing information on the Website is correct at the time of going online. Bella Freud Limited reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
In the event that prices are changed during the period between an order being placed for Goods and Bella Freud Limited processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
All prices on the Website do include VAT. Bella Freud Limited’s VAT number is GB 752271148.
Bella Freud Limited will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you. Goods are dispatched during office hours, Monday to Friday excluding bank holidays and weekends.
If Bella Freud Limited receives no communication from you, within 14 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
Returns Policy - Bella Freud Limited aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 14 days to arrange collection and return. Bella Freud Limited is responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
If any Goods you have purchased have faults when they are delivered to you, you should contact Bella Freud Limited within 14 days to arrange collection and return. Bella Freud Limited is responsible for paying shipment costs. Goods must be returned in their original condition with all packaging, tags and security seal and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
If any Goods develop faults within their 3 month warranty period, you are entitled to a repair or replacement under the terms of that warranty.
If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Bella Freud Limited within 10 days and arrange collection and return of the goods with all relevant packaging, tags and security seal. Bella Freud Limited is responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 14 days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to Bella Freud Limited within 14 days of receipt. You are responsible for paying shipment costs if Goods are returned for this reason.
If you wish to return Goods to Bella Freud Limited for any of the above reasons, please contact us using the details on www.bellafreud.com/contact-us to make the appropriate arrangemen
Bella Freud Limited reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
Any use or enjoyment that you may have already had out of the Goods;
Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
|COOKIE name||COOKIE Description|
|CART||The association with your shopping cart.|
|CATEGORY_INFO||Stores the category info on the page, that allows to display pages more quickly.|
|COMPARE||The items that you have in the Compare Products list.|
|CURRENCY||Your preferred currency|
|CUSTOMER||An encrypted version of your customer id with the store.|
|CUSTOMER_AUTH||An indicator if you are currently logged into the store.|
|CUSTOMER_INFO||An encrypted version of the customer group you belong to.|
|CUSTOMER_SEGMENT_IDS||Stores the Customer Segment ID|
|EXTERNAL_NO_CACHE||A flag, which indicates whether caching is disabled or not.|
|FRONTEND||You sesssion ID on the server.|
|GUEST-VIEW||Allows guests to edit their orders.|
|LAST_CATEGORY||The last category you visited.|
|LAST_PRODUCT||The most recent product you have viewed.|
|NEWMESSAGE||Indicates whether a new message has been received.|
|NO_CACHE||Indicates whether it is allowed to use cache.|
|PERSISTENT_SHOPPING_CART||A link to information about your cart and viewing history if you have asked the site.|
|POLL||The ID of any polls you have recently voted in.|
|POLLN||Information on what polls you have voted on.|
|RECENTLYCOMPARED||The items that you have recently compared.|
|STF||Information on products you have emailed to friends.|
|STORE||The store view or language you have selected.|
|VIEWED_PRODUCT_IDS||The products that you have recently viewed.|
|WISHLIST||An encrypted list of products added to your Wishlist.|
|WISHLIST_CNT||The number of items in your Wishlist.|
|PHPSESSID||Store identifier for your current visit|
If you wish to opt-out of our placing cookies onto your computer or device, please adjust your internet browser’s settings to restrict cookies as detailed in your internet browser’s help menu. You may also wish to delete cookies which have already been placed. For instructions on how to do this, please consult your internet browser’s help menu.
Bella Freud Limited makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
No part of this Website is intended to constitute a contractual offer capable of acceptance.
Whilst Bella Freud Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
Changes to the Service and these Terms and Conditions
Bella Freud Limited reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Bella Freud Limited is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Availability of the Website
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Bella Freud Limited accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Limitation of Liability
To the maximum extent permitted by law, Bella Freud Limited accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
Nothing in these Terms and Conditions excludes or restricts Bella Freud Limited’s liability for death or personal injury resulting from any negligence or fraud on the part of Bella Freud Limited.
Nothing in these Terms and Conditions excludes or restricts Bella Freud Limited’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.
Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Bella Freud Limited.
