BAIBAT.COM TERMS AND CONDITIONS
A. INTRODUCTION
The term Website includes all material / content whether written or images relevant to the purchase of Goods identified in this Website. If you have any questions regarding the Website or these terms and conditions, or in the unlikely event that you have any complaints about any Goods (as defined below) purchased by you from the Website you can contact us at shop@baibat.com.
B. USE OF WEBSITE
1. These terms and conditions and any policies / statements of practice referred to in the website (including but not limited to Payment, Deliveries and Returns and Privacy) (together the "Terms & Conditions") apply to your use of and access to the Website, including all orders submitted by you for any Goods or services made available by us for purchase over the Website. By accessing this Website you agree to these Terms & Conditions.
2. Please note that these Terms & Conditions do not affect your statutory rights as a consumer. For more information on your statutory rights, contact your local Trading Standards Office or Citizens Advice Bureau or the equivalent if any in your country.
3. We may change, withdraw, or suspend access to the Website (in whole or part and permanently or temporarily) with or without notice and with no liability to you.
4. The Website may include links to other websites or resources (“Third Party Websites”). We have no control over the content of Third Party Websites and you agree that, should you access a Third Party Website using a link from the Website, we are not responsible for the availability of the Third Party Websites, and are not liable in any way for the content of Third Party Websites, including (without limitation) any goods or services available from such Third Party Websites, other advertising or content on such Third Party Websites or the use that such Third Party Websites make of your personal information. Furthermore we will not be responsible for any offence, damage or loss caused by or connected to the use or reliance on such Third Party Websites or the content thereon.
C. PURCHASE OF GOODS
1. Acceptance of Orders
1.1 All information on the Website is an invitation to treat only and is not an offer or unilateral contract. You agree that your order is an offer to purchase the Goods listed in your order, which includes Bespoke Goods, ("Goods") from us on the Terms & Conditions. All orders submitted by you are subject to acceptance by us. We may choose not to accept your order in our discretion for any reason whatsoever without liability to you. Examples only of when we may not accept your order are as follows:
a) If Goods are shown on the Website but are not available or are incorrectly priced or otherwise incorrectly described;
b) If we are unable to obtain authorisation of your payment; or
c) If shipping restrictions apply to the Goods ;
1.2 After submitting an order to us, we will, if the order is accepted by us, send you an order acknowledgement email with your order number and details of the Goods you have ordered from us and details of the delivery arrangements.
1.3 Orders can also be placed by telephone in English with us on 44 (0) 208 460 7704.
1.4 While all the Goods sold through the Website will always correspond with their description, variations in both the manufacturing processes we use and also the display properties of the computer hardware you use to view the Website may mean that the colours, fabrics and designs of the Goods displayed on the Website and the Goods delivered to you may differ in appearance in minor respects.
2. Prices
2.1 All prices of Goods on the Website are the price for the Goods only. They include any VAT or other sales tax payable in the UK but not outside of the UK. Quoted prices do not include the charge by us for delivery to you.
We are not responsible for any tax, duty or other costs and charges which you may incur outside of the UK. You will be responsible for payment of any such import duties and taxes. You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
2.2 We may vary the prices of Goods listed on the Website at any time and without any notice but such changes will not apply to Goods in respect of which you have been sent an order acknowledgement email.
3. Payment
3.1 We accept Visa, Visa Electron, Mastercard and Maestro. All credit card details are entered on a secured SagePay page and they are transferred using SSL. You can choose to pay with PayPal. When selecting this option at checkout you will be directed to the PayPal site to “Log In” and review the amount shown before clicking “Pay Now”. Once the transaction is complete you will then return to website.
3.2 The total cost of your order will be the purchase price for the Goods (which you pay to us) plus any delivery charges (which we receive from you). Find out more about Deliveries & Returns.
3.3 All credit/debit cardholders are subject to validation checks and authorisation by the card issuer or our payment agent. If the issuer of your card or our payment agent refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
3.4 We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or our payment agent as a result of your or our payment agent processing of your credit/debit card payment or other method of payment in accordance with your order.
