Online Shop Terms and conditions

https://babueco.com

1. 1. Subject matter

This document (hereinafter referred to as “Terms and Conditions”) governs the use of the website http://babueco.com to which you have just accessed, for the purpose of online sale and purchase of products commercialised by OCTAVUS, UNIPESSOAL LDA., with NIPC 510 448 860 and head office in Zona Industrial 11, 2550-171 Cadaval, Portugal (hereinafter referred to as “BABU”).

1. 2. Introductory provisions

1. 1. 1. Use of the website

1. 1. 1. 1. The use of the website, either through simple navigation or to establish a commercial relationship with BABU through its online shop, confers upon you, the condition of the website user. In addition, it implies full and unreserved acceptance of all provisions included in these Terms and Conditions, as well as of other policies (namely, Privacy and Cookies Policy) in force every time you access our website.

1. 1. 1. 2. These Terms and Conditions are applicable to all users of the website, including, without limitation, visitors, customers, and others not specifically identified.

1. 1. 1. 3. The contract proposal relating to the sale and purchase of products commercialised by BABU at its online shop targets only people over 18 years of age with full legal capacity, and who can therefore be held liable for the commitments resulting from the sale and purchase of products commercialised by BABU.

1. 1. 1. 4. If the user does not agree with these Terms and Conditions in its entirety, he should not access the website or its features and services, namely the online shop. Making any purchase through the online shop depends on the acceptance of these Terms and Conditions. Therefore, if the user does not accept them, he will not be able to make purchases through our online shop.

1. 1. 1. 5. The acceptance of these Terms and Conditions by the user is made on his own behalf and/or the organisation he represents (if applicable). When placing orders through our online shop, the user declares that he is over 18 years of age, guaranteeing that he has full legal capacity, as well as the necessary powers to carry out this acceptance. Furthermore, by accepting these Terms and Conditions, the user expressly declares that he will not use the website and its features and services, for prohibited and/or unlawful purposes.

         6. The processing of personal information under the scope of data protection is governed by the Privacy and Cookies Policy of BABU, being the entity responsible for processing personal data.

1. 1. 1. 7. BABU reserves the right to modify these Terms and Conditions at any time and without prior notice. For this reason, the user must consult the Terms and Conditions before each use of the website and its features and services, especially before using the online shop.

1. 1. 1. 8. Without prejudice to the provisions in the preceding sub-paragraph, any amendment to the Terms and Conditions after the Order Confirmation will not bind the user in relation to such order. In this case, the Terms and Conditions in force on the date of each order confirmation must be applied.

1. 1. 1. 9. BABU guarantees the protection of the account within the expected and suitable security measures for platforms such as website and online shop.

1. 1. 1. 10. BABU is not liable for losses resulting from any interference, interruption, computer viruses, failure or disconnection of the operating system that might prevent temporarily website access and navigation or service provision.

1. 1. 1. 11. Under no circumstances, BABU and/or its representatives and employees can be held liable for any damage that may occur, even accidentally, from the website malfunctioning, for any reason and for any length of time in which such malfunction may continue, or for any damage caused by reproduction, use or exploration.

1. 1. 1. 12. The breach of these Terms and Conditions by the user constitutes grounds for its termination by BABU. In any case, the breach of these Terms and Conditions, irrespective of whether its cessation takes place, always entitles BABU to receive a compensation for all losses arising from it. Furthermore, BABU reserves the right, at its own discretion, to terminate the use of the website and its features and services by the user concerned, with or without a notification.

1. 2. Customer Registration on the website

1. 1. 1. Mere access to the website does not require any registration. However, to take advantage of all features and services, namely, to make purchases at the online shop, the user must register.

1. 1. 2. The user must register on the website by creating an account. For this purpose, he must fill out a form in which he should enter, necessarily, a username and email address, and a password.

1. 1. 3. To make purchases at our online shop, the following data will be requested from the user:

1. 1. 1. 1. Full name;

         2. Telephone number and email address;

         3. Address for delivery of products and, if applicable, for invoicing purposes;

         4. VAT number to include in the invoice.

1. 1. 4. The user is responsible for the veracity, completeness and lawfulness of the data provided, either at the time of registration or to make purchases at our online shop, as well as for its updating. In this sense, the user shall be the sole and exclusive liable for any false or inaccurate statements and, consequently, for compensating BABU for any losses suffered because of the breach of this provision.

