DELIVERY & ASSEMBLY
As a leading baby and smart's furniture provider, privacy and data protection are of the utmost importance to Babios and its subsidiaries.
Babios will use and disclose information only in accordance with the terms of this Privacy Statement.
"Carrier" means the delivery courier, carrier or transport company engaged by the
deliver the goods to the Buyer;
"Checkout" means the steps the Buyer must complete in order to complete an order and make payment for the Goods;
"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
"Contract" means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
"Goods" means the articles that the Buyer agrees to buy from the Seller;
"Payment Gateway" "means the method selected by the Buyer to pay for the Goods on the Website";
"Price" means the VAT inclusive price stipulated for the Goods on the website at the time the Buyer makes an order to buy the Goods;
"Shopping Basket" means the electronic Shopping Basket used on the Website to display the Goods the Buyer wishes to buy;
"Made-to- Order Goods" means goods that have been made specifically to the Buyer's specification. The Buyer will be notified that such goods are Made-to- Order prior to the Contract being made.
"Terms and Conditions" means the terms and conditions of sale set out in this agreement and any special terms and conditions agreed in writing by the Seller;
"VAT" means Value Added Tax at the current UK rate in force at the time the Buyer makes an order or pays for the Goods;
"Website" means Babios website at http://www.babios.co.uk.
"We, Our, Us" means Babios Ltd (Company Reg: 10459905), that owns and operates Babios website at http://www.babios.co.uk;
"You, Your" means the individual or organization who buys or agrees to buy the Goods from Us.
Nothing in these Terms and Conditions shall affect your statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by Us to You and shall prevail over any other documentation or communication made between you and us.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of your acceptance of these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing between you and us.
Any problems or queries should be sent to Babios Ltd, 1, Eley Estate, Thornton Road, London N18 3BA or by email to email@example.com.
Every reasonable effort is made to ensure that product descriptions are as accurate and
date as possible; however we reserve the right to amend, add or remove products at any time
without notice. Please note that all products are also subject to availability. If an order
for an item which is not available, we shall contact you to advise of this and to discuss
you wish to amend or cancel your order.
Dimensions of products are provided to Babios by suppliers and are displayed by us in good faith; however, these are for guidance only. Please measure the area into which the product will be placed and any means of access to that place before placing an order. If your measurements suggest that there is no ample clearance for the product, you should contact us for precise dimensions before ordering, so that we can double check dimensions with the supplier.
PLEASE NOTE: We cannot provide refunds for products that do not fit into the required space; this is why we request you contact us if you need precise measurements.
All orders for Goods shall be deemed to be an offer by you to purchase Goods pursuant to
Terms and Conditions and are subject to acceptance by us. We may choose not to accept an
order for any reason.
Except as set out below at 4.4 below, acceptance of your order will take place at the point we dispatch the Goods to you. Before dispatch there is no Contract between You and Us.
In the case of Made-to- Order Goods, acceptance of your order takes place when we contact you by email to confirm that your Order has been accepted. The Contract between You and Us will be effective from this time. Please note that Made-to- Order Goods cannot be cancelled once we have accepted Your Order.
Please note that we reserve the right not to accept any order made at any time before it is accepted and without giving our reasons for non-acceptance. We shall endeavour to notify you of non-acceptance as soon as reasonably possible.
The Price of the Goods shall be that stipulated on the Website at the point you confirm your
order. Please note however, whilst we shall make every effort to ensure that Prices are
errors can sometimes occur. If such an error does occur we shall contact you as soon as
to inform you of the error and to give you the option of proceeding with the Order at the
correct Price or cancelling. The Price is inclusive of UK VAT but excludes delivery charges.
total purchase price including VAT and delivery charges will be displayed in Your Shopping
prior to confirming the order.
After the order is received we shall confirm by email the details, description and price for the Goods together with information on any rights you may have to cancel if you are a Consumer.
Payment of the Price including VAT and delivery charges must be made in full before dispatch of the Goods; however, unless the Goods are Made-to- Order, receipt by us of your payment does not constitute acceptance of your Order and you are therefore free to demand a refund at any point prior to Our acceptance of Your Order.
Credit or Debit Card - using Sage Pay Secure Payment facility, which is fully PCI compliant
validated by HSBC bank via security metrics third party company.
PayPal - using PayPal Secure Payment facility.
Cheque - UK cheques only.
Bank transfer; please contact us for bank account details firstname.lastname@example.org
We reserve the right to periodically update prices on the Website, which cannot be
for any period of time. We shall make every effort to ensure prices are correct at the point
which you place an order.
