These Terms & Conditions set out the basis on which you can visit and use our website (www.babyblack.co.uk). Please read them carefully as they contain important information. If you want to ask us anything about these Terms & Conditions or have any comments or complaints about our website, please email us at firstname.lastname@example.org or call us on +44 (0) 1604 372324. Please note that all calls to customer services will be charged at local rates dependent on your network provider and may be recorded for training purposes.
This website is owned and operated by Babyblack Limited (“Babyblack”, “we” or “us”) whose registered office is Kemp House, 160 City Road, London, EC1V 2NX. The registered number is 11122982. Babyblack Limited is a UK registered company with its trading Location based in Northamptonshire.
Access to and Use of the Website
You are provided access to this website in accordance with these Terms & Conditions. There may be legal notices on other areas of this website which relate to your use of this website, all of which will, together with these Terms & Conditions govern your use of this website. If you choose to access this website from outside the United Kingdom, you are responsible for compliance with local laws if and to the extent local laws are applicable. We reserve the right at any time to:
- Modify or withdraw this website (or any part thereof) without notice to you and we shall not be liable to you for any such modification or withdrawal; and/or
- Change these Terms & Conditions from time to time and your continued use of this website (or any part thereof) following such change will be deemed to be your acceptance of such change.
By placing any Orders through our website
You warrant that:
- You are legally capable of entering into binding contracts
- The personal information which you are required to provide when you register as a customer is true, accurate, current and complete in all respects.
- You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.
Description of Products and Availability
The advertising of Babyblack branded products (“product”, “products” or “goods”) on this website is an “invitation to treat” and a contract between us and you will only be created in accordance with the terms as described in Placing an Order and Acceptance of your Order.
Babyblack has taken every care in the preparation of the content of this website, in particular to ensure that as far as reasonably possible, prices quoted are correct at the time of publishing and that all products have been fairly described. All prices are displayed inclusive of UK VAT but exclusive of delivery charges. For goods delivered to addresses outside of the UK any duties or tax are the responsibility of the recipient, and are not included in the prices displayed on the website. Our website contains a large number of products and it is always possible, despite our best efforts, that some of the products listed may be incorrectly priced. We will verify prices in any Order acknowledgement email sent to you. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will accurately reflect the colour of the product on delivery. All products are subject to availability. We will inform you as soon as reasonably possible if any products you have ordered are not available.
Placing an Order
When placing an Order you are requested to read and agree to these Terms and Conditions. Any Order(s) placed by you must be placed in accordance with these Terms and Conditions. If you are unsure about any of the content of our Terms and Conditions please contact customer services before you place an Order.
Acceptance of Your Order
After receipt of your Order we will send you an Order acknowledgement email detailing the product(s) you have ordered and confirming prices. If you do not receive this Order acknowledgement email within 3 working days of placing your Order please contact customer services. The Order acknowledgement email is not an acceptance of your Order. Acceptance of your Order and formation of the contract will only take place once we have confirmed your credit or debit card authorisation for your Order, and the products you have Ordered have been dispatched (unless we have notified you that we do not accept your Order or you have cancelled it in accordance with the terms as described in Cancellations). We will send you a despatch confirmation email when the product(s) you have ordered is dispatched from our warehouse. We reserve the right to decline any Order you place and/or to supply any product ordered as a result of the product you Ordered being unavailable from stock, our inability to obtain authorisation for your payment, or if you do not meet the eligibility criteria set out in Access to and use of the website. The contract between you and us will be concluded in English. The details of your specific contract will not be filed by us.
The products Ordered by you will be at your risk from the time of delivery, and ownership of them will only pass to you when we receive full payment of all sums due in respect of them, including delivery charges if applicable.
Due to circumstances beyond our control prices may have to be altered, including any variations in the rate of sales tax. If this occurs, you will be notified and requested to reconfirm your Order at the altered price.
Babyblack is under no obligation to accept or fulfil an Order that we believe violates the terms of any offers, or for products incorrectly priced on the website. We therefore reserve the right to cancel an Order even after it has been accepted. If you Order a product that is priced incorrectly or mistakenly included within a special offer, we will contact you immediately to inform you that your Order has been cancelled.
Please note; if we accidentally ship your Order before we notify you of mistakenly including items or priced incorrectly, ownership of them will only pass to you when we receive full payment of all sums due in respect of them, including delivery charges if applicable.
If you would like to ask us any further questions, please contact customer services email@example.com.
Under EU legislation (including but not limited to Directive 2011/83/EU, as implemented in the national laws of EU Member States, you are entitled to cancel your Order within 14 working days beginning on the day after you received the products Ordered. In this case, you will receive a refund of the purchase price and delivery charges (if any) paid for the products Ordered. Please see our Returns Policy for further details.
If you wish at any time to change or cancel your Order, please contact customer services. If you wish to exercise your right to cancel your Order after the products you ordered have been dispatched, please follow the procedure set out in our Returns Process.
If you are unhappy with your purchase we will refund a product within 14 calendar days of receipt, provided it is returned to us in a fully re-saleable condition. If we find that the product has not been returned to us in a fully re-saleable condition we reserve the right to refuse a refund for the product.
