Terms of Service

This document (together with the documents mentioned in it) establishes the conditions governing the use of this website and the purchase of products on it (hereinafter, the "Terms").

Please read the Terms carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions, so if you do not agree with all the Conditions, you should not use this website.

These Conditions may be modified. It is your responsibility to read them periodically, since the conditions in force at the time of using the website or entering into the Contract (as defined below) will be those that apply to you.

2 - OUR DATA

This website is operated under the name BIDI BABY, S.L., a Spanish brand with address at Fray Bernardino Sahagún 9, 3b 28036 Madrid, registered in the Commercial Registry of Madrid in volume 45296, folio 200, entry 1, page number M-796829, and NIF B13881552.

3 - YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The information or personal data that you provide us about yourself will be treated in accordance with the provisions of the Privacy Policy. By using this website, you consent to the processing of said information and data and declare that all the information or data you provide us is true and corresponds to reality.

4 - USE OF OUR WEBSITE

By using this website and/or placing orders through it, you agree to:

1.- Use this website only to make legally valid queries or orders.

2.- Do not place any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.

3.- Provide us with your email address, postal address and/or other contact information in a truthful and accurate manner. You also agree that we may use this information to contact you if necessary (see our Privacy Statement).

4.- If you do not provide us with all the information we need, we will not be able to process your order.

5.- By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

5 - CELEBRATION OF THE CONTRACT

The information contained in these Conditions and the details contained on this website do not constitute an offer to sell, but rather an invitation to contract. No contract will exist between you and us in relation to any product until your order has been expressly accepted by us. If your offer is not accepted and a charge has already been made to your account, the amount will be refunded in full.

To place an order, you must follow the online purchasing procedure and confirm payment. After this, you will receive an email acknowledging receipt of your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as it constitutes an offer from you to us to purchase one or more products. All orders are subject to our acceptance, of which you will be informed through an email in which we confirm that the product is being sent (the “Shipping Confirmation”). The contract for the purchase of a product between you and us (the “Contract”) will only be formed when we send you the Shipping Confirmation. Only those products listed in the Shipping Confirmation will be the subject of the Contract. We will not be obliged to supply you with any product that may have been ordered until we confirm its shipment to you in a Shipping Confirmation.

6 - PRODUCT AVAILABILITY

All product orders are subject to product availability. In this sense, if difficulties arise regarding the supply of products or if there are no items in stock, we reserve the right to provide you with information about substitute products of equal or greater quality and value that you can order. If you do not wish to order such substitute products, we will refund any amounts you may have paid.

7 - REFUSAL TO PROCESS AN ORDER

We reserve the right to withdraw any product from this website at any time and to remove or modify any material or content on it. Although we will do our best to always process all orders, there may be exceptional circumstances that require us to refuse to process an order after we have sent the Order Confirmation, and we reserve the right to do so at any time, at our sole discretion.

We will not be liable to you or any third party for removing any product from this website, whether or not such product has been sold, removing or modifying any material or content on the website, or for refusing to process an order once we have sent you the Order Confirmation.

8 - DELIVERY

Without prejudice to the provisions of Clause 7 above regarding the availability of the products and unless extraordinary circumstances occur, we will attempt to ship the order consisting of the product(s) listed in each Shipping Confirmation within the specified delivery time or, if no delivery date is specified, within 3 business days from the date of the Shipping Confirmation.

However, delays may occur for any of the following reasons:

• Sales periods and special discounts (example: Black Friday)
• Product customization.
• Specialized articles.
• Unforeseen circumstances.
• Delivery area.

If for any reason we cannot meet the delivery date, we will inform you of this circumstance and give you the option of continuing with the purchase by establishing a new delivery date or canceling the order with a full refund of the price paid. Please note in any case that we do not deliver on Saturdays or Sundays.

For the purposes of these Conditions, it will be understood that "delivery" has occurred at the agreed delivery address and on the date agreed with the transport company, communicated via SMS and/or by e-mail.

 

9 - IMPOSSIBILITY OF DELIVERY

For home deliveries: If after two attempts it is impossible for us to deliver your order, we will tell you where your order is and how to pick it up. If you will not be at the delivery location of the order at the agreed time, please contact us to arrange delivery on another day or directly with the transport company. You will have a maximum period of 15 days, from the date of Shipping Confirmation, to agree to the delivery of your order to the address indicated at the time of purchase. If after this period you have not collected your order, we will understand that you wish to withdraw from the Contract and we will consider it resolved. As a consequence of the termination of the Contract, we will refund the price paid for such products, discounting the relevant shipping and management costs, as soon as possible and, in any case, within a maximum period of 30 days from the date on which, in accordance with the provisions of this Clause, we consider the Contract terminated.

