1              Introduction

1.1          These terms and conditions apply to Your purchase of any A Littles & Co goods(s) from Us on Our website.

1.2          Please read these terms and conditions and the documents referred to in these terms and conditions carefully. You will need to accept these terms and conditions before We will accept Your order.

1.3          We have tried to make these terms and conditions easy to understand but We do understand that You may feel uncertain about some sections when You read them. Our staff are here to help and will be more than happy to assist You with any query You may have. By visiting Our site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service, without notice. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. A Littles & Co. will accept no responsibility whatsoever for any issues raised as a result of a customer not having familiarized themselves with updated terms and conditions.

1.4          If You have a query about these terms and conditions or do not accept them, please Contact Us:

Postal address: A Littles & Co., 460 East Plaza Drive, Suite B, Mooresville, NC 28115

Website: www.alittlesandco.com

Our store is hosted by Magento Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

1.5          A copy of these terms and conditions and all other documents which apply to Your purchase of A Littles & Co good(s) are available for You to read on Our website.

2              Definitions and Interpretations

2.1          To make these terms and conditions easy to read We have defined some of the words. If a word begins with a capital letter then this means that the word has been defined. A list of the defined words is set out below:

"Contract" means any contract between You and Us for the sale and purchase of Goods incorporating these Terms and Conditions;

"Order Form" has the meaning set out in Clause 3.1;

"Goods" means the goods which are available for purchase on the Website;

"Terms and Conditions" means these terms and conditions of purchase together with Our privacy policy which You can access on the Website;

"We"/"Our"/"Us" means A Littles & Co, a company incorporated in Texas. Registered address is: 460 East Plaza Drive, Suite B, Mooresville, NC 28115.

"Website" means www.alittlesandco.com;

"You"/"Your" means you as Our customer.

3              Online Store Terms

By agreeing to these Terms of Service, you represent that you at least the age of majority in your state or province of residence, and you have given your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses, or any code of a destructive nature.

3              Opening an Account and Placing an Order

3.1          To purchase Good(s) on Our Website You will need to:

(a)           either (at Your option):

(i)             register for an account with Us (see Clause 3.2 below); or

(ii)           use the guest checkout function on the Website to place your order,

 and then

(b)           fill in and then submit the online order form specifying the Good(s) which You require (“Order Form”); and

(c)           You agree to accept:

(i)            the Website Terms of Use; and

(ii)           Our privacy policy.

You can find copies of these documents on the Website. These are important documents and You must read them carefully before You accept them.

Registering for an Account

3.2          To register for an account with Us, You must:

(a)           be over 18 years of age; and

(b)           complete a registration form for an account on the Website (which includes setting Your username and password which You will need once Your registration is complete to access and operate Your account with Us). We will confirm that Your registration for an account has been accepted by Us by e-mail.

3.3          You are responsible for ensuring that the information You provide to Us is correct and for ensuring that Your password and account details remain confidential to You.  We will not be responsible for any loss or damage which arises to You or to any other person as a result of Your failure to keep Your password and account secure. Please Contact Us if You become aware of or suspect any unauthorized use of Your account or password.

Acceptance of an Order

3.4          We will send You as soon as possible an email to the email address You have provided to Us confirming receipt of Your order, Your payment, Your order number and personal details (“Order Acknowledgement”).

3.5          You must ensure that You have filled in Your personal details on the Order Form correctly (especially the delivery address and the Good(s) which You require) otherwise We will not be able to send the correct Good(s) to You.

3.6          No order has been accepted by Us until We have sent You an Order Acknowledgement which states Your order number and have received payment from You. A Contract will be formed when We accept Your order in accordance with this Clause 3.6.

4              Inability for Us to fulfill Your order

4.1          If, for some reason, it is not possible for Us to provide You with some or all of the Good(s) which You have requested after We have sent You the Order Acknowledgement email pursuant to clause 3.6 then We will notify You by email and will refund You in full for those Goods You have paid for and which We cannot supply within 5 days of the date We notified You that we cannot provide the Goods.