3.5 If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Website, the final price may be charged in the currency of your card. Such final price is calculated and charged by your card issuer or bank or our payment agent and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or our payment agent charging you in a different currency other than the currency of your purchase as displayed on the Website.
3.6 For your security, the billing name and address must match the credit card or other method used for payment. We reserve the right to cancel any order that does not comply with this or with our other security criteria.
3.7 Should your order be subsequently not accepted as contemplated by Paragraph C1.1 your bank / your card will be, as soon as practicable, re-credited with the amount charged.
3.8 All orders are placed with us in the UK, therefore your card issuer or payment method provider may apply other international bank charges. In addition, if your credit/debit card or other method of payment is not denominated in the currency of your purchase, the final price will be charged in the currency of your card. This will be calculated and charged by your card issuer. We have no control over these charges and cannot predict the amount. Please contact your issuing bank for further information before placing your order.
4. Delivery, Title And Risk
4.1 Delivery will be provided by our preferred courier. Orders will be sent to the delivery address that you have given on your order form.
4.2 When you have selected your preferred delivery method from those offered for your selected delivery destination and provided your order has been accepted by us, your order shall be processed by us. We will without guarantee endeavour to despatch your order in accordance with the Deliveries & Returns. There may be additional restrictions or exclusions in respect of specific addresses in countries to which we deliver. These may change from time to time. We shall endeavour to notify you of such restrictions but this may not be possible until we have received your order.
Your sole remedy for any failure by us to despatch your order in time for delivery within the relevant estimated dispatch times for your order and selected delivery method shall be your right to cancel the relevant order and receive a full refund of any monies paid to us in respect of that order. Once dispatched we are not responsible for the actions or inaction of third parties.
4.3 Title in the Goods will pass to you on the later of:
a) the date on which we receive payment in full for such Goods; and
b) the date and time of despatch of such Goods
4.4 Once Goods have been despatched, on your behalf, all risk of damage to, or loss of, the Goods shall pass to you.
5. Cancellation and Returns
5.1 Should you wish to cancel or return any Goods, you may only do so in accordance with our returns and cancelation policy see Deliveries & Returns.
5.2 Where you return Goods in accordance with the Terms & Conditions relating to returns & cancellation and that return has been accepted by us, we will issue you with a full refund but you will need to return the Goods to us at your own cost (if you have already received the Goods). Where you have paid any duties or taxes directly to the relevant authorities on the importation of the Goods you wish to return, we shall have no liability in relation to any claim for a refund of such duties or taxes from the authorities or whether or not such a refund is possible.
5.3 Please note that you will not be entitled to cancel or return Bespoke Goods (as defined below) or personalised Goods other than in accordance with your statutory rights.
D. BESPOKE GOODS
1. The Bespoke Terms & Conditions in this Paragraph D apply to your use of the area of this Website designated Bespoke Goods and any purchase of Bespoke Goods (as identified below) and apply in addition to, and in the event of any conflict take precedence over, the Terms & Conditions set out in Paragraph C.
Creating your Bespoke Goods
2. Given our own contribution to your selection of Bespoke Goods you will be required to select from a number of different options provided by us in order to create Goods to your specification (your “Bespoke Goods”).
3. Given our contribution to your selection of Bespoke Goods you hereby acknowledge our sole and exclusive right, title and interest in any and all intellectual property rights in your Bespoke Goods and you further acknowledge and agree that all intellectual property rights (including, without limitation, copyright, design rights and other rights of a similar nature in any jurisdiction) in your Bespoke Goods shall, by operation of law, belong to us and that you hereby undertake to execute, or arrange to have executed, any and all documentation required to vest all such rights in and to us if and when required by us. Until such time, you hereby assign the same to us with full title guarantee by way of a present assignment of future rights. To the extent such transfer and assignment is not valid, you hereby grant to us an exclusive, perpetual, royalty-free, fully paid-up licence to use, copy, distribute, reproduce, exploit, modify, alter and/or disclose the design of your Bespoke Goods for any purpose whatsoever and waive and agree not to enforce any such rights which you may have or have had.
