Terms And Conditions
Baabya UK and/or their affiliates provide website features and other products and services to you when you visit or shop at Baabya.co.uk (the "website").
Conditions of Use
Please read these conditions carefully before using Baabya.
By using Baabya Services, you signify your agreement to be bound by these conditions
1. PRIVACY
Please view our privacy policy in order to use Baabya services.
2. ELECTRONIC COMMUNICATIONS
When you use any Baabya Service or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. We will communicate with you electronically in a variety of ways, such as by e-mail, text, in-app push notices or by posting e-mail messages or communications on the website or through the other Baabya Services, such as our Message Centre. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
3. COPYRIGHT, AUTHORS' RIGHTS AND DATABASE RIGHTS
All content included in or made available through any Baabya Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations is the property of Baabya or its content suppliers and is protected by UK and international copyright, authors' rights and database right laws. The compilation of all content included in or made available through any Baabya Service is the exclusive property of Baabya and is protected by UK and international copyright and database right laws.
You may not extract and/or re-utilise parts of the content of any Baabya Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation any substantial parts of the content of any Baabya Service, without our express written consent. You may also not create and/or publish your own database that features substantial parts of any Baabya Service (e.g. our prices and product listings) without our express written consent.
4. TRADEMARKS
In addition graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Baabya Service are trademarks or trade dress of Baabya. Baabya's trademarks and trade dress may not be used in connection with any product or service that is not Baabya's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Baabya. All other trademarks not owned by Baabya that appear in any Baabya Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Baabya.
5. LICENCE AND ACCESS
Subject to your compliance with these Conditions of Use and applicable Service Terms and your payment of any applicable fees, Baabya or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial use of the Baabya Services. This licence does not include any resale or commercial use of any Baabya Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Baabya Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Baabya or its licensors, suppliers, publishers, rights holders, or other content providers. No Baabya Service, nor any part of any Baabya Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not frame or use framing techniques to enclose any trademark, logo or other proprietary information (including images, text, page layout, or form) of Baabya without our express written consent. You may not use any meta tags or any other "hidden text" utilising Baabya's names or trademarks without our express written consent.
You may not misuse the Baabya Services. You may use the Baabya Services only as permitted by law. The licences granted by Baabya terminate if you do not comply with these Conditions of Use or any Service Terms.
6. YOUR ACCOUNT
If you use any Baabya Service you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices, and to the extent permitted by applicable law you agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be used in an unauthorised manner. You are responsible for ensuring that the details you provide us with are correct and complete, and for informing us of any changes to the information you have provided.
You must not use any Baabya Service: (i) in any way that causes, or is likely to cause, any Baabya Service, or any access to it to be interrupted, damaged or impaired in any way, or (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity, or (iii) to cause annoyance, inconvenience or anxiety.
We reserve the right to refuse service, terminate accounts or remove or edit content if you are in breach of applicable laws, these Conditions of Use or any other applicable terms and conditions, guidelines or policies.
We will share your data with our dropshippers for shipping purposes.
7. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
Visitors may post reviews, comments and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not, in the absence of a valid Notice Form, the obligation) to remove or edit such content. If you believe that any content on or advertised for sale on any Baabya Service contains a defamatory statement, or that your intellectual property rights are being infringed by an item or information on any Baabya Service, please notify us by completing and submitting the appropriate Notice Form and we will respond.
If you post content or submit material, and unless we indicate otherwise, you grant: (a) Baabya a non-exclusive, royalty-free and fully sublicensable and transferable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and (b) Baabya, its sublicensees and transferees the right to use the name that you submit in connection with such content, if they choose. No moral rights are assigned under this provision.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. To the extent permitted by law, you agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Baabya including the execution of deeds and documents, at our request.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is posted: (i) the content and material is accurate; and (ii) use of the content and material you supply does not breach any applicable policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify Baabya for all claims brought by a third party against Baabya arising out of or in connection with the content and material you supply except to the extent that any liability arises from our failure to properly remove the content when it is notified of the illegal nature of the content (Notice Form) arising out of or on the grounds of, or originating from the content that you have communicated to us.