5              Delivery

5.1          The Good(s) delivered to You will be delivered to the address which You specified on the Order Form.  

5.2          We will contact You with an estimated delivery date which will be as soon as reasonably possible and in any event within 30 days after the day on which we accept Your order. We aim to deliver any Good(s) in stock within 2-4 working days after the day on which We accept Your order. Please note, this is subject to change without warning.

5.3          If our supply of Goods is delayed by an event outside Our control then We will contact You as soon as possible to let You know and We will take steps to minimize the effect of the delay.  Provided We do this We will not be liable for delays caused by the event, but if there is a risk of substantial delay You may contact Us to end the contract and receive a refund for any Good(s) You have paid for but not received.

5.4          If no-one is available at Your address to take delivery and the Goods cannot be posted through Your letterbox, We will leave You a note informing You of how to rearrange delivery

5.5          The costs of delivery will be as displayed to You on Our Website.

5.6          Please note our Personalization services (including, but not limited to) Create Your Own, Personalized A Littles & Personalised Packaging) can take up to 3 working days which may affect Express Delivery options.

6              Price and Payment

6.1          The price of the Goods shall be Our current price as stated on the Website.  Any incorrect prices shall be void and of no effect and in respect of any orders placed for incorrectly priced Goods, the correct price as determined by Us shall be notified to You and, if You wish to continue with the order, substituted in place of the incorrect price.

6.2          Our prices exclude all taxes and duties which are payable by Our customers. This will be calculated at the basket point and is specific to the State of location and shipping. The final price You pay will include all taxes and duties.   Our prices exclude delivery charges.  Our delivery charges are set out on the Website.  Details of the delivery charges will also be confirmed at the point of submitting the Order Form.  Please note that the delivery charges vary depending on where the Good(s) are to be delivered and the particular Good(s) in question.

6.3          You may pay for the Goods using Your credit or debit card. We may offer Buy Now Pay Later (BNPL) payment options, such as Klarna or ClearPay. A Littles & Co. also offer ApplyPay, GPay and PayPal services. It is Your responsibility to review specific terms of use for these payment methods, and inform yourself of the consequences of delayed payments. A Littles & Co. will accept no responsibility (legal or otherwise) for any issues regarding payment using BNPL platforms under any circumstances.

6.4          We will ask You to enter Your chosen payment method and details when You complete the Order Form. By completing Your payment details You confirm that the method of payment being used belongs to You.

6.5          Your credit or debit card account (or alternative chosen payment method) will be debited with the cost of the Good(s) and any postage and packaging costs on submission of the Order Form.

6.6          All payments are subject to the approval of the financial institution issuing Your credit/debit card and credit verification, and We will not be responsible if the payment fails credit verification or if such financial institution or provider refuses to accept or honor the payment for any reason.  We may also report any suspicious transactions to the relevant authorities.  We may reject any order without giving any reason. Please note that it can take 2 to 3 days (excluding weekends and bank holidays) to process Your payment. We will tell You if We incur any issues obtaining approval for the payment. This may cause a delay in getting the Good(s) to You and We will not be able to accept Your order and send You the Good(s) until We have received authorization.

7              If there is a problem with the Good(s)

7.1          We are under a legal duty to supply Goods that are in conformity with this Contract.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please contact a Legal Adviser for more information. The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

•          Up to 30 days: if your goods are faulty, then you can get an immediate refund.
•          Up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
•          Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

A Littles & Co. will, wherever possible, comply with the above laws, providing evidence is provided to support your claim. We may offer you a partial refund, or Discount Code in some cases.

See also exercising your right to change your mind (below).

 7.2          If You wish to exercise Your legal rights to reject Goods (see clause 8 below) You must post them back to Us. Please contact us to arrange a return.

8              Cancellations

8.1          The following clauses do not affect Your rights of cancellation which exist under any local mandatory laws which apply in the country in which the Contract between You and Us was formed.