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [email protected] Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
Bella Freud Limited may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
Law and Jurisdiction
These Terms and Conditions and the relationship between you and Bella Freud Limited shall be governed by and construed in accordance with the Law of England and Wales and Bella Freud Limited and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
Data Protection Policy
This document sets out the obligations of Bella Freud (“the Company”) with regard to data protection and the rights of people with whom it works in respect of their personal data under the Data Protection Act 1998 (“the Act”).
This Policy shall set out procedures which are to be followed when dealing with personal data. The procedures set out herein must be followed by the Company, its employees, contractors, agents, consultants, partners or other parties working on behalf of the Company.
The Company views the correct and lawful handling of personal data as key to its success and dealings with third parties. The Company shall ensure that it handles all personal data correctly and lawfully.
The Data Protection Principles
This Policy aims to ensure compliance with the Act. The Act sets out eight principles with which any party handling personal data must comply. All personal data:
Must be processed fairly and lawfully (and shall not be processed unless certain conditions are met);
Must be obtained only for specified and lawful purposes and shall not be processed in any manner which is incompatible with those purposes;
Must be adequate, relevant and not excessive with respect to the purposes for which it is processed;
Must be accurate and, where appropriate, kept up-to-date;
Must be kept for no longer than is necessary in light of the purpose(s) for which it is processed;
Must be processed in accordance with the rights of data subjects under the Act;
Must be protected against unauthorised or unlawful processing, accidental loss, destruction or damage through appropriate technical and organisational measures; and
Must not be transferred to a country or territory outside of the European Economic Area unless that country or territory ensures an adequate level of protection for the rights and freedoms of data subjects in relation to the processing of personal data.
Rights of Data Subjects
Under the Act, data subjects have the following rights:
The right to be informed that their personal data is being processed;
The right to access any of their personal data held by the Company within 40 days of making a request;
The right to prevent the processing of their personal data in limited circumstances; and
The right to rectify, block, erase or destroy incorrect personal data.
Personal data is defined by the Act as data which relates to a living individual who can be identified from that data or from that data and other information which is in the possession of, or is likely to come into the possession of, the data controller, and includes any expression of opinion about the individual and any indication of the intentions of the data controller or any other person in respect of the individual.
The Act also defines “sensitive personal data” as personal data relating to the racial or ethnic origin of the data subject; their political opinions; their religious (or similar) beliefs; trade union membership; their physical or mental health condition; their sexual life; the commission or alleged commission by them of any offence; or any proceedings for any offence committed or alleged to have been committed by them, the disposal of such proceedings or the sentence of any court in such proceedings.
The Company only holds personal data which is directly relevant to its dealings with a given data subject. That data will be held and processed in accordance with the data protection principles and with this Policy.
Prcessing Personal Data
Any and all personal data collected by the Company (including that detailed in Section 4 of this Policy) is collected in order to ensure that the Company can facilitate efficient transactions with third parties including, but not limited to, its customers, partners, associates and affiliates and efficiently manage its employees, contractors, agents and consultants. Personal data shall also be used by the Company in meeting any and all relevant obligations imposed by law.
Personal data may be disclosed within the Company. Personal data may be passed from one department to another in accordance with the data protection principles and this Policy. Under no circumstances will personal data be passed to any department or any individual within the Company that does not reasonably require access to that personal data with respect to the purpose(s) for which it was collected and is being processed.
The Company shall ensure that:
All personal data collected and processed for and on behalf of the Company by any party is collected and processed fairly and lawfully;
Data subjects are made fully aware of the reasons for the collection of personal data and are given details of the purpose for which the data will be used;
Personal data is only collected to the extent that is necessary to fulfil the stated purpose(s);
All personal data is accurate at the time of collection and kept accurate and up-to-date while it is being held and / or processed;
No personal data is held for any longer than necessary in light of the stated purpose(s);
All personal data is held in a safe and secure manner, taking all appropriate technical and organisational measures to protect the data;
All personal data is transferred using secure means, electronically or otherwise;
No personal data is transferred outside of the UK or EEA (as appropriate) without first ensuring that appropriate safeguards are in place in the destination country or territory; and
All data subjects can exercise their rights set out above in Section 3 and more fully in the Act.