1. 1. 5. All content inserted in the user’s account, as well as all the activity that takes place therein, are the user’s responsibility. Therefore, BABU does not have the obligation to monitor the content or the (non-)compliance with any user’s liability, namely the fulfilment of obligations to other users or to national authorities.

1. 1. 6. BABU has no access to or knowledge of the user password. For this reason, the user is responsible for ensuring password confidentiality, guaranteeing its safekeeping and proper use. The user is also responsible for compliance with good practice related to the security of his account (in particular, by changing the password regularly and avoiding connections through open public networks). As such, BABU is not liable for any damages arising from the loss or misuse of the password set by the user.

3. Products

1. 3. Product Features

1. 1. 1. The website offers a wide range of products commercialised by BABU at its online shop.

1. 1. 2. All these products are illustrated with images and details of their essential characteristics, being available for purchase by consumers.

1. 1. 3. BABU is not responsible for any discrepancies and/or modifications related to the product information viewable on our website, provided by suppliers/manufacturers, and which appears on the labels thereof.

1. 1. 4. BABU has made every effort to ensure that the information present on the website and its online shop is free of typographical errors. Whenever these occur, BABU will correct them as soon as possible. Likewise, BABU will make its best endeavours to keep up to date the product information contained on the website and its online shop.

1. 1. 5. At any time BABU can modify, delete, or move any information on the website and its online shop without prior notice. Specifically, information about the products, prices, promotions, offers, commercial conditions and services.

1. 1. 6. The user, from now on, expressly accepts and conforms to this:

1. 1. 1. 1. The images presented on the website are only for illustrative purposes. The user should read carefully and fully the information on the essential characteristics of the products described on the website, as well as their ingredients, warnings, and instructions for use. In case of doubt, should contact BABU for additional information by filling out the form available for information requests or emailing us.

         2. Detailed product information and their characteristics/specifications can be obtained from BABU.

         3. All products for sale on the website are subject to existing stock, without prejudice to BABU endeavouring to present updated information regarding the availability of the products included in the shopping cart.

         4. BABU does not assume responsibility for any discontinued items.

         5. The prices and products available on the website are only valid for commercial transactions conducted at the online shop.

1. 4. Total price of products

1. 1. 1. The price of each product commercialised by BABU is duly indicated on the website in Euros, including VAT at the current legal rate.

1. 1. 2. The price of each product indicated by BABU on the website does not include shipping costs by a carrier for delivering the products to the user. These expenses vary depending on the geographic area and order amount:

1. 1. 1. 1. Orders for shipping to Portugal Continental and its Autonomous Regions: 2.95 euros (two euros and ninety-five cents).
         2. Orders for shipping to Spain: 3.45 euros (three euros and forty-five cents).
         3. Orders for shipping to the Member States of the European Union, other than those referred to in paragraphs 1 and 2: EUR 6.95 (six euros and ninety-five cents).
         4. Orders for shipping to other countries in the rest of the world: 9.80 euros (nine euros and eighty cents).
         5. For orders over 30.00 euros (thirty euros), regardless of the shipping destination: shipping costs are borne by BABU.

1. 1. 3. The shipping costs of products, products free of shipping costs (where applicable) and geographical restrictions existing for delivery are presented to the user either when selecting the form of delivery or at the time immediately before the Order Confirmation by him.

1. 1. 4. Although BABU tries to ensure that all prices on the website are correct, errors may occur. If BABU detects any error in the price of products ordered by the user, it will inform it as soon as possible. In that case, BABU gives the user the option of reconfirming the order at the correct price or cancel it. If BABU is unable to contact the user, the order is cancelled, and the amount already paid is refunded in full.

1. 1. 5. The prices of products are subject to alterations by BABU, without prior notice, up to the time of the Order Confirmation by the user, without prejudice to the provisions of the preceding paragraph.

4. Sale and purchase of products: procedure and transaction conditions

1. 5. Selection of products to add into the shopping cart: Step 1

1. 1. 1. The products that the user wishes to purchase are added to the shopping cart by pressing the “Add” button. The number of the desired units and, where applicable, the corresponding colour should be indicated.