8. INTELLECTUAL PROPERTY CLAIMS
Baabya respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please contact us on support@Baabya.com
9. Baabya SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Baabya Services (the "Baabya Software").
10. OTHER BUSINESS
Parties other than Baabya operate stores, provide services, or sell product lines on this website. In addition, we provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Baabya does not assume any responsibility or liability for the actions, product, and content of all of these or any other third parties. You can tell when a third party is involved in your transactions, and we may share your information related to those transactions with that third party. You should carefully review their privacy statements and other conditions of use.
We are welcoming all the affiliates on our website to join us and display their products. Also we are partnering with major online retailers to showcase their brands with Baabya .
11. Baabya'S ROLE
Baabya allows third party sellers to list and sell their products at Baabya.co.uk. In each such case this is indicated on the respective product detail page. While Baabya helps facilitate transactions that are carried out on the Baabya Marketplace, Baabya is neither the buyer nor the seller of the seller's items. Baabya provides a venue for sellers and buyers to negotiate and complete transactions. Accordingly, the contract formed at the completion of a sale for these third party products is solely between buyer and seller. Baabya is not a party to this contract nor assumes any responsibility arising out of or in connection with it nor is it the seller's agent. The seller is responsible for the sale of the products and for dealing with any buyer claims or any other issue arising out of or in connection with the contract between the buyer and seller. Because Baabya wants the buyer to have a safer buying experience
12. OUR LIABILITY
We will do our utmost to ensure that availability of the Baabya Services will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet, this cannot be guaranteed. Also, your access to Baabya Services may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Baabya will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when you commenced using the Baabya Services.
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your legal right to have goods sent or services provided within a reasonable time or to receive a refund if goods or services ordered cannot be supplied within a reasonable time owing to a cause beyond our reasonable control.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
13. APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of UK, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the district of London City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Use in UK or in the EU country in which you live
14. ALTERATIONS TO SERVICE OR AMENDMENTS TO THE CONDITIONS OF USE
We reserve the right to make changes to any Baabya Services, policies, terms and conditions including these Conditions of Use, and Service Terms at any time. You will be subject to the terms and conditions, policies and Conditions of Use in force at the time that you use the Baabya Services. If any of these Conditions of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
15. WAIVER
If you breach these Conditions of Use 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 of Use.
16. CHILDREN
We do not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18 you may use the Baabya Services only with the involvement of a parent or guardian.
17. OUR CONTACT DETAILS
This website is owned and maintained by Baabya
18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF RIGHT INFRINGEMENTS
If you believe that your rights are being infringed, you may send us an email. We respond expeditiously to rights owners and their agents who complete and submit the Notice Form to communicate concerns about any alleged infringement.
Upon receipt of a Notice Form we may take certain actions, including removing information or an item, all of which are taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. Furthermore, in submitting a Notice Form, you grant to Baabya the right to use, reproduce, modify, adapt, publish, translate, create derivative works from, and display its content throughout the world in any media. This includes forwarding the Notice Form to the parties involved in the provision of the allegedly infringing content. You agree to indemnify Baabya for all claims brought by a third party against Baabya arising out of or in connection with the submission of a Notice Form.
Note on Third Party Seller Listings: Please keep in mind that Third Party Seller listings are merely hosted on Baabya.co.uk and are posted solely at the direction of Third Party Sellers who may be contacted via their Seller Information page, accessible from any of their listings.
ASIN and ISBN-10, Defined: "ASIN" stands for Baabya Standard Item (or Identification) Number and is a ten (10) character identifier. It can be found below any listing under Product Details. "ISBN-10" stands for International Standard Book Number and is a ten (10) digit identifier that can be found on some book listings under Product Details.
Important Warning: giving false, misleading or inaccurate information in the Notice Form to Baabya may result in civil and/or criminal liability. You should contact a legal advisor should you have any questions.
