Conditions of Use & Sale
Welcome to BabyGift.co.uk (the “Website”). This Website is owned and operated by BabyGitf Ltd, a company registered in England and Wales under company number 06060026 having its registered office at 48 King Street, King's Lynn, PE 30 3ST Norfolk (“BabyGift”, “we” or “us”).
BabyGift provides access to the Website and we sell our products to you subject to the conditions set out on this page.
Please read these conditions carefully before using the BabyGift.co.uk website. By accessing and using this Website you signify your agreement to be bound by these conditions and any other terms or notices set out on this Website.
Conditions Relating to Your Use of BabyGift.co.uk
1. Your Account
If you use the Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. 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 you 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.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update the information you provided us with in the My Account area of the website.
BabyGift reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
2.Privacy and Security
3. Access to BabyGift.co.uk
We will do our utmost to ensure that availability of the Website 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 the Website 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.
4. Restriction on Use
BabyGift grants you a limited licence to access and make personal use of this Website, but not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of BabyGift. This licence does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website 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.
This Website or any portion of this website may not 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 BabyGift.co.uk without our express written consent. Any unauthorised use terminates the permission or license granted by BabyGift.
5. 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 impaired in any way.
You understand that you, and not BabyGift, 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: for fraudulent purposes, or in connection with a criminal offence or other unlawful activity to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam" to cause annoyance, inconvenience or needless anxiety
6. Reviews, comments, communications and other content
Users of this Website may post reviews, comments and other content; send 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 any content. BabyGift reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you:
(a) grant BabyGift a non-exclusive, royalty-free and fully sublicensable 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) grant BabyGift and sublicensees the right to use the name that you submit in connection with such content, if they choose.
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. 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 BabyGift, including the execution of deeds and documents, at the request of BabyGift.
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 submitted to BabyGift: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable BabyGift 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 BabyGift for all claims brought by a third party against BabyGift arising out of or in connection with a breach of any of these warranties.
7. Copyright, Trademarks and Other Proprietary Rights
All the content of this Website, including but not limited to the text, graphics, logos, button icons, images, and software, is protected by copyrights, trademarks and/or other intellectual property or proprietary rights owned by or licensed to BabyGift. Except as expressly provided herein, nothing in this Website should be considered as granting any license or right under any copyright, trademark or other intellectual property rights of BabyGift or any third party. You may not use any BabyGift logo or other proprietary graphic or trademark without our express written consent.
Further, you may not systematically extract and/or re-utilise parts of the contents of the Website without BabyGift's 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 of any substantial parts of this Website, without BabyGift's express written consent. You also may not create and/or publish your own database that features substantial (e.g. our prices and product listings) parts of this Website without BabyGift's express written consent.
“BabyGift” is a trademark owned by BabyGift Ltd. All rights reserved.
Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products by BabyGift to you.
8. Our contract
Our contract will be on these terms and conditions to the exclusion of all other terms and conditions (including any terms and conditions which you purport to apply under any purchase order, confirmation email, specification or other document or transmission).
BabyGift will endeavour to ensure that the supply of products through our Website complies with the Online Sales Regulations Act 2005, as amended from time to time.
When you place an order to purchase a product from BabyGift, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the “Order has been shipped” Confirmation E-mail). That acceptance will be complete at the time we send the “Order has been shipped” Confirmation E-mail to you. Any products on the same order which we have not confirmed in a “Order has been shipped” Confirmation E-mail to have been dispatched do not form part of that contract.
9. Your Responsibilities
It is vital that all information you supply to us is complete and accurate in all respects because we will, in good faith, rely entirely on the key information you provided in order to ensure that we provide the correct and appropriate product.
You hereby undertake at all times to provide true, complete and accurate information to us when ordering any products from us. You hereby acknowledge that we shall have no liability or responsibility for any direct or indirect loss or damage that may result to you, or a third party incurred as a result of our reliance on false or inaccurate information supplied by you or on your behalf.
10. Returns
Please review our shipping and returns policy, which applies to products purchased from us. Customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right and an explanation of how to exercise it are provided in the shipping and returns policy
11. Delivery
Upon receipt of your order for products, BabyGift will use reasonable endeavour to deliver your products to you within 7 working days.
Where BabyGift is unable to deliver your products within 30 days from the day of receipt of your order, BabyGift will advise you by email of the reason for the delay and provide a revised date for the delivery.
If for any reason you do not accept delivery of any of the products or BabyGift is unable to deliver the products on time because you have not provided the appropriate instructions, BabyGift may store the products until delivery whereupon you will be liable for all reasonable related costs and expenses including storage and insurance.
If you do not accept delivery of any of the products because you have cancelled the contract pursuant to Clause 10 above you will receive a refund or credit for any sum that has been paid by you for the products within 30 days of cancellation less delivery costs.
12. Price and Payment
Price shown will be inclusive of VAT but exclusive of delivery costs.