10 - TRANSFER OF RISK AND OWNERSHIP OF PRODUCTS

The risks of the products will be your responsibility from the moment of delivery.

You will acquire ownership of the products when we receive full payment of all amounts due in relation to them, including delivery charges, or upon delivery (as defined in clause 9 above), whichever occurs at a later time.

11 - PRICE AND PAYMENT

The price of each product will be the one stipulated at all times on our website, except in the case of obvious error. Although we try to ensure that all prices on the site are correct, errors may occur. If we discover an error in the price of any of the products you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, the order will be considered canceled and any amounts paid will be fully refunded.

We will not be obliged to supply any product to you at the incorrect lower price (even if we have sent you the Dispatch Confirmation) if the error in the price is obvious and unmistakable and could reasonably have been recognized by you as the incorrect price.

The prices on this website include VAT, but exclude shipping costs, which will be added to the total amount due as set out in our Shipping guide.

Prices may change at any time, but (except as set out above) any changes will not affect orders for which we have already sent you a Shipping Confirmation.

Once you have made your purchases, all the items you wish to purchase will have been added to your basket and the next step will be to process the order and make payment.

You can make payment with Visa, Mastercard and American Express cards.

By authorizing the payment you are confirming that the credit card is yours or that you are the legitimate holder of the gift card or credit card.

Credit cards will be subject to checks and authorizations by the issuing entity, but if said entity does not authorize payment, we will not be responsible for any delay or non-delivery and we will not be able to formalize any Contract with you.

 

12 - LIABILITY AND EXEMPTION OF LIABILITY

Except as otherwise expressly provided in these Conditions, our liability in relation to any product purchased from our website will be strictly limited to the purchase price of such product.

Notwithstanding the foregoing, our liability is not excluded or limited in the following cases:

• In case of death or personal injury caused by our negligence.
• In case of fraud or fraudulent misrepresentation.
• In any matter where it would be illegal or unlawful for us to exclude, limit or attempt to exclude or limit our liability.

Without prejudice to the provisions of the previous paragraph and to the extent legally permitted, and unless otherwise provided in these Conditions, we will not accept any responsibility for the following losses, regardless of their origin:

1.- Loss of income or sales.

2.- Loss of business.

3.- Lost profits or loss of contracts.

4.- Loss of anticipated savings.

5.- Loss of data.

6.- Loss of management time or office hours.

Due to the open nature of this website and the possibility of errors in the storage and transmission of digital information, we do not guarantee the accuracy and security of the information transmitted or obtained through this website unless otherwise expressly stated on this website.

All product descriptions, information and materials appearing on this website are provided as truth and without express or implied warranties regarding them.

To the extent permitted by law, we exclude all guarantees, except those that cannot be legitimately excluded against consumers and users.

The provisions of this clause will not affect your legal rights as a consumer and user, nor your right to withdraw from the Contract.

13 - INTELLECTUAL PROPERTY

You acknowledge and consent that all copyright, trademark, design of clothing models and other intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who have granted us a license for their use. You may use such material only as expressly authorized by us or those who have licensed its use to us. This will not prevent you from using this website to the extent necessary to copy information about your order details or Contact details.

14 - VIRUSES, HACKING AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs or any other technologically harmful or damaging programs or materials. You will not attempt to gain unauthorized access to this website, the server on which said page is hosted or any server, computer or database related to our website.

You agree not to attack this website via a denial-of-service attack or a distributed denial-of-service attack.

Failure to comply with this clause could lead to the commission of infractions classified by the applicable regulations. We will report any breach of these regulations to the relevant authorities and will cooperate with them to discover the identity of the attacker. Likewise, in the event of breach of this clause, you will immediately cease to be authorized to use this website.

We will not be liable for any damage or loss resulting from a denial of service attack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or materials as a result of using this website or downloading content from it or to which it redirects.

15 - LINKS FROM OUR WEBSITE

In the event that our website contains links to other websites and materials from third parties, these links are provided for informational purposes only, without us having any control over the content of said web pages or materials. We therefore accept no liability for any damage or loss arising from its use.

16 - WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications we send you be in writing. By using this website, you agree that most of your communications with us will be electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notices, information and other communications that we send to you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

17 - VERBAL COMMUNICATIONS (via telephone or in person)

There may be cases in which the information or communications that we provide are given verbally (by telephone or in person). As a general rule, this data will always be backed up and will be similar to the information provided on this website and in these Conditions, and we will try to leave a written trace of verbal communications whenever and wherever possible.

If the case arises in which an alleged exchange has not been transcribed, it will be considered human error without giving rise to future claims or compensation to the extent legally permitted. This condition will not affect your rights recognized by law.

