1. In General
1.1 Access and Use
Access to and use of this website and the products and services available through this website are subject to the following terms, conditions and notices. By using the Services you agree to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to be aware of any changes we may have made to the Terms of Service. Nothing in this contract excludes or affects your statutory rights.
1.2 Temporary Access
Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or the entire website.
1.3 Links to Other Websites
This website also contains links to other websites, which are not operated by baby esmée. baby esmée has no control over the linked sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the linked sites will be subject to the terms of use and service contained within each such site.
2. Privacy, Consent, and Communication
2.1 Privacy Commitment
Here at baby esmée we are dedicated to protecting the privacy of each and every one of our customers. We will not disclose any information regarding our customers or visitors to the site to any third parties apart from where it is part of providing a service to you – this includes arranging for a product to be sent to you, carrying out credit and other security checks, and for the purposes of customer research or when you have given us your permission to do so.
2.2 Consent
baby esmée will not provide or sell any of your personal details or any credit card information to third parties (excluding partners from whom you may have linked to our site) without your permission.
2.3 Communication & Marketing
If you have made a purchase from the website, we may occasionally update you on our latest products and offers via email. You will also be given the opportunity to receive such communications from us and selected third parties when you become a member of www.babyesmee.co.uk.
All baby esmée members have the option to unsubscribe from marketing communications. If you do not wish to continue to receive emails from us and/or selected third parties, you should opt out by clicking on the “unsubscribe” link in any email we send you. This will suspend your email notifications; however, you can sign up again if you wish to do so.
2.4 Cookies
If you have registered with baby esmée, your computer will store an identifying cookie that saves you time each time you revisit the website by remembering your email address. Cookies are small files stored on a user’s computer. They are designed to hold a small amount of data specific to a particular client and website and can be accessed either by the web server or the client computer. You can change your browser settings to prevent cookies from being stored on your computer without your explicit consent.
2.5 Protecting Your Security
We may use personal information provided by you to conduct appropriate anti‐fraud checks. The personal information you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. This is done only to confirm your identity – a credit check is not performed and your credit rating is unaffected.
2.6 Transfers of Your Information
The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA who work for baby esmée or one of our suppliers. Such processing may be required to fulfil your order, process your payment details, or provide support services.
Unfortunately, the transmission of information via the Internet is not completely secure. We will do our best to protect your personal data, but cannot guarantee the security of data transmitted to our site; any transmission is at your own risk. Once we receive your information, we will use strict procedures and security features to try to prevent unauthorised access.
2.7 Disclosures of Your Information
We may disclose your personal information to any of our group companies. We may also disclose your personal information to third parties:
- In the event that baby esmée sells or buys any business or assets;
- If baby esmée or substantially all of its assets are acquired by a third party, in which case personal data we hold about our customers may be one of the transferred assets; or
- If we are under a duty to disclose or share your personal data to comply with any legal obligation, or to enforce or apply our terms, or to protect the rights, property, or safety of baby esmée, our customers, or others. This includes exchanging information with other companies and organisations for fraud protection and credit risk reduction.
2.8 Third Party Sites
When shopping on babyesmee.co.uk, you may come across links to and from the websites of our partner networks and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for their content. Please check these policies before submitting any personal data to these websites.
2.9 Checking Your Details
If you wish to verify the details you have submitted to babyesmee.co.uk, you may do so by contacting us via the email or postal address given below. Our security procedures mean that we may request proof of identity before we reveal any information. This proof of identity will take the form of your email address and password submitted upon registration. You must keep this information safe, as you will be responsible for any action taken in response to a request from someone using your email and password. We recommend that you do not use your browser’s password memory function, as this may result in someone accessing your personal information.
2.10 Contacting Us
baby esmée (at the address below) is the data controller for the purpose of the Data Protection Act 1998 (the Act). You have the right to access the information which babyesmee.co.uk holds about you, and your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
We are always happy to hear from our customers and grateful for the time you spend providing us with feedback to ensure our customers are completely satisfied with our service. If you have any questions or feedback about this statement, or if you would like us to stop processing your information, please do not hesitate to contact a member of the baby esmée Customer Care team.
You can contact Customer Care at sales@babyesmee.co.uk.
3. Prohibitions
3.1 Misuse of the Website
You must not misuse this website. You will not commit or encourage a criminal offence; transmit or distribute a virus or any other material which is malicious, technologically harmful, in breach of confidence, or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material (commonly referred to as “spam”); or attempt to affect the performance or functionality of any computer facilities of or accessed through this website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. baby esmée will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of this website or downloading of any material posted on it, or on any website linked to it.