8.2          If You are a consumer (i.e. not buying the Good(s) in the course of Your business, trade or profession), then You may cancel Your Contract for the Goods:

(a)           If what You have bought is faulty or mis-described. You may have a legal right to end the Contract (or to get the Good(s) repaired or replaced or a service re-performed or to get some or all of Your money back;

(b)          if You want to end the Contract because of something We have done or have told You We are going to do, see clause 8.3;

(c)          If You have changed Your mind about the Goods, see clause 8.4. 

8.3          Ending the Contract because of something We have done or are going to do. If You are ending a contract for a reason set out at (a) to (d) below the Contract will end immediately and We will refund You in full for any Good(s) which have not been provided and You may also be entitled to compensation. The reasons are:

(a)        We have told You about an upcoming change to the Good(s) or these terms which You do not agree to;

(b)        We have told You about an error in the price or description of the Good(s) You have ordered and You do not wish to proceed;

(c)        There is a risk that supply of the Good(s) may be significantly delayed because of events outside Our control;

(d)        You have a legal right to end the Contract because of something We have done wrong (including because We have delivered late due to circumstances within our control).

8.4       Exercising Your right to change Your mind. You have a legal right to change Your mind within 14 days and receive a refund.  You have 14 days after the day You (or someone You nominate) receives the Good(s) to cancel the Contract. Your notice needs to reach Us before the cancellation period expires, otherwise we will be within our rights to refuse.

9              How to end the Contract with Us (including if you have changed your mind)

9.1        Tell Us You want to end the Contract. To end the Contract with Us, please let us know by doing one of the following: 

(a)         Contact us at [email protected] .Please provide Your name, home address, details of the order and, where available, Your phone number and email address.

(b)         Online. Complete the form in the Returns and Exchanges section in your Order History section of our Website. You must be a logged in member at the time of purchase for this option to be available.

(c)         By post. Write to Us at Our business address, including details of what You bought, when You ordered or received it and Your name and address. Your order number is also required here and will be available in your confirmation email, or in original paperwork. You should keep proof of postage.

9.2       Returning Good(s) after ending the Contract. If You end the Contract for any reason after Good(s) have been dispatched to You or You have received them, You must return them to Us.  You must post them back to us at A Littles & Co., 460 East Plaza Drive, Suite B, Mooresville, NC 28115. Please email Us at [email protected]  to inform us.  If You are exercising Your right to change Your mind You must send off the Good(s) within 14 days of telling Us you wish to end the Contract. All goods must be returned using Royal Mail 48hr Tracked delivery. In line with clause 9.3, returns made at a greater cost will not be covered by us.

9.3       When We will pay the costs of return. We will only pay the costs of return if the Good(s) are faulty or misdescribed;

(b)        if You are ending the Contract because We have told You of an upcoming change to the Good(s) or these terms, an error in pricing or description, a delay in delivery due to events outside Our control or because You have a legal right to do so as a result of something We have done wrong; or

(c)        if You are exercising Your right to change Your mind.

In all other circumstances, You must pay the costs of return.

9.4       How We will refund You. 

We will refund You the price You paid for the Good(s) excluding delivery costs, by the method You used for payment. However, We may make deductions from the price, as described below.

9.5        Deductions from refunds if You are exercising Your right to change Your mind. If You are exercising Your right to change Your mind:

(a)        We may reduce Your refund of the price (excluding delivery costs) to reflect any reduction in the value of the Good(s),if this has been caused by your handling them in a way that would not be permitted in a physical store. If We refund You the price paid before We are able to inspect the Good(s) and later discover You have handled them in an unacceptable way, You must pay Us an appropriate amount, as determined by Us.

(b)        The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer. For example, if We offer delivery of goods within 3-5 days at one cost but You choose to have the Good(s) delivered within 24 hours at a higher cost, then We will only refund what You would have paid for the cheaper delivery option.

9.6        When Your refund will be made.

We will make any refunds due to You as soon as possible. If You are exercising Your right to change Your mind then Your refund will be made within 14 days from the day on which We receive the Good(s) back from You to our Depot or, if earlier, the day on which You provide Us with evidence that You have sent the Good(s) back to Us. For information about how to return Good(s) to Us, see clause 9.2.