18 - NOTIFICATIONS

Notices you send us must be sent by email to infobidibaby@gmail.com. In accordance with the provisions of the previous clauses and unless otherwise stipulated, we may send you communications either to the e-mail or to the telephone number that you have provided when placing an order.

It will be understood that the notifications have been received and have been correctly made when it can be proven that the email address as well as the telephone number correspond with the data specified by the recipient.

19 - TRANSFER OF RIGHTS AND OBLIGATIONS

The Agreement is binding on you and us, as well as our respective successors, assigns and assigns.

You may not transfer, assign, encumber or otherwise transfer a Contract or any of the rights or obligations derived from it in your favor or to you, without having obtained our prior written consent.

We may transfer, assign, charge, subcontract or otherwise transfer a Contract or any of the rights or obligations arising from it in our favor or to us, at any time during the term of the Contract. For the avoidance of doubt, such transmissions, assignments, liens or other transfers will not affect the rights that, where applicable, you have as a consumer recognized by law or will nullify, reduce or limit in any other way the guarantees, both express and tacit, that we may have granted you.

20 - EVENTS OUTSIDE OUR CONTROL

We will not be liable for any failure or delay in performance of any of our obligations under a Contract, the cause of which is due to events beyond our reasonable control ("Force Majeure Event").

Causes of Force Majeure will include any act, event, lack of performance, omission or accident that is beyond our reasonable control and, among others, the following:

• Strikes, lockouts or other protest measures.
• Civil commotion, revolt, invasion, terrorist attack or terrorist threat, war (declared or not) or threat or preparations for war.
• Fire, explosion, storm, flood, earthquake, subsidence, epidemic or any other natural disaster.
• Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
• Inability to use public or private telecommunications systems.
• Acts, decrees, legislation, regulations or restrictions of any government or public authority.
• Strike, failures or accidents in maritime or river transport, postal or any other type of transport.

It will be understood that our obligations derived from the Contracts will be suspended during the period in which the Force Majeure Event continues, and we will have an extension in the period to comply with said obligations for the time that is necessary for us to do so. We will use all reasonable means to bring the Force Majeure Event to an end or to find a solution that allows us to perform our obligations under the Contract despite the Force Majeure Event.

21 - RESIGNATION

The lack of a requirement on our part for strict compliance on your part with any of the obligations assumed by you under a Contract or these Conditions or the lack of exercise by us of the rights or actions that may correspond to us by virtue of said Contract or the Conditions, will not imply any waiver or limitation in relation to said rights or actions nor will it exonerate you from complying with such obligations.

No waiver on our part of a specific right or action will constitute a waiver of other rights or actions derived from the Contract or the Conditions.

No waiver on our part of any of these Conditions or of the rights or actions derived from the Contract will take effect, unless it is expressly established that it is a waiver and formalized and communicated to you in writing in accordance with the provisions of the Notices section above.

22 - PARTIAL NULLITY

If any of these Conditions or any provision of a Contract are declared null and void by a final resolution by a competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.

23 - COMPLETE AGREEMENT

These Conditions and any document expressly referred to in them constitute the entire agreement between you and us in relation to the subject of the Contract and replace any other pact, agreement or previous promise agreed upon between you and us verbally or in writing.

You and we acknowledge that we have consented to the conclusion of the Contract without having relied on any statement or promise made by the other party or that could be inferred from any statement or writing in the negotiations entered into by both of us prior to said Contract, except as expressly mentioned in these Conditions.

Neither you nor we will have any remedy against any untrue statement made by the other party, whether oral or written, prior to the date of the Contract (unless such untrue statement was made fraudulently) and the only remedy available to the other party will be for breach of contract in accordance with the provisions of these Conditions.

24 - OUR RIGHT TO MODIFY THESE CONDITIONS

We have the right to review and modify these Conditions at any time.

You will be subject to the policies and Conditions in force at the time you use this website or place each order, unless by law or decision of government agencies we must make retroactive changes to said policies, Conditions or Privacy Statement, in which case, the possible changes will also affect the orders that you have previously placed.

25 - APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and the contracts for the purchase of products through said website will be governed by Spanish legislation.

Any controversy that arises or is related to the use of the website or with said contracts will be submitted to the non-exclusive jurisdiction of the Spanish courts and tribunals.

If you are contracting as a consumer, nothing in this clause will affect the rights that current legislation recognizes you as such.

 

26 - COMMENTS AND SUGGESTIONS

Your comments and suggestions will be well received. We kindly ask you to send us such comments and suggestions through our contact email (infobidibaby@gmail.com).

You can consult more information in Questions and Answers