We Are Toddler Terms & Conditions
These terms set out the legal context that applies to the use of our website and the services provided. We will not send copies of the contracts between us and you relating to our supply of services, or between you and the partners associated to wearetoddler.com, in relation to the sale of products. So we recommend saving a copy of these Terms and Conditions for your records (please note that we may adjust these Terms and Conditions occasionally so please check the Website on a regular basis, and each time you use our services to order products, make sure you understand the legal terms which apply at the time).
About who we are
We are Toddler Portugal Lda - and operate the Website wearetoddler.com. We are a private company registered in Portugal and our register office is Travessa da Tellheira 294, 4445 – 594 Perafita Portugal and our VAT number is PT513 630910, we provide services to you through the Website. It is important you understand when you acquire products using the Website, you are obtaining them from a third party retailers "partners” named on the Website. Consequently the contract for the acquisition of the products is between you and the related Partner. We are certified by the related Partner to complete the contract on their behalf but we are not a party to that contract and you are not acquiring the products from us. Below are details about the products, the Partners and the contract between you and the Partners in relation to your buy.
The services we offer permit you to search through the Website and acquire products from a number of Partners. As part of the services, we also provide the delivery of products and provide you with customer service assistance. Nevertheless, as indicated above, the contract for the acquisition of the products is between you and the Partner. This means that it is the Partner (not us) who is legally responsible for selling the products.
In order to use the Services you must be over 18 years of age.
Our responsibility in relation to the Services
We are not responsible for any loss or damage that is not predictable although we do not in any way exclude or limit our legal responsibility for: fraud or fraudulent misrepresentation, or any other responsibility which cannot be limited by law.
We attempt to be as accurate as possible in the description of the products. However, we cannot guarantee that all descriptions are totally accurate, complete, reliable or error-free. The images of the products on the Website are for illustrative purposes only. Although we attempt to display the colours accurately, we cannot guarantee that your computer's display of the colours, accurately reflect the colour of the products.
We do not consent Partners to offer damaged products or products of lower quality than the corresponding market standards for sale on the Website. If products you have ordered are not as described, damaged or of a lower quality than the corresponding market standards, you can return them to us and we will coordinate with the Partner on your behalf, in such circumstance you will receive a full refund of the price of the defective product, any related delivery charges and any reasonable costs you suffer in returning the products (we will point out you whether the products will be collected from you or whether you need to arrange for them to be returned).
As a consumer, you have legal rights in relation to products that are damaged or not as described. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards office. Nothing in these Terms and Conditions will affect these legal rights.
The products sold by the Partners are supplied for your domestic and private use only. You agree that you will not use the products for any commercial, business or re-sale purposes. Neither we nor the Partners have any responsibility to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We request that all Partners using the Website have and maintain reasonable business policies which observe with our business policies. We cannot, however, be responsible for the Partners business policies. If you are unhappy with the product or service you have received from a Partner, you should contact us and we will coordinate with the relevant Partners on your behalf to try and resolve the issue.
Orders, prices and payment
By completing the check-out process and placing an order, you are offering to purchase the products from the relevant Partners (and not directly from us). Your product orders is subject to these Terms and Conditions which are integrated into the contract between you and the relevant Partner. All orders are subject to availability and confirmation of the order price.
As stated above to order products you must be over 18 years of age and possess a valid credit or debit card. Acceptable payment methods: PayPal, Visa, MasterCard, American Express.
The Website allows you to check your order and correct any errors before sending it. Please take the time to read and check your order at each page of the order process as you are responsible for ensuring that the information you provide is accurate (for example, the correct products, quantities, size, colour, etc.).
a) Contract between you and the Partners.
The identity of the Partners is shown on the product page of the relevant products, in your basket when the products are added and on the order confirmation page when you place an order.