We reserve the right to withdraw any goods from the Website at any time.
We shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
Except as already set out in clause 3.2 regarding the dimensions of products, we warrant that the Goods will at the time of dispatch correspond to the description given by us. Except where you are dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded to the full extent permitted by the law, and you are satisfied as to the suitability of the Goods for Your purpose.
Goods can be delivered throughout the UK (and mainland Europe on special request).
The delivery charge will be displayed in Your Shopping Cart at the checkout.
We aim to deliver all Goods within the estimated times shown on the description page for each product on the Website.
For all heavy and bulky Goods You will be contacted by the Carrier to arrange a convenient day and time for delivery.
We shall use our reasonable endeavours to meet any date/time agreed for delivery; however difficulties such as traffic congestion and weather conditions (snow, wind, ice, rain and flood) can sometimes cause delays. In addition, permitted driving hours regulations may force these delays to extend overnight or longer. In any event, time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. Delivery of the Goods shall be made to the main entrance door at your address as specified in the Order and you shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. Please note that you shall be responsible for all additional fees or costs, including storage and re-delivery fees, incurred by us as a result of any failure by you to make the necessary arrangements.
If You have been informed by Us that your order has a 'White Glove Delivery' (for Goods that are fully assembled or require part assembly) the Goods will be taken to the room and position of your choice, unpacked and the packaging taken away for disposal. You will be required to examine the Goods before signing the delivery document. Any flaws or damage must be noted on this document and also reported to the delivery team. If no flaws or damage are recorded in the delivery documentation We will be unable to accept a claim for replacing the Goods. If you are unwilling to have the packages opened and do not wish to inspect the Goods whilst the delivery team are present we will unfortunately be unable to accept any claims for damage or flaws. If you ask someone to accept the Goods such as a concierge or neighbour then you must make them aware that they are to inspect the Goods fully and record any issues on the delivery document as they will be acting on your behalf. If there are flaws or damage recorded on the delivery documentation you must contact Us by telephone or email (email@example.com) and report it to us without delay. Please provide Us with photographic evidence of the issues that you are reporting.
You warrant that delivery access is reasonable and suitable for the Goods ordered. If you think a large vehicle may have difficulties reaching the address, this could be due to, for example, tight corners, narrow roads, low trees, cables or building overhangs; please let us know in advance and we can agree an alternative destination in advance. Please note that it is your responsibility to ensure that the Goods purchased can pass through doorways, hallways, rooms and staircases and that they are free from all obstacles. If you fail to disclose access problems prior to the delivery being attempted, you shall be responsible for all additional fees or costs, including storage and re-delivery fees, incurred by us.
Please make proper provisions to ensure that your property, including furniture, furnishings, carpets and flooring are protected for the delivery to take place. The delivery staff is required by law to wear protective footwear at all times. They are not allowed to remove footwear when unloading the vehicle, gaining access to the property or carrying furniture into the property.
We do not accept responsibility or liability for any marks or damage that may have been caused by delivery staff, to customer's property as a result of your failure to make proper provisions.
Title and risk in the Goods shall pass to you upon delivery of the Goods.
Damaged or otherwise Goods not in conformity with the Contract we endeavour to ensure that
you're Goods reach you in good condition; however damage can sometimes occur in transit.
so we need to know about this as soon as possible. You will therefore be given the
to inspect the Goods upon delivery. Please inspect the Goods immediately upon delivery for
signs of damage and report this immediately to the delivery driver. Please also inspect the
Goods immediately upon delivery and satisfy yourself that the Goods match their description.
You shall be asked to complete the delivery documentation to indicate whether you wish to
accept the Goods; or if not your reasons why not, which should be noted on the delivery
If your delivery is a "white glove" delivery for Goods which are fully assembled or require part assembly You will be required to inspect the Goods whilst the delivery team are present and note any flaws or damage on the delivery documentation. If You ask someone else to sign for the Goods they will be doing so on Your behalf and must make a thorough inspection of the Goods. If there are no flaws or damaged noted on the delivery documentation We will be unable to accept a claim for replacement of flawed or damaged Goods.
If there are flaws and damage recorded on the delivery documentation. You must then contact us by telephone or email (firstname.lastname@example.org) to report it to us without delay. Please provide us with photographic evidence of the damage or flaws that You are reporting.
In the case of Goods which are self-assembly a full inspection is not required on delivery, however please inspect the Goods within 48 hours of delivery and notify Us of any damage or flaws. Where inspection is not possible upon delivery, please inspect the Goods immediately after delivery and notify Us by email or telephone within 48 hours of delivery if the Goods are damaged. Please provide Us with photographic evidence of any damage as this will ensure that We are able to remedy the problem more promptly.