Payment for the products is due immediately upon the placing of your order. To place an order, you will be directed to the check out page. Should you wish to place an order online, you will be required to complete an order form and pay by credit/debit card. Alternatively, you can order products by contacting BabyGift by telephone.
No payment shall be deemed to have been received and no delivery will take place until BabyGift receives cleared funds.
13. Pricing and availability
If an item is not available at the time of ordering, this will be mentioned as “out of stock” on the product information page. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such.
Despite our efforts, a small number of the products in our catalogue are mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
14. Product quality
All products on our Website are sourced from UK retailers and controlled by qualified personell.
BabyGift will endeavour to deliver products that are not due to expire within three months of the date of delivery. However, we strongly recommend that you check the expiration date on the manufacturer packaging of the product delivered to you and make sure that it is used within the time frame.
It is your responsibility to store, use and maintain the products as outlined in the manufacturer datasheet/written instructions.
If you discover a defect in the product as a result of damage in transit, you are obliged to give us written notice of the defect within two business days of the time you discovered or ought to have discovered the defect. In such a case, BabyGift will request the product to be returned for examination. If the product is deemed defective as a result of transit, BabyGift will provide you with the same product or a refund.
BabyGift will not incur any responsibility if you fail to store the products appropriately, use them after their expiry date or use a product damaged in transit without having informed BabyGift.
15. Customs
BabyGift only delivers within the United Kingdom and makes no representation that any products referred on this Website are appropriate for use or available in other locations. Those who choose to access this Website from outside of the United Kingdom are responsible for compliance with local laws if and to the extent local laws are applicable.
Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our customers to be aware that deliveries may be subject to opening and inspection by customs authorities.
Conditions Relating to both Your Use of BabyGift.co.uk and Sales to You
16. Links to Other Websites
BabyGift has provided links on this Website to other sites for information purposes only and such links do not constitute an endorsement by BabyGift of the content, materials and/or any offer for offerings place or referred to on such other websites or as a warranty that such websites will be free of viruses or other such items of a destructive nature. BabyGift has no control whatsoever as regards the content of such websites and does therefore not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You should carefully review their privacy statements and other conditions of use.
17. Electronic communications
When you visit BabyGift or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the Website. 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 to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
18. Our Liability
Although BabyGift endeavours to ensure the accuracy of the content placed on this Website, BabyGift does not warrant or guarantees its accuracy or correctness or of any other content or materials referred to in or made available by means of this Website. In addition, BabyGift does not warrant or guarantee that the Website and its operation, its content or the services that makes it available are virus free or free of other harmful components or that your use of this Website and its content will be uninterrupted.
In no event shall BabyGift be liable for any damages (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), including without limitation, direct or indirect, special, incidential, or consequential damages, losses or expenses arising in connection with this Website, any of its content, any web browser or the use thereof or inability or use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if BabyGift or its representatives thereof, are advised of the possibility of such damages, losses or expenses whether caused by negligence or otherwise.
BabyGift’s liability in contract shall only cover losses that are a reasonably forseeable consequence of the breach of contract. BabyGift’s total liability in contract (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance of the contract shall not exceed three times the amount paid for the products under the relevant contract. BabyGift shall not be liable for any indirect, special, incidential or consequential damages, losses or expenses arising out of or in connection with the contract.
To the extent permitted by applicable law, BabyGift expressly excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law or equity.
Nothing in these conditions affects in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence, willful misconduct or fraudulent misrepresentation.
19. Indemnification
You hereby agree to indemnify and hold us fully indemnified as well as indemnify all companies within our group for any losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly by us or companies within our group as a consequence of your breach or non-observance of these conditions or the contract, your improper use of this Website or in relation to any claim which may be brought against us or any company within our group by a third party in relation to your use of the Website.
20. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our Website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Use & Sale in force at the time that you use the Website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions 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.
21. Events beyond our reasonable control
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 statutory rights.
22. Waiver
If you breach these conditions 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.
23. Severability
If any of these terms and conditions is deemed to be invalid or unenforceable the remaining terms and conditions shall not be affected by such invalidity or unenforceability and shall remain in full force and effect.
24. Complaints
If you have any queries, comments or complaints with respect to the contract, the Website or any products, please contact us immediately by E-mail at info(@)BabyGift(.)co.uk or phone at 0203 058 0500. You can also write to us at the following address:
BabyGift Ltd, Unit 5, Chapmans Park Industrial Estate High Road, Willeseden London NW10 2DY, United Kingdom
5. Governing law and jurisdiction
These conditions, your use and access to the Website and any contract brought into as a result of usage of this Website are governed by and construed in accordance with the laws of England and Wales, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any disputes arising in connection thereto shall be subject to the exclusive jurisdiction of the English Courts.
These Conditions of Use & Sale were last modified on 22th April 2010.