19. NOTICE AND PROCEDURE FOR NOTIFYING Baabya OF DEFAMATORY CONTENT
Because millions of products are listed and many thousands of customer reviews and comments are hosted on Baabya.co.uk, it is not possible for us to be aware of the contents of each product listed for sale, or each customer review or comment that is displayed. Accordingly, we operate on a "notice and action" basis. If you believe that any content on, or within a product advertised for sale on, the Baabya.co.uk website contains a defamatory statement, please notify Baabya immediately by completing and submitting a notice. Follow the instructions in the notice and send it to defamation-notice@Baabya.co.uk with the subject line "UK Defamation Notice [insert your name] " .
ADDITIONAL Baabya SOFTWARE TERMS
1. Use of the Baabya Software. You may use Baabya Software solely for purposes of enabling you to use and enjoy the Baabya Services as provided by Baabya, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the Baabya Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the Baabya Software or otherwise assign any rights to the Baabya Software in whole or in part. You may not use the Baabya Software for any illegal purpose. We may cease providing any Baabya Software and we may terminate your right to use any Baabya Software at any time. Your rights to use the Baabya Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain Baabya Software that are specifically identified in related documentation may apply to that Baabya Software (or software incorporated with the Baabya Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any Baabya Service is the property of Baabya or its software suppliers and protected by Luxembourg and international copyright laws.
2. Use of Third Party Services. When you use the Baabya Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
3. No Reverse Engineering. Unless explicitly permitted under applicable mandatory law, you may not, and you will not encourage, assist or authorise any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the Baabya Software, whether in whole or in part, or create any derivative works from or of the Baabya Software.
4. Updates. In order to keep the Baabya Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
Conditions of Sale
These Conditions of Sale govern the sale of products by Baabya to you . We offer a wide range of Baabya Services, and sometimes additional terms may apply. When you use an Baabya Service (for example Your Profile, Gift Cards, Baabya applications for mobile or Message Centre), you will also be subject to the terms, guidelines and conditions applicable to that Baabya Service ("Service Terms"). If these Conditions of Sale are inconsistent with the Service Terms, those Service Terms will control.
Please read these conditions carefully before placing an order with Baabya. By placing an order with Baabya EU SARL, you signify your agreement to be bound by these conditions.
1. OUR CONTRACT
Your order is an offer to Baabya to buy the product(s) in your order. When you place an order to purchase a product from Baabya, we will send you a message confirming receipt of your order and containing the details of your order (the "Order Confirmation"). If you are using certain Baabya Services (e.g. Baabya mobile applications) the Order Confirmation may be posted on a Message Centre on the website. The Order Confirmation is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) or the services ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when we dispatch the product to you and send e-mail or post a message on the Message Centre of the website confirming to you that we've dispatched the product to you (the "Dispatch Confirmation"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation for each package, and each Dispatch Confirmation and corresponding dispatch will conclude a separate contract of sale between us for the product(s) specified in that Dispatch Confirmation. Your contract is with Baabya EU Sarl. Without affecting your right of cancellation set out in section 2 below, you can cancel your order for a product at no cost any time before we send the Dispatch Confirmation relating to that product. This right to cancel does not apply to certain categories of products and services, including digital products or software which are not supplied in a physical format (e.g. on a CD or DVD), once download or use (whichever is earlier) has begun.
You consent to receive sales invoices electronically. Electronic invoices will be made available in pdf format in the Your Account area of the web site. For each delivery, we will inform you in our Dispatch Confirmation if an electronic invoice is available. For further information about electronic invoices and instructions on how to receive a paper copy please refer to our help pages.
Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.
2. PRICING AND AVAILABILITY
All prices are inclusive of legally applicable VAT.
We list availability information for products sold by us on the website including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. As we process your order, we will inform you by e-mail or by posting a message on the Message Centre of the website as soon as possible if any products you order turn out to be unavailable and you will not be charged for those products.
