TERMS AND CONDITIONS FOR ORDERS PLACED VIA THE BABYEZE WEBSITE OR BY TELEPHONE
These are the Terms & Conditions for sale of goods of Babyeze. These terms will apply to all purchases of goods when you order via our website (https://www.babyeze.co.uk/) or by telephone. Any orders placed are strictly in accordance with these Terms & Conditions you agree to be bound by.
1. DEFINITIONS & INTERPRETATIONS
In these conditions:
1.1 “Customer” means a person acting as a consumer, who is purchasing goods;
1.2 “We” means Babyeze, the supplier of purchased goods;
1.3 “You” means the customer, submitting an order for goods;
1.4 “Goods” means the goods to be supplied under these conditions;
1.5 “Party” means either you or us “Parties” means you and us;
1.6 “Writing” means letter or email.
2. ORDER PROCESS
2.1 The contract for supply of goods (Contract) will be formed when we accept your order. Acceptance of an order for goods by us can only be made in writing.
2.2 In order to counter internet fraud payments, our website will be managed online with the banking organisations concerned through the facilities offered by PayPal. This company is responsible for holding and automated handling in a secure environment the information relating to teach order, including card details. All orders are security checked to prevent any fraudulent transactions and on occasions you may be asked extra security questions prior to goods being dispatched.
2.3 We take reasonable care in ensuring that all material contained on our website is accurate and up to date at the time it is posted. None of the information on our website is to be relied upon as a statement or representation of fact. All images, illustrations and descriptions are for information only.
2.4 When placing an order for the first time you will be required to register with us. This can be performed by clicking here.
2.5 Before you submit your order you will be given the opportunity to: review your selection, check the total price of your order and correct any input errors. We will acknowledge receipt of your order by sending a confirmation email.
2.6 The sale will only be binding on us once we have notified you that the goods have been dispatched. This means that if goods are shown on our website but are not available or are incorrectly priced or otherwise incorrectly described we shall not be obliged to sell you such goods.
3. PRICE & PAYMENT
3.1 The price of goods you order will be notified to you by writing after you place your order or shown on the website before you confirm your order. All prices are in GBP – British Pound and inclusive of VAT.
3.2 Your card will be debited at the time your order is placed. In the event that the sum due from you cannot be debited for any reason the sale will be cancelled immediately.
3.3 If an error is found in the price of goods you have ordered within 5 days we will inform you as soon as possible and offer you the option of reconfirming your order at the correct price or cancelling your order. If you cancel we will refund or re-credit you for any sum that has been paid by you or debited from your card for the goods. Should purchase be made with a credit card the bank fee will not be refunded.
4.1 You have the right to cancel your order by completing an online return form RMA. If you exercise your right of cancellation after the goods have been dispatched or delivered to the delivery address you will be responsible for returning the goods to us as soon as possible with full order and id details at your own cost to: Babyeze Ltd,. 514 Brompton Walk, Lakeside Shopping Centre, West Thurrock, RM20 2ZP. Goods returned will be refunded less our shipping costs. It is your responsibility to obtain proof that the goods have been returned to us via recorded delivery.
4.2 Once an order has been placed for furniture the deposit will be non refundable.
5.1 For goods ordered to the UK your order will be delivered between 07:30 and 19:30. Delivery will be made by myHermes or DPD. 'Standard' shipping is within 3 business days, 'Next Day' is within the next business day, 'Weekend' is during the weekend and 'Weekend By 12' is during the weekend by 12:00. If a mobile number and email address is provided a SMS text message and email will be sent at poiint of dispatch confirming the consignment tracking number. You may track the order by the following links: myHermes and DPD.
5.2 For goods ordered internationally delivery dates and times will be confirmed in writing. If applicable a tracking link will also be provided.
5.3 You must inform us in writing of any shortages/damages to items received within 24 hours of receiving the goods. (Note: for overseas deliveries, excluding Ireland, no insurance for damage or loss is provided for goods once they leave the UK). A premium will be offered for international delivery insurance.
5.4 All deliveries must be signed for. Our couriers will make two attempts to deliver your order to our address or a previously specified neighbour. If there is no person at the address given to accept delivery of the goods you will be carded requesting contact is made with the depot holding your goods to arrange an alternative delivery date or to collect goods from the depot. If no contact is made with the depot goods are automatically returned back to us and we will charge for cost of re-delivery. If at this point you refure delivery or wish to cancel, your order will be deducted by the re-delivery fee from the refund due once goods have been returned intact to Babyeze.