4. You agree that you shall have no claim against us or any other party in the event that Bespoke Goods that are the same or similar to your Bespoke Goods are designed, used, or created by us or any other person or made available to the public.
E. GENERAL
1. Intellectual Property
1.1 All content (including, but not limited to, logos, text, data compilations, graphics, icons, images, photographs, and software, and any combination thereof) available on the Website (the "Content"), is owned by us, and is protected or shall be treated by you as being protected by applicable copyright laws. All such rights are reserved.
1.2 Our trade mark as well as all trademarks, whether they are figurative or not, and all other marks, trade names, service marks, brand names, business names, illustrations, images, logos which appear on our Goods, Website, accessories or packaging, whether registered or not (the "Trade Marks"), are and remain our exclusive property and are protected or shall be treated by you as being protected by applicable trade mark laws. All such rights are reserved.
1.3 All other intellectual property rights (including, without limitation, registered or unregistered trade marks, logos, designs, copyrights, patents, know how or trade secrets) in or related to the Website, the Goods depicted and/or available on the Website and any accessories, stationery, packaging or ancillary items connected to such Goods, your order or the Website (the "Intellectual Property Rights") are and shall remain our exclusive property and/or shall be treated by you as being our exclusive property and such Intellectual Property Rights are protected by applicable intellectual property laws or shall be treated by you as being so protected. All such rights are reserved.
2. Content
We endeavour to ensure that the information posted by us on the Website is accurate and complete. We do not, however, guarantee that the content or any other information available on the Website is accurate and/or error free, we do not promise that the functionality of the Website or content will be error free or that the Website, content or the server that makes it available are free of viruses, malicious code or other components which are potentially harmful.
3. Limitations of Liability
3.1 We will not be liable, in each case, whether in contract, in tort (including, without limitation, negligence or breach of statutory duty), or otherwise however arising out of or in connection with these Terms & Conditions for any:
a) economic losses (including, without limitation, loss of income, revenues, data, actual or anticipated profits, contracts, business, opportunity or anticipated savings); or
b) loss of goodwill or reputation; or
c) special, indirect or consequential losses or damages suffered or incurred by you arising out of or in connection with these Terms & Conditions.
3.2 Subject to Paragraph E3.1 our aggregate liability under these Terms & Conditions whether arising under contract, tort (including negligence) breach of statutory duty or otherwise shall in no event exceed 100% of the price of the Goods you have ordered from us.
5. Data Protection
By placing an order you agree and understand that we or our agents (payment agents or otherwise) may collect, use, store and process your personal data in accordance with our privacy statement. We fully respect the privacy of individuals who access and use the Website. For details on the manner in which we use the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see Privacy.
6. Amendments to these Terms
We reserve the right to make changes to these Terms & Conditions at any time, to be effective from the date of publication on this Website. You, and any contract of sale between us, will be subject to the version of these Terms & Conditions in force at the time you order the Goods in question from us.
7. Events Beyond Our Reasonable Control
We will not be held responsible for any delay or failure to perform or comply with our obligations under these Terms & Conditions if the delay or failure arises from any cause, which is beyond our reasonable control.
8. Severance
Each provision of these Terms & Conditions shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and not affect the enforceability of any of the other provisions of these Terms & Conditions.
9. Governing Law and Jurisdiction
These Terms & Conditions and all transactions relating to the Website and the purchase of the Goods are governed by English law and you, and we, hereby submit to the non-exclusive jurisdiction of the English courts.
10. Entire Agreement
These Terms & Conditions and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any contract.
11. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on the Website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
12. Notices
All notices given by you to us must be sent to customercare@baibat.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in Paragraph E11. Notice will be deemed received and properly served by us immediately when posted on the Website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient for us to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
F. PRIVACY
This privacy statement explains what personal information we collect, how and when it is collected, what we use it for now and how we will use it in the future and details of the circumstances in which we may disclose it to third parties. If you have any questions about the way in which your information is being collected or used which are not answered by this privacy statement and/or any complaints please contact us by email.