4. Intellectual Properties
4.1 Ownership of Content
The intellectual property rights in all software and content made available to you on or through this website remain the property of baby esmée and are protected by copyright laws and treaties. All such rights are reserved by baby esmée. You may store, print, and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute, or otherwise reproduce— in any format—any of the content or copies of the content supplied to you or which appears on this website, nor may you use any such content in connection with any business or commercial enterprise.
5. Terms of Sale
5.1 Orders and Offer
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
5.2 Dispatch Times
Dispatch times may vary according to availability, and any guarantees or representations made as to delivery times are limited to mainland UK and subject to delays resulting from postal delays or uncontrollable forces for which we will not be responsible. Please see our Delivery Charges notice for further information.
5.3 Orders and Import Duties
We accept orders from individuals in the UK, the European Economic Area (EEA), and worldwide. If you order products from our site for delivery outside the UK, they may be subject to import duties and taxes. We are not responsible for the payment of such duties and taxes.
By placing an order with us, you confirm that you are legally capable of entering into a binding contract, that you are at least 18 years old, and that you live in one of our serviced countries. We will not process an order until payment is received in full. Once an order has been processed, we are unable to amend it.
5.4 Order Refusal and Accuracy
baby esmée retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and confirm the identity of the party with which you have contracted—this will always be baby esmée. When placing an order, you undertake that all details provided are true and accurate, that you are an authorised user of the credit or debit card used, and that there are sufficient funds to cover the cost of the goods. All advertised prices are subject to change.
5.5 Our Contract
When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email is only an acknowledgement and does not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by email that the goods you ordered have been dispatched. Only the goods listed in the confirmation email sent at the time of dispatch will be included in the contract.
5.6 Pricing and Availability
While we strive to ensure that all details, descriptions, and prices on this website are accurate, errors may occur. If we discover an error in the price of any goods you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled. If you cancel after payment, you will receive a full refund.
All prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
5.7 Payment and Delivery
Upon receiving your order, we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to complete the transaction. Goods will not be dispatched until this check has been completed, and your card will be debited once the order is accepted.
All international currency rates displayed on this website are provided as a guide only and may not match the exact amount charged by your bank. The bank that issued your credit card determines the exact exchange rate, and you will always be charged in British Pounds on our website. Any customs fees, taxes, and duties are the sole responsibility of the customer.
Please ensure that all delivery information is correct, as we are unable to amend any details once your order has been dispatched. You must provide complete and accurate delivery address information, including the recipient’s name. We cannot be held liable for delivery to the wrong address or person due to incomplete or inaccurate information.
We will make every effort to deliver your order within the estimated timescales; however, we are not responsible for any delays or failures in delivery caused by events outside our control.
If you change the delivery method (for example, to one that does not require a signature or to have the parcel delivered to a neighbour), any issues arising from non-delivery will no longer be the responsibility of baby esmée. Any change of address must be authorised by baby esmée; if attempted via a delivery agent or any other method, baby esmée will not be held responsible for non-delivery.
5.8 Discount Codes & Competitions
Discount codes may be offered to account holders from time to time; such codes may only be applied to purchases made through the account for which the discount code was offered and registered.
We may also offer promotional discount codes applicable to all or certain specified purchases on this website. The conditions of use for any discount code will be specified at the time of issue. All discounts apply to full-price items only and can only be used once per household.
Promotion Terms and Conditions – 10% Off Site Launch – Code: ESMEE17
From time to time, we may offer promotion codes on the baby esmée website. Official baby esmée promo codes entitle you to an offer on your online order at babyesmee.co.uk. To use your promotion code, enter the code into the discount code box in your cart.
Each promo code is subject to specific terms and conditions specified at the time of issue (including the duration for which the code can be used), in addition to those mentioned in these Terms of Use. Only one promo code can be used per order. Promotion codes cannot be redeemed against postage charges unless stated.
A promo code cannot be applied to an order after it has been placed. If the promo code has expired, you will not be able to use it. Promotion codes can only be used on full-price items.
We are not responsible for providing a replacement if a promo code is lost or used by someone else, as this will result in the promo code being cancelled.
If a promo code cannot run properly due to fraud, tampering, technical errors, or any factors beyond our control that affect its administration, security, or fairness, we reserve the right to cancel, modify, or suspend the promo code.
Promotion codes can only be used once per transaction and cannot be combined with any other promotion or offer. They remain our property, are not transferable, and are not valid for the purchase of gift cards or gift vouchers. There is no cash alternative. Promotion codes and related offers are not available to baby esmée employees, and we reserve the right to withdraw them and refuse or restrict any order at any time.