We will only normally refund the delivery charge for sending the product to you if a delivery charge has been applied, the product is damaged, faulty, or does not match your Order. However, if you exercise your right to cancel your Order within 14 calendar days (See Cancellations), we will refund any delivery charge (if applicable). Please note this only applies to cancellation of the complete Order; a return of part of your Order will not result in the delivery charge refunded.
In the case of unwanted goods being returned; we will not refund any duties or taxes that were imposed when the Order was despatched to the recipient. We will pay for the cost of returning the product to us when the original Order was delivered to a UK address. Where products were delivered to addresses outside of the UK, the cost of returning the product to us is the responsibility of the original recipient of the Order.
Products should be returned in their original packaging. If you do not have this packaging, please contact customer services.
Returns process for Orders Delivered to a UK Address
If you want to return any products pursuant to our Returns Policy, please follow the returns process included with your Order.
The Returns process explains how to post the product being returned for refund.
Any refund will be dealt with in accordance with the terms as described here.
When returning an Order, the warehouse returns team will review the condition of the product(s) before deciding in accordance with our Returns Policy whether to process the refund.
Goods returned to the warehouse for refund will normally be processed within 14 days of the goods being received back. When processing a refund for returned goods, we will refund by the original method of payment and you will receive an email confirming the refund amount.
If you paid by credit/debit card please be aware that it can take up to 7 working days for the funds to show as a credit in your account.
If we decide not to process any refund you will be contacted by customer services.
Returns Process for Orders Delivered to a non UK Address
The return and any refund will be dealt with in accordance with the terms as described here.
If you want to return any products pursuant to our Returns Policy, please use the returns paperwork included with your Order.
You will be required to pay for the return of the goods, and should choose a method of return that is secure and can be tracked. The warehouse returns team will review the condition of the product(s) before deciding in accordance with our returns policy whether to process the refund.
In the case of unwanted goods returned for refund, we will refund the price paid for the goods but not any duties or taxes that were imposed when the Order was despatched to the recipient.
When processing a refund for returned goods, we will refund by the original method of payment and you will receive an email confirming the refund amount.
If we decide not to process any refund you will be contacted by customer services.
All promotions are subject to these Terms & Conditions. We take all necessary precautions to ensure that all our sales & promotional practices are always accurate.
Ownership of Rights
You acknowledge and agree that copyright, trademarks and all other intellectual property, in all content supplied as part of this website are owned by or licensed to Babyblack. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the express written permission of Babyblack. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, display, modify, distribute, or re-post anything on this website for any purpose. Downloadable images within the Media Area of this website are for editorial purposes only and can only be used in connection with relevant subject matter to profile Babyblack positively. All images remain the property of Babyblack. Under no circumstances can these images be used for any personal or commercial purposes.
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content appearing on this Website shall remain at all times vested in Us or Our licensors. Babyblack is a registered trademark owned by Us.
While we will use reasonable endeavours to verify the accuracy of any information we place on this website, we make no warranties, whether expressed or implied in relation to its accuracy. The website is provided on an “as is” and “as available” basis without any representation or endorsement made and we make no warranties of any kind, whether expressed or implied, in relation to the website, or any transaction that may be conducted on or through the website including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade. We make every effort to ensure that this website is free from viruses or defects. However, we cannot guarantee that your use of this website or any media/websites accessible through it will not cause damage to your computer. It is your responsibility to ensure that you have the right equipment required to use this website and that you screen out anything that may damage it. We will not be liable to you or any third party for any loss or damage which may arise to computer equipment as a result of using this website.
We make no warranty that this website will meet your requirements or will be uninterrupted, timely or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy and reliability of the website. We will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website. To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether expressed or implied, in relation to the products available on this website.
This does not affect your statutory rights as a consumer, nor does it affect your cancellation rights (see Cancellations).
We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations or otherwise out of or in connection with your use of this website for
- Any loss or damage (whether direct or indirect) of or to business, profit, revenue, reputation, goodwill and anticipated savings and any incidental, indirect, special, consequential or punitive loss or damage.
Nothing in these Terms & Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our partners, agents or employees.
Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under this Contract that is caused by events outside Our reasonable control (“Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Our reasonable control and includes, in particular (without limitation) the following:
strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, the acts, decrees, legislation, regulations or restrictions of any government.
Our performance under the Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance during that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If you choose or are provided with a password and/or account details, you must treat such information as confidential. You are responsible for any activities that occur under your account. Babyblack shall not be liable to you or any third party for any loss or damage which may arise as a result of any failure by you to keep your password or account confidential.
If any provision of these Terms and Conditions shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
Law and Jurisdiction
The European Commission’s new Online Dispute Resolution (ODR)
From the 15th of February 2016, the European Commission’s new online dispute resolution (“ODR”) platform for consumer disputes with traders will go live. From this date, all online traders and online marketplaces established in the EU will be required, by law, to provide an “easily accessible” link to this ODR platform on their website. It can be accessed here.