Data Protection Procedures
The Company shall ensure that all of its employees, contractors, agents, consultants, partners or other parties working on behalf of the Company comply with the following when processing and / or transmitting personal data:
All emails containing personal data must be encrypted;
Personal data may be transmitted over secure networks only – transmission over unsecured networks is not permitted in any circumstances;
Personal data may not be transmitted over a wireless network if there is a wired alternative that is reasonably practicable;
Personal data contained in the body of an email, whether sent or received, should be copied from the body of that email and stored securely. The email itself should be deleted. All temporary files associated therewith should also be deleted;
Where Personal data is to be sent by facsimile transmission the recipient should be informed in advance of the transmission and should be waiting by the fax machine to receive the data;
Where Personal data is to be transferred in hardcopy form it should be passed directly to the recipient. Using an intermediary is not permitted;
All hardcopies of personal data should be stored securely in a locked box, drawer, cabinet or similar;
All electronic copies of personal data should be stored securely using passwords and suitable data encryption, where possible on a drive or server which cannot be accessed via the internet; and
All passwords used to protect personal data should be changed regularly and should not use words or phrases which can be easily guessed or otherwise compromised.
The Company shall ensure that the following measures are taken with respect to the collection, holding and processing of personal data:
A designated officer (“the Designated Officer”) within the Company shall be appointed with the specific responsibility of overseeing data protection and ensuring compliance with the Act.
All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company are made fully aware of both their individual responsibilities and the Company’s responsibilities under the Act and shall be furnished with a copy of this Policy.
All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data will be appropriately trained to do so.
All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data will be appropriately supervised.
Methods of collecting, holding and processing personal data shall be regularly evaluated and reviewed.
The Performance of those employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data shall be regularly evaluated and reviewed.
All employees, contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data will be bound to do so in accordance with the principles of the Act and this Policy by contract. Failure by any employee to comply with the principles or this Policy shall constitute a disciplinary offence. Failure by any contractor, agent, consultant, partner or other party to comply with the principles or this Policy shall constitute a breach of contract. In all cases, failure to comply with the principles or this Policy may also constitute a criminal offence under the Act.
All contractors, agents, consultants, partners or other parties working on behalf of the Company handling personal data must ensure that any and all of their employees who are involved in the processing of personal data are held to the same conditions as those relevant employees of the Company arising out of this Policy and the Act.
Where any contractor, agent, consultant, partner or other party working on behalf of the Company handling personal data fails in their obligations under this Policy that party shall indemnify and hold harmless the Company against any costs, liability, damages, loss, claims or proceedings which may arise out of that failure
Access by Data Subjects
A data subject may make a subject access request (“SAR”) at any time to see the information which the Company holds about them.
SARs must be made in writing, accompanied by the correct fee.
The Company currently requires a fee of £10 (the statutory maximum) with all SARs. [A fee of £2 shall be required for access to a credit file.]
Upon receipt of a SAR the Company shall have a maximum period of 40 days within which to respond. The following information will be provided to the data subject:
Whether or not the Company holds any personal data on the data subject;
TA description of any personal data held on the data subject;
Details of what that personal data is used for;
Details of any third-party organisations that personal data is passed to; and
Details of any technical terminology or codes.
Notification to the Information Commissioner’s Office
As a data controller, the Company is required to notify the Information Commissioner’s Office that it is processing personal data. The Company is registered in the register of data controllers.
Data controllers must renew their notification with the Information Commissioner’s Office on an annual basis. Failure to notify constitutes a criminal offence.
Any changes to the register must be notified to the Information Commissioner’s Office within 28 days of taking place.
The Designated Officer shall be responsible for notifying and updating the Information Commissioner’s Office.
Implementation of Policy
This Policy shall be deemed effective as of 04/02/2014. No part of this Policy shall have retroactive effect and shall thus apply only to matters occurring on or after this date.