General Terms and Conditions of SaleOLD
General Terms and Conditions of Sale
BabyBjörn AB, which is a Swedish limited company with company registration number 556093-6196 (“BabyBjörn”), runs the websites babybjorn.com and babybjorn.co.uk, consisting of subdomains and individual webpages, (collectively referred to as “the Website”). BabyBjörn’s address: Box 913, 170 09 Solna, Sweden; e-mail address: firstname.lastname@example.org; phone number +46 (0)8 544 968 00; VAT no: SE556093619601.
Contact details and other information about BabyBjörn are available on the Website and in BabyBjörn’s Terms and Conditions of Use for the Website, which are available here.
1.1 These general terms and conditions (“the Terms”) apply when you as a consumer (“the Customer”) place an order via the Website. The Terms are only applicable to a Customer who is a consumer and who places orders via the Website.
1.2 To be able to place orders on the Website, the Customer must be aged 18 years or over and have an address in the United Kingdom. BabyBjörn reserves the right in individual cases to refuse or modify a Customer’s order (in the way specified below in the Contract and Order section).
1.3 BabyBjörn accepts no liability for products selling out, or for any image or typographical errors on the Website, e.g. errors in a product description or technical specification, incorrect prices or incorrect information about product availability. BabyBjörn is entitled to correct any such errors, as well as change or update the information on the Website, at any time.
1.4 In addition to these Terms, BabyBjörn’s Terms and Conditions of Use for the Website, which are available here, also apply. The Terms and Conditions of Use describe the provisions for, inter alia, confidentiality and personal data, cookies, material on the Website, intellectual property rights, such as trademarks and copyright, as well as liability.
1.5 The Customer can always contact BabyBjörn’s Customer Service. Contact details are available under the Customer Service section [clickable link] and on the Website. BabyBjörn tries to reply within 24 hours of receiving the question (during normal working hours, i.e. Monday-Friday 9am – 5pm).
2. CONTRACT AND ORDER
2.1 To be able to make a purchase via the Website, the Customer must accept the Terms. By placing an order on the Website, the Customer accepts the Terms, including BabyBjörn’s Terms and Conditions of Use for the Website.
2.2 Once the Customer has placed their order, BabyBjörn sends an order confirmation to the e-mail address the Customer has specified when placing the order. A contract for purchase is concluded between the Customer and BabyBjörn as at the date of an order confirmation. The Customer should save this order confirmation in case they need to contact BabyBjörn’s Customer Service. The Customer can cancel their order up until the point it is confirmed by BabyBjörn and, in this case, any payments made by the Customer or their debit or credit card company in respect of the order will be refunded.
2.3 BabyBjörn reserves the right to refuse to accept an order that contains incorrect personal data or if the Customer has a record of non-payment.
2.4 If errors in price, delivery time or other circumstances should arise, BabyBjörn is entitled to refuse to accept the Customer’s order. In this event, BabyBjörn will contact the Customer to inform them of this. In such a case, the Customer is entitled to either change or cancel their order. BabyBjörn will wait for the Customer’s approval of the modified terms before BabyBjörn proceeds with the order.
3. CUSTOMER DATA ETC.
3.1 When the Customer is placing an order, the Customer will be asked to provide certain personal data. The Customer confirms that the data entered by the Customer are correct and complete, and is responsible for incorrectly entered data.
3.2 BabyBjörn manages personal data in accordance with applicable personal data legislation and in accordance with BabyBjörn’s Terms and Conditions of Use for the Website (see clause 1.4 above).
4. PRICES, CHARGES AND PAYMENT
4.1 When ordering via the Website, the prices specified on the Website apply. Prices are specified in pound sterling and include VAT. The prices do not include payment charges, delivery charges and invoicing charges or similar, which may be added and are specified separately.
4.2 BabyBjörn accepts no liability for printing and typographical errors relating to price. The Customer is always informed about any price adjustments after an order has been placed and, in this case, they are entitled to change or cancel their order.
4.3 The possible payment methods are specified on the Website. BabyBjörn uses third-party payment services. The providers of these payment services have their own terms and conditions of use that regulate, inter alia, the way the Customer’s personal data is managed. These terms and conditions are accessible when the Customer selects a payment method.