9.7         No such rights of cancellation (as set out in clause 8 above) applies if You are purchasing the Good(s) otherwise than as a consumer.

10          Ownership of and responsibility for Goods

10.1       All Goods ordered by You will remain Our property until We have delivered the Goods to the address stated in the Order Form in accordance with Clause 5.4.

10.2       Good(s) will become Your responsibility from the time that We deliver the Goods to the address You gave to Us.

11          Our Liability to You

11.1       These Terms and Conditions do not exclude or limit Our liability (if any) for:

(a)           death or personal injury exclusively caused by Our negligence;

(b)           fraud;

(c)           fraudulent misrepresentation; or

(d)           any matter which it would be illegal for Us to exclude or attempt to exclude Our liability.

11.2       We are only liable to You for losses which You suffer as a direct result of Our breach of these Terms and Conditions and which are reasonably foreseeable. We are not liable for any other losses.

11.3       We are not responsible to You for any business losses that You may incur, including but not limited to lost profits, lost revenues, business interruption or lost data.

11.4       You may have other rights granted by law in Your state of residence, and these Terms and Conditions do not affect these.

11.5       Whilst We will make every effort to fulfil orders, cancellations or variations may be necessary as a result of an Act of God, War, strike, lockout, labour dispute, fire, flood, drought or any other causes beyond Our control.  We have no responsibility for a failure to comply with these Terms and Conditions if that arises to a reason beyond Our control.

12           Personal Data About You

12.1       All personal data about You will be processed in accordance with Our privacy policy, which will be presented for Your review and acceptance before You submit any personal information to Us.  Further information on how personal data is processed by Us is available on our Privacy Policy

13           Gift-Packaging and Gift Messages

13.1       In some circumstances we may offer a free gift wrap and message option when You buy Goods on the Website.  If You use the gift message option, You acknowledge and agree that You are responsible for Your gift message and We accept no liability for any messages You submit via the gift message option.

13.2       We reserve the right to reject your message if it contains offensive language or is defamatory in nature at Our complete discretion.

14           Alternative Dispute Resolution

Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without You having to go to court. If You are not happy with how We have handled any complaint, You may want to contact an alternative dispute resolution provider.

15           General

15.1       In purchasing Good(s), You represent and agree that You are buying the Goods solely for Your personal use, and not for resale or commercial distribution.  We reserve the right to cancel the Contract if We have reason to believe that You are not buying the Goods solely for Your personal use.

16           Governing Law, Venue, and Dispute Resolution

16.1       All Contracts will be governed by American law, and where applicable, specific to your State of Purchase and Residence.

16.2       Any court proceedings must be taken at a court as specified in section 16.11.

16.3      We will at all times comply with any local mandatory laws and if there is an inconsistency between the local mandatory laws which apply to Our and Your Contract and the provisions of these Terms and Conditions, then the applicable local mandatory laws will prevail.

16.4       You may not transfer any of Your rights under the Contract to any other person.

16.5       We may transfer any of Our rights under the Contract to any person or ask any person to fulfil any aspect of it so long as the performance of the Contract is not affected.

16.6       Only You and Us have any rights under the Contract.  No other person shall have any rights under the Contract, unless explicitly stated above.

16.7       We may amend these Terms and Conditions from time to time.  In these circumstances, We will post the new Terms and Conditions on the Website.  You should not complete any further Order Forms if You do not accept any revisions We make to these Terms and Conditions. A copy of Our latest version of the Terms and Conditions can always be found on the Website or will be available on request from Us.

16.8       You may not use Our (or members of Our group’s) trademarks or intellectual property without Our prior written consent.

16.9     If You are a consumer then nothing in these Terms and Conditions will affect Your statutory rights.

16.10       The law applicable to the interpretation and construction of these Terms of Service and any transaction (including purchases made on this Site) using or related to the Site, shall be the Federal Arbitration Act, applicable federal laws, and the laws of the State of North Carolina, without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and the laws of the State of North Carolina

16.11       Any Action relating to the use of the Site or any transaction with A Littles & Co. must be brought in the state or federal courts located in Mooresville, North Carolina, for any lawsuit or court proceeding permitted under these Terms of Service. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action. Further conditions to this can be found in 16.12 and below.