We reserve the right to amend these terms and conditions at any time. The promoter is baby esmée.
General Terms and Conditions
- We reserve the right to refuse an order if the item you have ordered is unavailable or out of stock, if we are unable to obtain payment authorisation, if there is an error in the product information (including price or promotion), or if we suspect fraudulent activity.
- You must provide complete and accurate delivery address information, including the recipient’s name. We cannot be held liable for delivery to the wrong address or person due to incomplete or inaccurate information.
- We will make every effort to deliver your order within the estimated timescales; however, delays may occur due to unforeseen factors such as material shortages, transportation disruptions, technical failures, or higher than anticipated demand. Standard postcode restrictions apply.
- Where goods purchased using a discount are subsequently returned for a refund, any refund will take into account the discount, and an appropriate amount will be deducted.
- To the fullest extent permitted by law, we exclude any liability for any loss, damage, or injury occurring to you or any third party arising from this promotion.
- You must be aged 16 or over. If you are not, you must have the permission of a parent or guardian to participate in this promotion.
6. Disclaimer of Liability
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated otherwise, and to the fullest extent permitted by law, baby esmée and its suppliers, content providers, and advertisers expressly exclude all conditions, warranties, and other terms which might otherwise be implied by statute, common law, or the law of equity. They shall not be liable for any damages whatsoever—including direct, indirect, special, consequential, punitive, or incidental damages; damages for loss of use, profits, data or other intangibles; damage to goodwill or reputation; or the cost of procuring substitute goods and services—arising out of or related to the use, inability to use, performance, or failures of this website or any linked sites, regardless of whether such damages were foreseeable or arise in contract, tort, equity, restitution, statute, or otherwise. This does not affect baby esmée’s liability for death or personal injury caused by its negligence, or for fraudulent misrepresentation or any other liability that cannot be excluded or limited under applicable law.
7. Linking to This Website
You may link to our home page provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in such a way as to suggest any association, approval, or endorsement on our part where none exists. You must not establish a link from any website that you do not own. This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.
8. Disclaimer
Except where expressly stated otherwise, all names, images, third-party trademarks, and images of third-party products, services, and/or locations featured on this website are not associated, linked, or affiliated with baby esmée. You should not rely on the existence of any such connection or affiliation.
9. Indemnity
You agree to indemnify, defend, and hold harmless baby esmée, its directors, officers, employees, consultants, agents, and affiliates from any and all third-party claims, liabilities, damages, and/or costs (including legal fees) arising from your use of this website or your breach of these Terms of Service.
10. Variation
baby esmée reserves the right, in its absolute discretion and at any time without notice, to amend, remove, or vary the Services and/or any page of this website.
11. Invalidity
If any part of these Terms of Service is unenforceable (including any provision in which we exclude our liability to you), the enforceability of any other part will not be affected and all other clauses will remain in full force and effect. Where possible, if any clause or part of a clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles its original meaning as permitted by law.
12. Complaints
We operate a complaints handling procedure to try to resolve disputes when they first arise. Please let us know if you have any complaints or comments. Any complaint should be sent to sales@babyesmee.co.uk. We reserve the right to revise, change, or amend these terms and conditions to reflect changes in technology, payment methods, UK law, or for any other reason at our sole discretion.
13. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
14. Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England, and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
15. Entire Agreement
These Terms of Service constitute the entire agreement between you and baby esmée and supersede any and all preceding or contemporaneous agreements. Any waiver of any provision of these Terms of Service will only be effective if in writing and signed by a Director of baby esmée.
16. Returning Unwanted Items
You can return any unwanted item to us for a refund up to 30 days after purchase, provided it is in its original, unused condition and you, the consumer, have taken reasonable care of the goods while in your possession. Unfortunately, any items that are found to have stains on the garment cannot be exchanged or refunded unless they are faulty. We understand that you may wish to examine the goods as you would in a shop; however, we request that hygiene seals are not removed from garments and that shoes are only tried indoors. We recommend that you obtain and keep a copy of your proof of postage when returning items to us.
Please note that we cannot offer refunds on grooming products, pierced jewellery, or swimwear (if the hygiene seal has been removed) for health and hygiene reasons. This may not apply if your item is faulty or the product is of unsatisfactory quality. We do not cover the cost of return postage unless items are found to be faulty. If you have a query about a refund on an item you have purchased, please email sales@babyesmee.co.uk.