When you place an order, you will receive an acknowledgement email confirming receipt of your order. This email is only a validation for information purposes and it does not constitute acceptance of your order by the Partner. The contract between you and the Partner in relation to the products will not be formed until we have checked that the Partner accepts your order. If the Partner accepts your order, we will send you an email confirming this. This confirmation email will include a description of the products included in the order and other information about your rights to cancel the contract between you and the Partner.
b) Price and availability
Although we try and ensure that all details, descriptions and prices that appear on the Website are accurate, as this information is provided to us by the Partner, there may be cases where errors occur. If we discover an error in the price of any products that you have ordered, we will inform you as soon as possible and, acting on behalf of the Partner, give you the option of reconfirming your order at the correct price or cancel it. If we are unable to contact you, your order will be treated as cancelled. If you cancel and you have already paid for the products, you will receive a full refund.
If you are viewing the Website from a country in Europe, the prices presented on the Website for products from Partner are inclusive of VAT. Delivery costs are not included in the prices and will be charged in addition. The delivery costs will vary depending on the products that you have ordered and your delivery address.
Depending on your delivery address, different taxation rules and additional charges may apply. If you are shipping items from a Partner outside of your territory, you may need to pay import duties upon receipt of the products. We will notify you during the checkout process if import duties are included or you may have to pay them upon receipt of the products. If they are not included, neither we nor the Partners have any control over these charges and we cannot predict their amount. You will be responsible for payment of any such import duties and taxes that are not included. Please contact your local customs office for further information before placing your order.
Please note that in the event you return an item, the import duties will be refunded only if they were originally included in the purchase price. If they were not included then you will be responsible for reclaiming duty directly from your local customs office.
When you submit your order, we carry out a standard pre-authorisation check on your payment card on behalf of our Partners. Products will not be dispatched until this pre-authorisation payment has been completed.
Once we have verified your payment details and the Partner has accepted and approved your order for delivery, we will send you an email to inform you of this. In the unlikely event that we or the Partner encounter a problem when processing your order, we will email you explaining the problem and possibly requesting further information to try and solve the problem.
We reserve the right not to submit your order to the Partner, and the Partner reserves the right not to accept your order if, for example, the product ordered is out of stock, has been withdrawn or is otherwise not available, or if we are unable to obtain authorisation for your payment.
The estimated delivery date of the products will be stated in your order confirmation. We will try to confirm that your order is delivered by this date but there may be circumstances where delivery is delayed because of events beyond our reasonable control, if this happens, we will try and arrange for your products to be delivered as soon as possible, but we will not be responsible for any losses caused as a result of such delay.
Delivery times may vary depending on the availability of the products and your delivery address.
If no one is available at your address to take delivery, our delivery partner will leave you a note and you will need to contact them to rearrange delivery.
There are restrictions on some products for certain international destinations, so please review the information on that page carefully before ordering products.
If you order products for delivery to an international destination, your order may be subject to import duties and taxes which are applied when the delivery reaches the destination. In certain countries we may use an importer to simplify customs clearance and delivery to customers.
We will not be liable or responsible if you break any such laws.
Please see our Returns Policy for information on returns,exchanges and Free Returns service(Only for orders with a delivery and pick-up addres in Europe (E.E.C)). For further information on cancelling your order under the CCRs, please see below.
Depending on where you live, if you are a consumer you have a legal right to cancel your order under the Consumer Protection (Distance Selling) Regulations 2000 ("DSRs"), Decret 62/2009 de 10.03., Lei 46/2012 de 29.08 e Decret 7/2004 de 7.01. This means that, during a certain period, if you change your mind or for any other reason you decide you do not want to keep the products; you can notify us of your decision to cancel and receive a refund from the relevant Partners.
Please see the "EU DISTANCE SELLING REGULATIONS (DSR)" section of the Returns Policy for details of when and how you can cancel your order under the DSRs.
Your returned item must arrive at the partner store from where it was ordered from no later than 14 days after your delivery date. We recommend that you book your return pick-up within 7 days of your delivery date to ensure that it arrives at the relevant Wearetoddler.com partner’s location within 14 days.