By visiting and using the Website for the purchase or sampling of products from us (as applicable) you acknowledge that you have read, understood and consent to the practices in relation to use and disclosure of your personal information described in this privacy statement and our Terms & Conditions.
1. What Information do we Collect and how will we use it?
1.1 When you place an order with us or send us an enquiry, we (and/or our agents, as the case maybe) will collect certain personal information from you, for example, your name, postal address, phone numbers, e-mail addresses and credit card numbers. We (and / or our agents, as the case maybe) may also obtain information about you as a result of authentication or identity checks. We (and / or our agents, as the case maybe) use this information to identify you as a customer, to process your order, to deliver products, to process payments, to update our records, to enable your use of interactive features of our service and to generally assist in your dealings with us and if you have consented, to provide you with information by post, e-mail, mobile messaging, telephone communications and/or through any other electronic means including social network platforms about our products, events, promotions and services. We may also use this information to tailor how our website appears to you and to tailor the contents of our communications with you, so as to make the website and those communications more relevant to you.
1.2 We may also at times ask you for other information, for example product size and category preferences, age and any special dates (such as birthday and anniversary) which will be used to enhance our service to you. Providing us with this information is entirely voluntary
1.3 We may collect statistical information about site traffic, sales and other usage related information which we may pass on to selected third parties. These statistics do not include any information which can identify you personally.
1.4 We may also use your personal information for our internal marketing and demographic studies, together with non-personal data to analyse, profile and monitor customer patterns so we can consistently improve our products and services and understand what may be of interest to you and other customers.
1.5 We will at all times seek to comply with the requirements of UK Data Protection Act, 1998 (the "Act") and any applicable laws and regulations to ensure that the personal information you give us is kept appropriately secure and processed fairly and lawfully. Your data will be held and managed by us (and / or our agents, as the case maybe) and we /they will act as Data Controller for the purposes of the Act.
2. Retention and Deletion of Personal Information
2.1 We shall only keep your information as long as you remain an active customer and for 3 years afterwards or as otherwise required by law.
2.2 If you wish to request the deletion of your personal details, or wish to change your preferences at any time please contact us.
3. Other People who might use your Information
3.1 In certain circumstances we may share your information with affiliated business, joint ventures, franchisees, licensees and selected service providers who perform functions on our behalf such as fulfilling orders, processing payments, and carrying out promotional services or data management. This includes (without limitation) the companies we have chosen to handle our order despatch service, any delivery company and our payment agent that we may use from time to time. We may also share your information with other companies who assist us in promoting our products and services in order to provide you with enhanced customer services and/or share information about our products and services with you. In each case, we will only provide these companies with the information which they need to carry out their services and we will endeavour to ensure that they will not use the information for other purposes. Although they will only be allowed to use your information in the way in which we instruct them and as permitted by the Act we cannot be responsible for any breaches by them.
3.2 You also acknowledge and agree that in certain circumstances we may disclose personal information relating to you to third parties, for example, in order to conform to any requirements of law, to comply with any legal process, for the purposes of obtaining legal advice, for the purposes of credit risk reduction, to prevent and detect fraud and/or to protect and defend our rights and property. At all times where we disclose your information for the purposes of credit risk reduction and fraud prevention we will endeavour to ensure that it remains secure.
3.3 We may transfer information that we collect from you to affiliated businesses, including our joint ventures, franchisees, licensees, other companies who assist us in promoting our products and services and to selected service providers who perform functions on our behalf, based in countries outside of the European Economic Area ("EEA") or your country of residence and this information may be stored and processed in such countries. By submitting your personal data on the Website you agree to this transfer, storing and/or processing outside of the EEA or your country of residence. In the event that we do transfer, store or process your personal data in a country outside the EEA we will endeavour to ensure that the information is treated securely in accordance with this privacy statement and the Act, and other applicable data protection laws.