1. 1. 2. The items for sale are subject to existing stock, and BABU is not required to market any product that is not available in stock.

1. 1. 3. Once chosen the desired products, the user must select the “Checkout” option and proceed to login or create a new registration, if he is not already registered, in accordance with the “Customer Registration on the website” clause.

1. 1. 4. After login or registration, a list of the desired products, prices and amount payable as VAT, as well as the shipping costs, displays.

1. 6. Indication of invoicing and delivery data and selection of payment method: Step 2

1. 1. 1. To complete the order, the user must enter the invoicing details, fill in the information required for invoicing and shipping purposes, namely:

1. 1. 1. 1. Full name;

         2. Telephone number and email address;

         3. Address for the delivery of the products (post office boxes are not acceptable).

         4. VAT number to include in the invoice.

1. 1. 2. The registration data mentioned above will be requested from the user at the time of the first purchase through the website, being stored for future purchases. Therefore, they will not be requested again, and the user should only log in to the website in the future.

1. 1. 3. The user can choose an alternative address for the purpose of shipping the order, ticking the box in “Send to a different address?” field and entering a different delivery address.

1. 1. 4. Once determined the delivery address, the user should read the “Terms and Conditions” and then, in case of acceptance, tick the available box. The acceptance of these “Terms and Conditions” is an absolute requirement to continue the transaction. The user should immediately print and archive the Terms and Conditions for future reference.

1. 1. 5. The user must then choose the payment method, having available the following options:

1. 1. 1. 1. Bank Transfer: When choosing to pay his order by bank transfer, the user should send us the respective proof of payment with the order number indication to info@babueco.com. As soon as we receive the transfer confirmation, his order will be shipped. The user should always keep the receipt as proof of payment in case of any eventuality.

         2. PayPal: When the user selects this payment method, he is redirected to the PayPal website, where he must enter his access credentials to complete the order.

1. 1. 6. Before Confirming the Order, the user undertakes to verify the data contained in his/her order summary. He should confirm his details, the selected products in the shopping cart, the delivery address, and the payment method. If the user detects any discrepancy, he must go back to the previous steps to rectify it.

1. 7. Order confirmation and contract formation: Step 3

1. 1. 1. Upon the completion of the previous steps and with the reading and confirmation of the acceptance of these Terms and Conditions and Privacy Policy, the user must Confirm the Order to finalise, by pressing the button “Confirm Order and proceed to payment”.

1. 1. 2. By confirming the order, the user enters into a sale and purchase contract with BABU, expressing his full and complete acceptance of the product descriptions included in the transaction, its prices and these Terms and Conditions, which contain the only provisions applicable to the user and BABU.

1. 1. 3. After the Order Confirmation, the user will receive an email confirming that BABU has received his order (Order Confirmation email). This email contains summary information about his order, including the name/product reference, total price, shipping option and the associated costs. If any data is not correct, the user must immediately ask the BABU to change it.

1. 1. 4. After payment of the total amount of the products, the invoice will be issued and sent to the email address provided by the user. Once issued, the invoice cannot be reissued with changes.

1. 1. 5. The Order Confirmation by the user and the subsequent full payment of the total price of products, formalise the sale and purchase contract of products available at our online shop. However, its effectiveness depends on the availability of stock, in accordance with the following paragraphs.

1. 1. 6. All orders for products in the online shop depend on the stock availability. BABU is not obliged to supply unavailable products. Therefore, if any product ordered is not available, BABU will inform the user immediately after becoming aware of this unavailability and will act in accordance with the following paragraphs.

1. 1. 1. 7. In case of temporary unavailability of some products in stock, making their delivery impossible within the agreed deadlines, BABU will contact the user to agree a new delivery time. In that case, the order will only continue after obtaining the user’s consent (by email). BABU may propose to the user the supply of a product of the equivalent quality and price where it exists. Here, too, the order will only continue after the user’s approval (by email).

1. 1. 8. If the user does not accept the situations envisaged in the preceding paragraph, the order will be cancelled in relation to missing products, and BABU will refund the amounts paid by the user, within a maximum period of 30 (thirty) days after the notification of the cancellation.

1. 8. Delivery of products and respective deadlines

1. 1. 1. Once the user formalised the sale and purchase contract and made the full payment of the total amount, and provided that the products purchased are available, all in accordance with the provisions of the preceding clauses, BABU will email the user with information regarding the delivery of products and respective deadlines, in accordance with the provisions of this clause.