In the case of Goods which are self-assembly, please check that You have all parts specified in the inventory provided and assembly instructions before you attempt assembly. If any parts are missing or damaged or You do not have the assembly instructions you must contact Us before You attempt assembly, by email or telephone as soon as possible with details of the missing parts and, where appropriate, a photograph of the damaged part. Where appropriate we shall send you a replacement part as soon as possible. Please note that we cannot provide refunds on the basis solely that a part is missing or damaged. Please also note that we cannot give refunds on self-assembly Goods which have been damaged by You during assembly.
We want you to be happy with your Goods so please try them out. It is important that you do this as soon as reasonably possible. Please report any concerns you have to us as soon as possible by telephone or email. If we do not hear from you within 14 working days from the date the Goods were delivered you shall be deemed to have accepted the Goods.
Where you have the right to reject the Goods on the grounds that they are not in conformity with the Contract (e.g. do not match description, not of satisfactory quality) and you exercise that right, we shall be responsible for the recovery of the Goods from You. You shall be entitled to a full refund (including delivery costs) or exchange if the Goods are found to be damaged, defective or otherwise do not conform with the Contract when examined in our warehouse, provided that the damage has not been caused by You.
Where you exercise the right to reject the Goods you must take care of the Goods until they are returned to us. Please ensure that the Goods are returned with all parts and the original packaging.
Any matter affecting the quality of the Goods which is specifically brought to your attention before the Contract is made shall not give rise to a right to reject the Goods.
Please note that certain Goods, due to the materials used in their construction, their design and finish, require particular care to be taken to ensure they retain their look and feel. Please ensure that you follow these instructions in order that you get the best from your Goods. If these instructions are not followed then we cannot be held responsible for any consequent loss in quality you experience.
Please note that Made-to- Order Goods (which are otherwise in conformity with the Contract)
are not cancellable. We will inform you if the Goods You has ordered are Made-to- Order.
Please also note that self-assembly Goods (which are otherwise in conformity with the Contract) are only cancellable prior to assembly. Once the Goods have been assembled or partially assembled we will not be able to accept cancellation of the Contract.
Except in the case of Made-to- Order or self-assembly Goods (please see clauses 10.1 and 10.2 above), which have been fully or partially assembled; if you are a Consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing Us by email (to email@example.com) or by post to Babios, 1, Eley Estate, Thornton Road, London N18 3BA, within 14 working days of delivery of the Goods.
Please note that, even after you have cancelled the Contract You must take reasonable care of the Goods until they are received back by us. If you do not take reasonable care of the Goods then we will have the right to recover our losses from you for any damage to the Goods whilst they are in your care. Please retain all parts and the original packaging for the Goods for 14 working days from delivery so that if you decide to cancel the Contract the Goods can be returned to us in their original packaging with all parts. Please note that it is your responsibility to ensure that the Goods reach us safely so please take care of them whilst they are in your possession and make sure they are adequately packaged and insured for the return journey.
Goods (including all parts) must be returned to us at your expense within 14 days of your notice of cancellation and should be adequately packed and insured during the return journey. You will receive a refund of all monies paid for the Goods (including delivery charges, but excluding any additional charges for re-delivery) within 30 days of cancellation.
We cannot accept cancellation in situations including where the Goods have been damaged, personalized, modified, or otherwise used in such a way as would make it impossible for them to be returned to us in the condition in which they were delivered to you.
All returned goods must be sent to: Babios Ltd, 1, Eley Estate, Thornton Road, London N18 3BA. Goods to be returned must clearly show our order number on the package. If you fail to return the Goods to us or attempt to return the Goods to Us at Our expense, we have the right to recover any losses we suffer from you.
Except as may be implied by law where you are dealing as a Consumer, in the event of any
breach of these Terms and Conditions by Us, Your remedies shall be limited to damages which
shall in no circumstances exceed the Price of the Goods and We shall under no circumstances
liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.
No waiver by us (whether express or implied) in enforcing any of our rights under this contract shall prejudice our right to do so in the future.
We shall not be liable for any delay or failure to perform any of Our obligations if the delay or failure results from events or circumstances outside Our reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications, telecommunications or computer system, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and We shall be entitled to a reasonable extension of Our obligations.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
We shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by you upon making a purchase.
These Terms and Conditions shall be governed by and construed in accordance with the law of England & Wales and the parties hereby submit to the exclusive jurisdiction of the English & Welsh courts.