THESE TERMS AND CONDITIONS (THE "TERMS") ARE INCLUDED WITHIN ALL CONTRACTS FOR PRODUCTS AND SERVICES PURCHASED FROM THIS WEB SITE OR THROUGH ITTY BITTY BUNDLES ONLINE STORE AND ITTY BITTY BUNDLES CALL CENTER DESCRIBED BELOW. PLEASE READ THIS AGREEMENT AND THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING A PRODUCT.
In these Terms:
"Customer" or "you" means the end user customer purchasing products or services from this web-site or call center; and "Seller" or "we" means Itty Bitty Bundles, or any of its affiliates that you may be doing business with (hereinafter either collectively or individually also referred to as
"IBB").
This is an important document and affects your rights and obligations. It also includes exclusions and limitations that apply to you. The terms and conditions may be subject to change by Seller without notice although changes will not affect Contracts that have already come into existence.
By purchasing from IBB, the customer agrees to the terms and conditions set forth and all policies.
You acknowledge and accept that any purchase order ("Order") you place by using this web site will be fulfilled by Seller, and that any purchase contract ("Contract") resulting from your Order will be a purchase contract between you and the Seller. These Terms may not be supplemented, altered or modified by the use of any other documents or oral communications unless agreed in writing by Seller. THIS AGREEMENT APPLIES TO YOUR PURCHASE UNLESS YOU CANCEL YOUR ORDER BEFORE IT IS PROCESSED. THIS AGREEMENT CONTAINS A DISPUTE RESOLUTION CLAUSE. PLEASE SEE BELOW.
APPLICABILITY
Each Order for Products and Services is subject to these Terms. The contracting parties are Seller and you, the party submitting the Order and buying the Products as identified in the information submitted to the web site or to the Call Center at the time of ordering or by reference to a
pre-agreed unique identifying number.
Your Order shall be the offer to purchase. Seller reserves the right to refuse to accept Orders and all Products and Services are subject to availability. Any order containing an item that sells completely out of stock will be cancelled. Seller shall accept Orders by confirming the Order in writing, or delivering or invoicing any of the Products or commencing provision of the Services. Seller shall not be deemed to have accepted any such Order until such confirmation, invoicing,
delivery or provision. The Seller has the right to decline or cancel any purchase order containing erroneous prices. On acceptance of an Order a Contract will be made between Seller and Customer. By purchasing from IBB, the customer is accepting all terms, conditions and policies.
The invoice the Customer will receive will cross-refer the Customer's Order number and will indicate where payment is to be made.
For the purposes of these Terms the Call Center is that Call Center operated by IBB and contactable on telephone numbers: North America - 270-726-9046 10AM-5PM CST. If Orders are placed with the Call Center then binding legal obligations may be created upon acceptance of
your oral Orders. Seller's acceptance of your Orders will be confirmed electronically or sent by mail. Legal acceptance of your Order is effective at the time of Seller's sending or posting of the acceptance mail.
If there is a revision or cessation of a Product that is the subject of a Contract then Seller may ship Products with the functionality of the Products ordered but there will be differences in what is shipped to what has been ordered. Where functionality cannot be matched with the
ordered Products Seller will advise Customer either of a suitable alternative that may be supplied or of a cancellation of the Contract (or at Seller 's discretion the part that refers to the Product in question). Subject to the Return Policy below, upon such cancellation Seller shall make a full refund to Customer of the payments received for the relevant cancelled Products and neither party shall have any further liability to the other for the same. Part cancellation of a Contract shall
not affect Customer's rights or obligations in relation to the non-cancelled part.
PRICE AND PAYMENT
The Price of the Products and Services is stated in the Web Site or in the Order accepted by Seller. Shipping charges are identified separately to the Price of the Products and Services. Prices are quoted is Us Dollars and are subject to change without notice. Price changes do not affect
Contracts created after acceptance of Customer Orders. Prices exclude shipping, handling and taxes unless otherwise noted. Customer is responsible for Shipping charges. Orders shipped to the following US states will be charged sale/use tax: KY. We accept Paypal, VISA, MasterCard, American Express and Discover-Novus credit cards for payment. Payment in US dollars ($US) is the only acceptable form of payment. Please read the Information Privacy section below about
protecting transmission of your credit card information. Payment by credit card shall be made contemporaneously with the acceptance of the Order by Seller. Sale prices is not retroactive with the exception of the item was purchased the same day the same item went on sale. The new price will be reflected in contract.