4.4 BabyBjörn is entitled to take payment from the Customer as soon as the Customer places the order, unless the Customer has selected payment by invoice or some similar payment method. When paying by invoice or part payment, BabyBjörn, or the payment solution provider, can request a credit check. In the event of late payment or non-payment, the statutory interest on overdue payment will be charged and the Customer will also be liable to pay for the cost of a written reminder.
5. CAMPAIGNS AND SPECIAL OFFERS
5.1 BabyBjörn may from time to time offer campaigns on the Website. Any such campaigns may have other terms and conditions than the provisions in these Terms. The campaign terms and conditions will apply for as long as the campaign is active and to the specific products included in the campaign. BabyBjörn reserves the right to terminate such campaigns at any time. Special offers on specific products on the Website apply for a limited time only while stocks last.
6. DELIVERY AND TRANSPORT
6.1 Products that are in stock are normally delivered within the number of working days specified on the Website, and in any event no later than 30 days after the date of an order confirmation. In the unlikely event that delivery takes more than 30 days, the Customer is entitled to cancel their order. If the Customer cancels its whole order BabyBjörn will refund the order value and reasonable return shipping costs.
6.2 BabyBjörn does its best to deliver as fast as possible, but unfortunately delays may occur. Therefore, BabyBjörn does not guarantee delivery on any specific day and, unless otherwise agreed, does not accept liability for delays. The expected delivery time for the product is stated on the order confirmation, at the checkout and/or on the product page in question on the Website. If it is not possible to deliver a product in time, BabyBjörn will send an e-mail message with information to the Customer. If a product is unavailable or cannot be delivered for some other reason, the product will be cancelled from the order and, in this case, any payments made by the Customer or their debit or credit card company in respect of the order will be refunded.
6.3 Parcels must be collected by the Customer within the time specified on the notification. Parcels should normally be collected in person with valid proof of identity and order number. The Customer always receives notification of where and when to collect the parcel. Notification may be made via SMS, the postal service, email or telephone. In the event of non-collection of a parcel, BabyBjörn reserves the right to invoice the Customer for return shipping, a service charge and handling fee.
7. RIGHT OF WITHDRAWAL
7.1 When purchasing products on the Website, there is always a 14-day right of withdrawal in accordance with applicable consumer protection legislation. This means that the Customer is entitled to withdraw from their purchase by informing BabyBjörn of this decision within 14 days of the Customer or the Customer’s agent receiving the ordered product (“the cooling-off period”).
7.2 The right of withdrawal does not apply to (i) bespoke products that have been made to order or clearly personalised, or (ii) products that cannot suitably be returned with unsealed packaging for health or hygiene reasons, and which have been unsealed by the Customer.
7.3 When the Customer orders a product to which the right of withdrawal does not apply, the Customer receives clear information to this effect. If a product has been sealed, the Customer may not break the seal if they want to be able to exercise their right of withdrawal later. In other words, the right of withdrawal will be terminated if the Customer breaks the seal.
7.4 If the Customer wants to withdraw from a purchase made on the Website, before the cooling off period expires, the Customer should send a clear and unequivocal message to BabyBjörn containing the following information:
the Customer should specify the order number and the product for which the Customer wishes to exercise the right of withdrawal, their name, address and other contact details. The Customer should primarily use the “Return of Products to BabyBjörn Shop” form that accompanies the delivery.
BabyBjörn then sends e-mail confirmation that BabyBjörn has received notification of the Customer’s decision to exercise their right of withdrawal.
7.5 When exercising the right of withdrawal, the Customer pays the return shipping costs and is liable for the condition of the product after the Customer has received the product as well as during return shipping. The product should be returned to BabyBjörn within 14 days of informing BabyBjörn of the intention to exercise the right of withdrawal. The product should be sent well-packaged, undamaged, in good condition and in its original box.
Returns should be made to BabyBjörn in the way BabyBjörn has specified in its confirmation of the Customer’s decision to exercise the right of withdrawal. The description of the way the product should be returned is also available on the Website under the Customer Service section.
7.6 If the Customer withdraws from their purchase, the amount the Customer has paid for the product is refunded to the Customer, including any delivery charges in connection with the purchase. Exceptions apply to any supplementary delivery charges as a result of the Customer selecting some other delivery method than the standard delivery offered by BabyBjörn. When returning part of an order, the delivery cost is not refunded. BabyBjörn is entitled to deduct a sum from the amount to be refunded equivalent to the product’s depreciation compared to the product’s original value if and to the degree that such depreciation is due to the Customer having handled the product to a greater extent than is necessary to establish its qualities or function.