16.12       By using this Site you unconditionally agree that, except as set forth below, all claims, controversies, or disputes between you and A Littles & Co or any affiliate (including any claim, controversy, or dispute between you and a third-party agent of A Littles & Co.) will be resolved entirely through binding arbitration, rather than in court, including, without limitation, such claims, controversies, or disputes relating to your access or use of the Site, any products or services purchased through the Site or stores. The sole exceptions to the foregoing requirement to arbitrate are that: (a) either party may assert individual claims in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and advances only on an individual basis (non-class, non-representative basis); and (b) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

16.13       BY AGREEING TO THESE TERMS OF SERVICE, YOU GIVE UP YOUR RIGHT TO SETTLE ANY DISPUTES WITH A LITTLES & CO IN COURT OF LAW OR BEFORE A JURY. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.

16.14       There is no judge or jury in arbitration, no class actions, and court review of an arbitration award is limited. An arbitrator, however, can award on an individual basis the same damages and relief as a court, including injunctive and declaratory relief or statutory damages, and must follow these Terms and Conditions as a court would.

16.15       You agree that the arbitration will be conducted by the American Arbitration Association ("AAA"), adr.org. To begin an arbitration proceeding, you may either (1) send a letter requesting arbitration and describing your claim to: A Littles & Co; or (2) contact the AAA and follow the appropriate procedures with the AAA to commence an arbitration. The AAA consumer rules for arbitration shall apply. The Arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement including, but not limited to, a claim that all or any part of this Agreement is void or voidable. Payment of all filing, administration, and arbitrator fees will be governed by the AAA's applicable consumer rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

16.16       As set forth above, we each agree to bring any dispute on an individual basis only, and not on a class, consolidated, representative, or collective action basis. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. Notwithstanding anything to the contrary in the foregoing or herein, the arbitrator may not issue a "public injunction" and any such "public injunction" may be awarded only by a federal or state court. If either party seeks a "public injunction," all other claims and prayers for relief must be adjudicated in arbitration first and any prayer or claim for a "public injunction" in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party's claim or prayer for "public injunctive relief." In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR A LITTLES & CO WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

17           Returns and Exchanges E-Vouchers

17.1         Valid for 1 year from date of issue.

17.2         User must have an A Littles & Co. account.

17.3         Voucher must be used in one transaction.

17.4         Cannot be used to pay delivery charges.

17.5         Only valid for the registered email address.

17.6         Can only be redeemed www.alittlesandco.com

17.7         Cannot be refunded. No cash value.

18           Goodwill E-Vouchers

 

18.1         In addition to the terms outlined in 16 Goodwill E-Vouchers are strictly onetime use and can not be returned, refunded or reissued.

19           Third Party Links

19.1         Certain content, products, and services are available via our Service and may include materials from third-parties.

19.2         Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

19.3         We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

20           Optional Tools

20.1         We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

20.2You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

20.3Any use by you of optional third-party tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

20.4We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

21           User Comments, Feedback & Other Submissions

21.1          If, at our request, you send certain specific submissions (for example contest entries) or without a request from Us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

21.2          We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

21.3          You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

21.4          We use Feefo as our Review platform, and the above Terms apply.

16 Returns and Exchanges E-Vouchers

16.1 Valid for 1 year from date of issue.

16.2 User must have an A Littles & Co account.

16.3 Voucher must be used in one transaction.

16.4 Cannot be used to pay delivery charges.

16.5 Only valid for the registered email address.

16.6 Can only be redeemed at www.alittlesandco.com.

16.7 Cannot be refunded. No cash value.

17 Goodwill E-Vouchers

17.1 In addition to the terms outlined in clause 16 Goodwill E-Vouchers are strictly onetime use and cannot be returned, refunded or reissued.

Personalized A Littles

Personalized Photo Cards