Where Seller has agreed to supply the Products on credit Customer shall pay the price of the Products within 30 days of the date of Seller's invoice notwithstanding that the property in the Products has not passed to the Customer. Invoices will be dated the day of dispatch of the
Products. Seller shall be entitled at its absolute discretion to alter payment terms (other than on concluded Contracts) and withdraw or alter any credit limit granted at any time without notice. If the Customer fails to make a payment on the due date then without prejudice to any other right or remedy available to it Seller shall be entitled to cancel the Contract or suspend any further deliveries or suspend any services to the Customer. The property in the Products shall not pass to the Customer until Seller has received in cash or cleared funds payment in full of the price of the Products and all other Products and Services previously sold or supplied by Seller to the Customer for which payment is then due.
DELIVERY
Products and Services will be delivered to agreed locations for the charge set out in the Contract. Seller shall be responsible for the care of Products and Services up to the point of leaving our store. All claims after leaving our store will be with USPS with the help of IBB.
Times for delivery are targets only and Seller shall not be responsible for late delivery. IBB does not ship partial orders. This means that if you've ordered items that are indicated as being temporarily OUT OF STOCK along with ones that are IN STOCK, we will not ship until the backorder can be filled. We do our best to keep the status of products current, but availability is not guaranteed. Orders placed after 5:00 p.m. on Fridays will not ship until Monday or the next business day if
Monday happens to be a holiday. There will be no shipments made during any of the holidays that IBB observes. In the event that the Products and Services have not been delivered in a reasonable time from the target delivery date then Customer should call 270-726-9046 giving their Contract number and such other details as may be available to assist Seller to track the status of the delivery and to give a new anticipated delivery date. Customer shall have no other rights against
Seller for delay to delivery.
In the event that Seller or its agents should seek to deliver Products and Services to the agreed location and delivery cannot be made due to the absence of Customer or its agents or a signatory then Seller reserves the right to charge repeat delivery charges to Customer. Such charges will
depend on Seller's and shall be payable by Customer on receipt of Seller 's invoice for the same. Currently shipments are limited to the United States, Puerto Rico, Virgin Islands, Guam, and Canada. Standard shipping can take 7-10 business days in transit with 1-3 day processing
time. Priority shipping can take 2-5 business days with the above processing time. Please remember these are transit times and does not include processing.
LIMITATION OF LIABILITY
For any breach of these Terms, or of any Contract, Seller's sole and exclusive maximum liability shall not in any event exceed the total purchase price of the Products or Services ordered by Customer.
In no event shall Seller be liable for any damages resulting from loss or damages whatsoever.
These limitations will apply regardless of the form of action whether under statute, in contract tort, including negligence or any other form of action. SOME COUNTRIES, TERRITORIES, LOCALITIES OR STATES, AS APPLICABLE, DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IT IS IBB'S INTENT TO MAKE SUCH LIMITATIONS AND EXCLUSIONS IN THESE TERMS AND CONDITIONS TO THE FULLEST EXTENT ALLOWED UNDER
ANY APPLICABLE LAW.
RETURNS
As we are a special occasion specialty store, we accept returns for an exchange or store credit.
You may return your approved item in **ORIGINAL condition with tags properly attached for a store credit or exchange within *30 days from date of order with the *exception of the items listed below. We are sorry but we cannot accept returns that are not approved, items that are
worn, washed or not in original condition. All sales are final after 30 days from the date of purchase.
When purchasing from Itty Bitty Bundles Boutique, all customers agree to our policies, terms and conditions.
*Non-Returnable + Final Sale:
1) Clearance items are final sale.
2) Items returned without approval will not be accepted.
3) Items returned that are NOT in *original condition will be returned to
customer at customer's expense.
4) Items received after 30 days from date of purchase will not be
accepted.
5) Special Occasion outfits $40.00+ are final sale unless a Return
Authorization Number is received within 7 days from date of delivery.
Unfortunately we have become strict with this policy due to previous
customers wearing expensive dresses for pictures, etc. and returning
dresses worn.
May be Exchanged:
1) Christmas, Easter, Christening & Birthday outfits may be exchanged
for a different size or style in the same category. Please notify us within
7 days from the date you receive your package. All Christmas and
Easter styles are final sale 1 week before the holiday.
2) Special order items may be exchanged for a different size. Please see
special order section.
Please note: SALE PRICING IS NOT RETROACTIVE.
RETURNING YOUR ITEM(S):
1) All returns must be approved. Please email to obtain a Return
Authorization number.