7.7 BabyBjörn refunds the amount as quickly as possible and no later than within 14 days of receiving the Customer’s notification of exercising the right of withdrawal. However, BabyBjörn is allowed to delay the refund until BabyBjörn has received the product or the Customer has shown evidence that the product has been sent back. The Customer will be refunded via the payment option selected by the Customer, provided that no other agreement has been made or that there are no obstacles to such a refund.
8. WARRANTY AND COMPLAINTS
8.1 Certain BabyBjörn products may be covered by a warranty which is more favourable than the Customer’s rights under applicable consumer protection legislation. In these cases, information about any warranty period and the specific warranty terms and conditions for any such product are specified in the product description.
The warranty only covers original manufacturing defects and not defects arising from the Customer’s alterations to the product’s function and appearance, accidents, misuse, deviations from care and servicing instructions, as well as normal use and wear and tear.
8.2 BabyBjörn is under a legal duty to supply products that conform with these Terms. The right of complaint in accordance with applicable consumer protection legislation covers products that are defective in accordance with relevant consumer protection legislation. A Customer who wishes to complain about a defect in a product they have ordered should contact BabyBjörn’s Customer Service and notify them of the defect within a reasonable time after the Customer has noticed or should have noticed the defect (complaint). Complaints made within two (2) months of the Customer noticing the defect are considered to have been made in the right time. The Customer has six years’ right of complaint on products purchased on the Website, but the defect should always be reported within the time limit specified above after the Customer noticed or should have noticed the defect. A defect that comes to light within six months of the Customer receiving the ordered product is considered to have existed at the time the product was received, unless Babybjörn can prove otherwise, or this is incompatible with the nature of the product or the defect.
8.3 BabyBjörn pays return shipping costs for approved complaints.
8.4 Once the complained about product has been returned and the complaint approved, BabyBjörn will compensate the Customer in accordance with applicable consumer protection legislation. BabyBjörn endeavours to do so within 30 days of the date on which BabyBjörn received the complaint, but it may take longer depending on the nature of the product. BabyBjörn reserves the right to reject a complaint if the product turns out not to be defective in accordance with applicable consumer protection legislation.
8.5 If BabyBjörn fails to comply with these Terms, it is responsible for loss or damage the Customer suffers that is a foreseeable result of BabyBjörn breaching this contract but BabyBjörn is not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both BabyBjörn and the Customer knew it might happen, for example, if the Customer discussed it with BabyBjörn during the sales process.
9. CHANGES TO THE TERMS
9.1 BabyBjörn reserves the right at any time and at its own discretion to make changes to these Terms without giving any prior notice. When BabyBjörn makes changes to these Terms, BabyBjörn will post the new Terms on the Website. Changes apply from the time the Customer accepts the Terms (by making a new purchase or by visiting the Website), or 30 days after BabyBjörn has informed the Customer about the changes. BabyBjörn recommends that the Customer checks the Website regularly to find out about any changes to the Terms.
9.2 Each purchase that the Customer has made, however, will be governed by the Terms in force at the time each respective order was placed.
10.1 If any provision or part thereof in these Terms should be held by any court to be invalid or unenforceable, this will not invalidate the Terms in their entirety. Reasonable adjustment of the invalid provision should be made instead, so that it becomes valid and enforceable to the extent that the applicable law allows.
11. APPLICABLE LAW AND DISPUTES
11.1 Disputes should be resolved in the first instance by amicable agreement after discussion with BabyBjörn’s Customer Service.
11.2 A dispute involving the construction or application of these Terms should be construed in accordance with English law and be decided by a court of law in England (or in your local court if you are resident in Wales, Scotland or Northern Ireland).
11.3 In addition, the Customer may instead choose to settle the dispute by ADR procedure by submitting a complaint to the ODR platform http://ec.europa.eu/odr. More information about the ADR procedure is available on the ODR platform. BabyBjörn accepts that a dispute is decided by the ADR entities that are competent to deal with the complaint. In the event of a dispute, BabyBjörn will follow the decision from the ADR entity.