1. 1. 2. BABU guarantees the national and international shipping of its articles through a carrier.

1. 1. 3. The orders will be delivered by the carrier company “MRW” on working days from 09:00 to 13:00 and from 14:00 to 19:00, within the following deadlines, counting from the order confirmation:

1. 1. 1. 1. Orders for shipping to Portugal Continental and its Autonomous Regions: 5 working days;
         2. Orders for shipping to Spain: 5 working days;
         3. Orders for shipping to the Member States of the European Union, other than those referred to in points 1 and 2: 5 to 10 working days.
         4. Orders for shipping to other countries in the rest of the world: 5 to 10 working days.

1. 1. 4. Despite set deadlines, delays may occur for any of the following reasons, not attributable to BABU, and therefore will not entitle the user to any compensation:

1. 1. 1. 1. Delays by the carrier;

         2. Difficulties in delivering to the recipient;

         3. Delays by suppliers of product components;

1. 1. 5. The delivery of products will be made either to the user himself or to the person indicated by him. For that purpose, the user must email BABU to info@babueco.com, with the identification of the authorised person to receive the products as appropriate (full name, identification document number and its validity). For the delivery of products, the recipients should provide their identification document to BABU or to a carrier for identity confirmation purposes. BABU or the carrier reserve the right not to proceed with the delivery in case of doubt about the identity of the recipients.

1. 1. 6. The user must ensure the correct indication of the delivery address and that someone will be there on the date indicated by BABU to receive the products.

1. 1. 7. In addition to providing the recipient’s address, the user can also indicate in the “Order notes” field some instructions or specific details for a better location of the delivery address. In the case of deliveries to companies, institutions, hospitals or others, all necessary information must be indicated: the recipient’s name to whom the order is intended, department or section where it is located, opening hours or other instructions considered relevant.

1. 1. 8. If the user or the authorised person by him is not at the delivery address on the scheduled date, the carrier will contact the user to reschedule a new delivery.

1. 1. 9. BABU refuses any liability for any delay or the impossibility of delivering the order, arising from acts for which it is not liable.

1. 1. 10. For the purposes of these Terms and Conditions, a “delivery” is deemed completed or a product is deemed “delivered” with the signature of the delivery slip at the agreed address.

1. 1. 11. BABU does not accept exchanges. Consequently, in the event of a mistake by the user, the latter must return the product applying, for the purpose, the provisions of the “Right of Termination” clause, and then place a new order with the products he wishes.

5. Product Warranty

1. 9. Product Compliance Guarantee

1. 1. 1. BABU should be liable, under the terms and conditions laid down in Decree-Law 67/2003 April 8, in its updated version, for any lack of conformity existing at the time of delivery of goods, and which becomes apparent within a period of 2 years from the delivery date, provided that BABU is notified of this within a maximum period of 2 months from the date on which it was detected.

1. 1. 2. During the warranty period, the product with a manufacturing defect should be repaired free of charge or replaced by a similar model if it cannot be repaired. The user must present the non-compliant product along with the purchase invoice.

1. 1. 3. Products are not in conformity with the purchase and sale contract when any of the following facts occur:

1. 1. 1. 1. If the products do not comply with the description given by BABU on its website, or do not have the qualities that BABU has presented to the user as a sample or model.

         2. If the products are not suitable for the specific use intended by the user and of which informed BABU at the time of concluding the contract, and that BABU accepted.

         3. If the products are not suitable for the uses normally given to goods of the same type.

         4. If the products do not have the usual qualities and performance in goods of the same type and which the user can reasonably expect, given the nature of the product and, possibly, the public statements about its specific characteristics made by BABU or the brand, namely in advertising or labelling.

1. 10. Warranty exclusions

1. 1. 1. No lack of conformity or defect in the products is deemed to exist within the meaning of the applicable legislation if, at the time the contract is concluded, the user was aware of such nonconformity or defects or could not reasonably ignore them.