Please note that unless otherwise stated on the website, delivery estimates are just that. They are not guaranteed delivery times and should not be relied upon as such.
Despite our best efforts, a small number of the items in our catalogue may be mispriced. We will verify pricing when processing your order and before we take payment. If we have made a mistake and a product's correct price is higher than the price on the website, we may either contact you before dispatch to request whether you want to buy the product at the correct price or cancel your order. Also additional shipping cost may apply for certain countries.
Suppliers from China can upload and sell their goods anywhere in the world. Anyone who wishes to purchase in China, should contact the supplier prior to payment, subject to terms and conditions.
3. PRODUCT INFORMATION
Unless expressly indicated otherwise, Baabya is not the manufacturer of the products sold on this website. While we work to ensure that product information on our website is correct, actual product packaging and materials may contain more and different information to that displayed on our website. Ingredients may also change. All information about the products on our website is provided for information purposes only. We recommend that you do not rely solely on the information presented on our website. Please always read labels, warnings and directions provided with the product before use.
For healthcare products, in the event of any safety concerns or for any other information about a product, please carefully read the information provided with the product or contact the manufacturer. Content on this site is not intended to substitute for advice given by a medical practitioner, pharmacist or other licensed healthcare professional. Contact your healthcare provider immediately if you suspect that you have a medical problem. Information and statements about products are not intended to be used to diagnose, treat, cure or prevent any disease or health condition. Baabya accepts no liability for inaccuracies or misstatements about products by manufacturers or other third parties. This does not affect your statutory rights.
4. CUSTOMS
When ordering products from Baabya for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Baabya, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the products. Your privacy is important to us and we would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information see About Customs.
5. 1-CLICK ORDERING
1-Click ordering is the fastest and easiest way to order products safely and securely from Baabya. If you are using a public or shared computer terminal, we strongly recommend that you deactivate 1-Click ordering when you are not at the computer.
6. OUR LIABILITY
Baabya and its affiliates will not be responsible for (i) losses that were not caused by any breach on our part, or (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential losses that were not foreseeable to both you and us when the contract for the sale of products by us to you was formed.
The laws of some countries do not allow some or all of the limitations described above. If these laws apply to you, some or all of the above limitations may not apply to you and you might have additional rights.
Nothing in these conditions limits or excludes our responsibility for fraudulent representations made by us or for death or personal injury caused by our negligence or wilful misconduct.
7. Refund Payments
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your right to have the products sent to you within a reasonable time. If the delay occurs before the products are dispatched, we will not charge you for the products until they are dispatched and you may cancel your order at any time prior to dispatch.
The received money can be withdrawn to your UK bank account or used to pay for future purchases.
If your payment came from your card, it will be refunded to that card. Depending on your card issuer, it may take up to 30 days to complete a refund.
If your payment came from either your bank or your PayPal balance, it will be refunded to your PayPal balance. PayPal payments cannot complete until the recipient's email address is confirmed on their PayPal account. If your refund status is Refunded or Partially Refunded, it means that the refund is complete. The money should be back in your PayPal balance or on your card.
Note that all payments will be refunded to the same card and person who made the original transaction.
8. APPLICABLE LAW
These conditions are governed by and construed in accordance with the laws of the UK, and the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. We both agree to submit to the non-exclusive jurisdiction of the courts of the District of Luxembourg City, which means that you may bring a claim to enforce your consumer protection rights in connection with these Conditions of Sale in UK or in the EU country in which you live.
9. AMENDMENTS TO THE CONDITIONS OF SALE
We reserve the right to make changes to our website, policies, and terms and conditions, including these Conditions of Sale at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time that you order products from us, unless any change to those terms and conditions, policies or these Conditions of Sale is required to be made by law or government authority (in which case it may apply to orders previously placed by you). If any of these Conditions of Sale is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
10. WAIVER
If you breach these Conditions of Sale 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 of Sale.
A refund must be returned to the original card or bank account purchased from.