5.5 No delivery will take place unless payment for the goods has been received. Every effort will be made to deliver the goods as soon as possible, after full payment has been accepted. Any delivery date or time specified by us is an estimate only and we will not be liable for any loss or damage suffered by you through any reasonable or unavoidable delay in delivery.
5.6 Ownership of the goods and the risk for damage to the goods pass to the Customer upon delivery. We shall repair or replace free of charge any goods damaged in transit where delivery has been made by our carrier, provided that you give us written notification of such damage within 24 hours of the delivery date. Goods are independently inspected before an exchange/refund can be offered and this procedure can take up to 20 days.
5.7 We cannot accept liability for any delays in delivery that are beyond our control. We will not be liable to you by way of representation for any losses which are not reasonably foreseeable by both parties when the contract is formed arising in connection with the supply of goods and related services or their use by you.
5.8 Delivery of furniture can take between 3-6 weeks from date of ordering and the deposit will be non refundable in any case. The respective supplier will contact you to organise a suitable delivery and assembly date (if assembly is applicable) after payment has been completed in full.
6. EXCHANGE OR REFUND OF GOODS
Within 14 days following delivery of the goods you may choose to:
6.1 Request a full refund of your item(s) if it is in original packaging, labels still attached such that it is in a resealable condition. If the product being returned is due to a change of mind or incorrect selection, shipping costs must be covered by the Customer. Upon delivery and inspection of the goods a refund will be issued to the same card as was paid. The return address is Babyeze, Lakeside Shopping Centre, 514 Brompton Walk, West Thurrock, Essex, RM20 2ZP.
6.2 If an exchange is required no re-delivery can take place until we have received the returned goods from the Customer. An extra delivery charge is also payable where applicable. It is the Customer's responsibility to obtain proof that the goods have been returned to us via recorded delivery. We reserve the right to refuse an exchange if goods are not returned in an acceptable condition.
6.3 Furniture is non returnable; unless damaged which must be addressed in writing with photographic evidence. Babyeze reserves the right to replace the faulty item in its entirety or provide spare parts based upon supplier recommendations.
6.4 Without prejudice no refund or exchange will be given for: embroidery, baby bottles, dummies, maternity wear, nappies, toiletries, self assembly furniture once fully or partially assembled, curtains and bedding once removed from packaging. We advise measurements are taken prior to ordering of any furniture or curtains.
7. RETURN OF DAMAGED GOODS
If your item develops a fault within 28 days we can arrange for a refund. We must be informed within 7 days for collection to be arranged in all original packaging. We strongly advise all original packaging is kept for up to six months. If a fault develops after 7 days the item then the cost for delivery must be paid by the Customer. Any problem found within 28 days will be decided by the customer service team and thereafter by the manufacturer's warranty. Once the goods have been inspected by the respective supplier we will arrange for the repair or replacement, as advised by the manufacturer. If the fault is found to be due to normal wear and tear, misuse or accidental damage you will be held responsible for the full cost of repaid and shipping charges.
Under the distance selling regulations set by the OFT we will refund within 30 days any sum that has been paid by you or debited from your credit card for goods.
9.1 Babyeze offers a warranty in accordance with that provided by the supplier. We advise the warranty for purchased goods is confirmed in writing prior to purchase. The warranty commences from the day of delivery and we suggest all original packaging is kept.
9.2 Babyeze strongly advise a full demonstration of all products. We cannot be held responsible for any damages as a result of incorrect assembly or mis-handling of the product during assembly or use. Any replacement parts required as a result of this will be chargeable as advised by the respective supplier.
10. FREE GIFTS/PROMOTIONAL ITEMS
Free gifts and any promotional items offered are strictly subject to availability and form no part of the contact between the parties. We reserve the right to withdraw any gifts or offers without any prior notice.
If there is a dispute we cannot settle by direct negotiation, this will be finally determined by the English courts, in which you agree to submit to the jurisdiction of those courts.
12. DELAY OR FAILURE TO PERFORM
We shall not be liable to you if we are for any reason prevented or delayed in the performance of any of our obligations to you if this is due to any cause beyond our reasonable control including without limitation: an act of God, explosion, extreme weather conditions, flood, fire or accident, war or civil disturbance, strike, industrial action, stoppages of work, terrorism, a third party act or omission, failure of our supplier(s) in difficulty in obtaining materials and/or labour/deliveries, failure by you to give us a correct delivery address. We will inform you of any such unforeseen event and should this interruption continue beyond a period of one month you will be entitled to cancel the order and a refund will be made in accordance with clause 7 and 8 of these conditions.
13. GOVERNING LAW
These terms and the contract between us are governed by the English law. Nothing in these terms and conditions affect your statutory legal rights.