2) Please package items securely as to not cause damage. (Insurance is
recommended). Our store is not responsible for any damage caused
during transit.
3) Please POST your RMA# on the OUTSIDE of the Package.
4) Please ship using delivery confirmation.
5) Package must be received within 7 days from the date your return was
authorized.
Please send your package to:
Itty Bitty Bundles
Baby Boutique
297 Nature Drive
Russellville, KY 42276
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Once we receive your package and it has been processed, you will receive a coupon code which will be sent to the email address on record.
Please note that customer is responsible for all shipping unless, in the unlikely event, we make an error. If so, our company will pay for ACTUAL return shipping up to $4.60.
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***Fees
Free Shipping - Please note that returns received with free shipping will have the cost of shipping that we paid subtracted from the exchange or store credit with the minimum amount being $5.95.
Returns received without authorization will be assessed a twenty-five percent restocking fee -OR- the package will be returned to the sender at the sender's expense.
Returns received with authorization but after the seven day time-frame will be accepted with a fifteen percent restocking fee.
Any refused shipments, unclaimed shipments, "return to sender" or "no such number" shipments will be assessed a thirty-five percent restocking fee minus our shipping cost that we paid.
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Please be sure your item(s) is/are return in ORIGINAL condition.
**Original condition means items must not have been worn, damaged or laundered, and all items must be returned with the original tags attached in original area (not re-attached). All items in gift packaging, mesh bags or plastic packaging are non-returnable if opened.
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All sales are final after 30 days.
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Sale pricing is NOT retroactive.
Order Cancellation
Orders may be canceled before merchandise is processed for shipping with no service fee. Please contact us for the status of the order. Any refused shipments, unclaimed shipments or return to sender shipments will be charged a restocking fee (see FEES above), plus the the shipping fee that we paid will be deducted. The full amount of shipping discounts, if applicable. The customer's initial shipping charges are non refundable and customer is responsible for return shipping if they wish
to receive the package back. If customer does not contact us within ten days of refused shipment, unclaimed shipment or return to sender shipment, all merchandise will be forfeited.
LOST OR STOLEN PACKAGES: Please purchase insurance! Once your package leaves our store we are not responsible for items being lost or stolen during the shipping process. We highly recommend purchasing postal insurance for flat rate of $2.20 which will be charged to your credit card separately. Please add a note you would like to purchase insurance in the CUSTOMER NOTES at checkout. Again, if insurance is not purchased, Itty Bitty Bundles cannot be held liable for any lost or stolen.
Please note that we can refund shipping costs only if the return is a result of our error.
Customer Service: For customer service, please call 270-726-9046
10AM-5PM CST. Or email us at ittybittybundles@gmail.com
* Order inquiry, cancellation, etc.
* Product questions before you buy.
* CMA numbers.
* RMA numbers
GENERAL
Dispute Resolution. THE RIGHTS AND OBLIGATIONS OF THE PARTIES UNDER THIS AGREEMENT SHALL NOT BE GOVERNED BY THE PROVISIONS OF THE 1980 UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE,
AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) AGAINST IBB, its agents, employees, successors, assigns or affiliates (collectively for purposes of
this paragraph, "IBB") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), IBB's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION PROVIDED, HOWEVER, THAT THIS BINDING ARBITRATION REQUIREMENT DOES NOT APPLY TO CLAIMS AGAINST IBB ARISING UNDER THE APPLICABLE WRITTEN WARRANTY. SUCH CLAIMS MAY BE PURSUED IN A COURT LOCATED IN THE COUNTY OF LOGAN, STATE OF KENTUCKY.
NORTH AMERICA: Arbitration shall be Administered By The National Arbitration Forum (NAF) under its Code of Procedure then in effect (available via the Internet at http.//www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between Customer and IBB. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405.
Customer may not assign or transfer its rights or obligations under any Contract to any third party without the Seller's prior written approval.
Information Privacy. To protect your privacy, data on forms with credit card information are transmitted using 128-bit SSL encryption, providing you have that security capability available and enabled on your browser. IBB's policy on privacy can be found at http://www.ittybittybundles.com/privacy.asp
Passwords. You are responsible for the password to your account. If you lose your password, you can establish a new account and password online. If you do so, we would appreciate an e-mail (with your account name and address to confirm your identity) so we can clear the account
for future use. For account security, we do not re-issue passwords to any accounts.
We attempt to keep our policies, pricing, contact information, and everything else on this site accurate and up to date. All of it, however, is subject to change without notice. Please contact Customer Service for the latest information on any topic.