4. Changes to Privacy Terms & Conditions
We may update this privacy statement from time to time. The amended privacy statement will be posted on the Website. Please check this page regularly for changes to this privacy statement. If you continue to use the Website or if you submit information to us following such changes, you will be deemed to have read and agreed to them.
5. Security Statement
Unfortunately transmission of information via the Internet is not completely secure. Although we do our best to protect your personal data we cannot guarantee the security of your data submitted to us and any transmission is at your own risk.
G. DELIVERIES & RETURNS
1. Our Delivery Policy
1.1 Please note that we aim to despatch all orders within 5 working days. Whilst we do our best to keep items in stock, this is not always possible and sometimes delivery may take longer. If we estimate an item will take longer than 10 working days we will contact you by email and give you the option to cancel or amend your order if you wish.
1.2 When you place an order, we suggest you have it delivered to a work address rather than a home address, as the courier companies we tend to use only deliver within working hours and will require a signature for any Goods delivered. Upon dispatch by us, responsibility for your purchased Goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then it is your responsibility to ensure that the Goods can be accepted.
1.3 Dispatch times are estimates and commence from the date of acceptance of an order. This is a guide only and is also subject to approval of payment of your order. Dispatch can take longer than expected due to customs clearance procedures in certain countries.
1.4 If you require your Goods urgently then please contact us on +44 (0) 208 460 7704.
2. UK Delivery
Delivery is free on all UK orders and all parcels are sent using our preferred courier’s express service for next day delivery. Once your item(s) has (have) been despatched, we will send you an email with the courier’s details including their tracking information. The courier will deliver your parcel between 9am and 6pm. If you are not around to accept your parcel, the courier will leave a calling card to tell you how to arrange for the parcel to be redelivered. Alternatively, you may leave a note for the courier clearly stating a safe place to leave the goods, and you must ensure you have signed that note. Unfortunately, we are not able to deliver to a PO BOX address, so please submit an alternative address when ordering.
3. International Delivery
3.1 Delivery is charged at £15 for orders within Europe, and £30 for the USA and Canada, and the rest of the world. Once your item(s) has (have) been despatched, we will send you an email with the couriers tracking information. The courier will deliver your parcel between 9am and 6pm. If you are not around to accept your parcel, the courier will leave a calling card to tell you how to arrange for the parcel to be redelivered. Unfortunately, we are not able to deliver to a PO BOX address, so please submit an alternative address when ordering.
3.2 Any customs or import duties are charged once the parcel reaches its destination country. These charges must be paid by the recipient of the parcel. We have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country. You should contact your local customs office for further information.
4. Our Returns Policy
4.1 If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel/refund your order with us, provided you give us written notice within 7 working days. In the case that you decide to return your order we will issue you with a full refund; however you will need to return the entire order at your cost if you have already received the Goods. In all cases, the Goods must be in their original condition and will be inspected on their return. If we do not receive the cancelled order back, we may arrange to have them collected at your cost.
4.2 If you decide to cancel your order with us, you must let us know, quoting the order number, by email to: shop@baibat.com
4.3 In addition to the Distance Selling Regulations, you can return any item within 10 days of receipt if you are of the opinion that the Goods are damaged or defective in some way which is attributable to us. Where we accept that to be the case, we will refund the monetary value of the Goods returned to us, at the price you purchased them.
4.4 In all cases, you are responsible for returning the items to us safely and in their original condition, which includes any packaging. All Goods will be inspected on return. Please include in your package the returns note, stating the reason for return or we will be unable to process your refund/exchange.
4.5 We strongly advise that you get proof of posting and adequate insurance from the postal service you choose, as we can only refund or exchange on receipt of the Goods where these Terms & Conditions have been satisfied. The Goods are your responsibility until they reach us. Please ensure you package your return to prevent any damage to the items or boxes. We are not responsible for any items that are returned to us in error.
This does not affect your statutory rights as a consumer.