1. 1. 2. Nor can it be considered a lack of conformity or defects in the products of BABU’s liability, the occurrence of defects, faults, or malfunctions in products for which BABU is not responsible, when they arise from the following circumstances:

1. 1. 1. 1. The use of the products without care, without diligence and/or without following the instructions for use. use;

         2. The use of the products for purposes other than those for which they are intended.

         3. The manufacture of products according to the customer’s requests with specific characteristics indicated by him.

         4. The normal products use/wear.

         5. The expiry of the shelf life of the products.

         6. The modification or alteration of the products.

1. 11. Procedure

1. 1. 1. If the purchased product is not compliant or is defective, the user should report the situation to BABU within the period provided for in paragraph 1 of the “Product Compliance Guarantee” clause. For this purpose, the user must present the purchase invoice and a description of the nonconformity, as well as deliver the product to BABU or send images thereof for evaluation.

1. 1. 2. After verification by BABU of the reported non-compliance and, in the proven case of any lack of conformity with BABU’s liability, the user will have the possibility of choosing one of the following options:

1. 1. 1. 1. Replacement of the product by other products of identical characteristics.

         2. Product price reduction.

         3. Termination of the Contract, pursuant to the following clause.

1. 1. 3. The costs of returning or collecting the products under warranty should be borne by BABU whenever the nonconformity in question is within the warranty period.

6. Final provisions

1. 12. Intellectual property

1. 1. 1. All content that BABU makes available through its website, namely, but not limited to text, images, logos, trademarks, copyright and related rights, are protected by current law on intellectual property, such rights as being owned by BABU or having the latter a licence to use, that the user acknowledges and accepts.

1. 1. 2. The user undertakes not to misuse such content, and it cannot be copied, disclosed, used, or copied in any way, not using software tools to collect protected content, namely robots, crawlers, or other automatic mechanisms.

1. 1. 3. The user will not copy, translate, disassemble or decompile, nor create or attempt to create, by reverse engineering or otherwise, the source and object code of the website, as well as third party tools and applications and the software associated with its operability, nor remove any confidentiality or intellectual property warnings.

1. 1. 4. The user undertakes to fully compensate BABU for any damages, costs or expenses incurred because of claims, of any kind or nature, directed against it by third parties, based on the infringement of their rights, namely, intellectual property rights relating to the use of the content available on the website and its associated services, including compensation paid to third parties by agreement with them.

1. 13. Privacy policy

BABU, as a data controller, respects your privacy. All personal data collected on the website will be kept confidential and will not be sold, communicated or, somehow, reused by third parties without your authorisation. The personal data provided will be processed in accordance with the relevant legislation, with best practices and guaranteeing all technical and organisational security measures to protect it. This data will be used with the sole purpose of executing your purchase order and improving your interaction on our website. For more information on how we process your personal data, you should consult our Privacy Policy, without prejudice to the warnings contained in the appropriate places.

1. 14. Liability

To the maximum extent permitted by law, BABU should only be liable for damage caused by gross negligence or wilful misconduct. BABU assumes no responsibility for the continuous availability of its website, especially on mobile networks, Internet, and mobile devices.

1. 15. User support and claims

The user may send comments, suggestions or claims to BABU by telephone: +351 215 907 678 (available from Monday to Friday from 9:30 to 13:00 and from 14:00 to 18:00 or by email to info@babueco.com.

1. 16. Alternative Dispute Resolution

1. 1. 1. The provisions of this clause exclusively apply to sales made to final consumers, as defined by law.

1. 1. 2. BABU informs that under Regulation (EU) 524/2013 of the European Parliament and the Council, you can access the Online Dispute Resolution Platform (ODR) at: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage where you will find information on the possibility of using it to resolve your disputes.

1. 1. 3. BABU is not bound by membership or legal requirement resulting from necessary arbitration to any alternative consumer dispute resolution entity.

THE USER DECLARES TO HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS, AS WELL AS THE ASSOCIATED POLICIES, AND THAT HAS HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL ADVICE BEFORE ACCEPTING THEM. THE USER RECOGNISES FURTHER THAT THIS IS A COMPLETE AND EXCLUSIVE STATEMENT ABOUT THE AGREEMENT BETWEEN HIM AND BABU, WHICH REVOKES ANY PREVIOUS PROPOSAL OR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN HIM AND BABU, CONCERNING THE SUBJECT MATTER OF THE PRESENT CONTRACT.

General Conditions of Sale updated to 2019/11/19