This section sets out the rules that apply to your use of the Website (whether or not you use it to order products or just to browse). By using the Website, you agree to these rules. If you do not agree to these rules, you are not permitted to use the Website and you should leave it immediately.
a) Access to the Website
The Website is made available free of charge. You are responsible for making all arrangements necessary to access the Website. You are also responsible for ensuring that everyone who accesses the Website through your internet connection is aware of these Terms and Conditions, and that they approve them.
Access to the Website is permitted on a temporary basis and it does not include any commercial use of the Website or its contents. You must not reproduce copy and/or exploit the Website for any commercial purposes without our prior written consent.
We reserve the right to withdraw or adjust the Website without notice. We will not be responsible if, for any reason, the Website is unavailable at any time or for any period.
b) Your conduct
You must not use the Website in any way that causes, or is likely to cause, the Website or access to it to be interrupted, damaged or compromised in any way.
You understand that you are responsible for all electronic communications and content sent from your computer to us and you must use the Website for lawful purposes only.
You must not use the Website for any of the following:
In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect. To send, use or reuse any material that is: (a) illegal, offensive, abusive, indecent, defamatory, obscene or menacing, and/or (b) in breach of copyright, trademark, confidence, privacy or any other right, and/or (c) otherwise injurious to third parties, and/or (d) objectionable, and/or (e) which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam".
Breaching these provisions would constitute a criminal offence under the Computer Misuse Act 1990. We, in compliance with any enforceable law or public order, will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We are pleased for you to link to the Website but you must do so in a way that is reasonable and legal and does not damage our reputation or take advantage of it (such as by using a link to suggest any form of association or authorization by us). We reserve the right to withdraw linking permission at any time and, if we instruct you to remove a link to the Website, you must do so, immediately.
Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources and such links should not be interpreted as a validation by us of those linked websites.
(d) Our responsibility in relation to the Website
We may update or change the Website or its contents at any time. This means some of the content on the Website may be out-of-date at any given time. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely.
We will not be responsible for harm caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
Intellectual property, software and content
We own or manage all intellectual property rights in the Website and its content, such as text, graphics, logos, button icons, images, and audio clips and digital downloads data. The rights in the Website and its content are protected by international copyright laws as well as by any applicable national law concerning copyright, authors' rights and database right laws. All such rights are reserved.
You must not systematically extract and/or re-use parts of the Website or the Content. In particular, you must not use any data mining, robots, or similar data gathering and extraction tools to extract for re-utilisation any substantial parts of the Website. Except where expressly stated to the contrary, all persons (including their names and images), third party trademarks and images of third party products, services and/or locations featured on the Website are in no way associated, linked or affiliated with us. Any trademarks/names featured on the Website are owned by the respective trademark owners.
Ethical sourcing policy
As a trustworthy and reliable business committed to offering its customers high quality products, we are aware of our obligation to confirm that all Partners and other suppliers are operating ethically. We expect all Partners and other suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights. All Partner and other suppliers are expected to act in accordance with with their national employment laws and regulations with particular regard to: minimum age of employment, freely chosen employment, health and safety, freedom of association and the right to collective bargaining, no discrimination, no harsh or inhumane treatment, working hours, rates of pay and terms of employment.
We will never meaningfully allow a Partner to offer its products on the Website if such products are sourced from countries which break these principles. We also look to the Partner and other suppliers to encourage these principles when dealing with their own supplier base. Because of the sometimes complex nature of the Partner and other suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of the products. However, as we continue to grow, we recognise the importance of being proactive and doing everything within our power to support the rights of those involved in the manufacture of the products.
Governing law and jurisdiction - These Terms and Conditions are governed by Portuguese law. The courts of Portugal shall have the exclusive jurisdiction over any dispute or claim relating to these Terms and Conditions.
Complaints - We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. Please see our page contact for details of how to get in touch with us.