Terms of Service
1 - INTRODUCTION
This document (together with the documents mentioned herein) sets out the terms and conditions governing the use of this website and the purchase of products through it (hereinafter, the “Terms”).
Please read these Terms carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Terms. If you do not agree with all the Terms, you must not use this website.
These Terms may be amended from time to time. It is your responsibility to read them periodically, as the terms in force at the time of use of the website or execution of the Contract (as defined below) will be applicable.
2 - OUR DETAILS
This website is operated under the name BIDI BABY, S.L., a Spanish brand with registered address at Fray Bernardino Sahagún 9, 3b, 28036 Madrid, registered in the Mercantile Registry of Madrid in Volume 45296, Folio 200, Entry 1, Sheet No. M-796829, and Tax ID B13881552.
3 - YOUR DATA AND VISITS TO THIS WEBSITE
Any personal data or information you provide will be treated in accordance with our Privacy Policy. By using this website, you consent to the processing of such data and declare that all information provided is truthful and corresponds to reality.
4 - USE OF OUR WEBSITE
By using this website and/or placing orders through it, you agree to:
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Use the website only to make legally valid inquiries or orders.
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Not to place any false or fraudulent orders. If we reasonably believe such an order has been placed, we will be entitled to cancel it and report it to the relevant authorities.
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Provide us with your email address, postal address, and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you if necessary (see our Privacy Policy).
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If you do not provide us with all the information we need, we will not be able to process your order.
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By placing an order, you declare that you are over 18 years old and have legal capacity to enter into contracts.
5 - CONTRACT FORMATION
The information in these Terms and on this website does not constitute a sales offer, 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 your account has been charged, the full amount will be refunded.
To place an order, you must follow the online purchase procedure and confirm payment. You will then receive an email acknowledging receipt of your order (the “Order Confirmation”). This does not mean your order has been accepted; it constitutes an offer to buy. All orders are subject to our acceptance, which will be confirmed by email when the product is dispatched (the “Shipping Confirmation”). The contract for the purchase of a product (the “Contract”) will be formalized only when we send the Shipping Confirmation. Only products listed in the Shipping Confirmation will be subject to the Contract.
6 - PRODUCT AVAILABILITY
All product orders are subject to availability. If there are difficulties in supplying products or if items are out of stock, we reserve the right to provide you with information about substitute products of equal or higher quality and value that you may order. If you do not wish to order such substitute products, we will refund any amount you may have paid.
7 - REFUSAL TO PROCESS AN ORDER
We reserve the right to remove any product from this website at any time and to remove or edit any material or content. While we will always do our best to process all orders, exceptional circumstances may arise that require us to reject the processing of an order after an Order Confirmation has been sent. We reserve the right to do so at any time, at our sole discretion.
We shall not be liable to you or to any third party for the removal of any product from the website, regardless of whether it has been sold, nor for removing or editing content or materials, or for refusing to process an order after the Order Confirmation has been sent.
8 - DELIVERY
Subject to product availability and except in extraordinary circumstances, we will attempt to send the products listed in each Shipping Confirmation within the delivery time indicated or, if no delivery date is specified, within 3 working days from the date of the Shipping Confirmation.
Delays may occur due to:
- Sale or promotional periods (e.g., Black Friday)
- Product customization
- Specialized items
- Unforeseen circumstances
- Delivery location
If we are unable to meet the delivery date, we will inform you and offer the option to proceed with the purchase with a new delivery date or cancel the order with a full refund. Deliveries are not made on Saturdays or Sundays.
For the purpose of these Terms, "delivery" shall be understood as having taken place when the order is delivered to the address provided and on the date agreed with the courier, as communicated via SMS and/or email.
9 - INABILITY TO DELIVER
For home deliveries: if after two attempts delivery is unsuccessful, we will inform you where your order is and how to collect it. If you are not available at the agreed delivery location and time, please contact us or the courier to arrange delivery on another day.
You will have a maximum of 15 days from the Shipping Confirmation date to arrange delivery. After this period, we will assume you wish to cancel the Contract. As a result, we will refund the price paid, deducting shipping and handling costs, as soon as possible and within 30 days of the Contract termination date.
10 - RISK AND OWNERSHIP
The risks of the products shall be your responsibility from the time of delivery.
You will acquire ownership of the products once full payment has been received, including shipping costs, or upon delivery if it takes place later.
11 - PRICE AND PAYMENT
Product prices will be as stated on the website, except in case of an obvious error. If we discover a pricing error for a product you ordered, we will notify you as soon as possible and give you the option to confirm or cancel the order.
We are not obliged to supply a product at the incorrect lower price if the error is obvious and could have reasonably been recognized by you.
Prices include VAT but exclude shipping costs, which will be added according to our Shipping Guide.
Prices may change at any time, but changes will not affect orders for which a Shipping Confirmation has already been sent.
Payment may be made with Visa, Mastercard, or American Express. By authorizing payment, you confirm that you are the rightful holder of the card or gift/credit card.
Credit card payments are subject to authorization by the issuing bank. If authorization is denied, we will not be responsible for delays or failure to deliver, and we cannot formalize a Contract.
12 - LIABILITY AND DISCLAIMER
Unless otherwise stated in these Terms, our liability for any product purchased will be limited to the purchase price.
Our liability is not excluded or limited in cases of death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or in any matter where exclusion or limitation of liability would be unlawful.
Subject to the above and to the extent legally permitted, we will not be liable for:
- Loss of income or sales
- Business loss
- Profit or contract loss
- Loss of expected savings
- Loss of data
- Management or office time loss
We do not guarantee the accuracy or security of information transmitted via this website unless expressly stated.
Product descriptions, information, and materials are provided "as is" without express or implied warranties.
To the extent permitted by law, we exclude all warranties except those legally recognized.
This clause does not affect your legal consumer rights.
13 - INTELLECTUAL PROPERTY
You acknowledge and agree that all copyright, trademarks, design rights, and other intellectual property rights on materials or content provided on the website belong to us or our licensors. You may only use such material as expressly authorized by us or our licensors.
This does not prevent you from using the website to copy information regarding your order or contact details.
14 - VIRUSES AND CYBER ATTACKS
You must not misuse this website by intentionally introducing viruses, trojans, worms, logic bombs, or other harmful material. You must not attempt unauthorized access to the website, its server, or any related systems.
You agree not to attack the website via denial-of-service attacks. Any breach of this clause may be reported to authorities, and your authorization to use the website will immediately cease.
We are not responsible for any loss or damage caused by such attacks or by harmful material that may affect your device or data from using this website or downloading its content.
15 - LINKS FROM OUR WEBSITE
Links to third-party websites and materials are provided for information only, and we have no control over their content. We are not liable for any loss or damage resulting from their use.
16 - WRITTEN COMMUNICATIONS
Applicable laws require some information to be in writing. By using this website, you agree to electronic communication. We may contact you via email or post notices on the website. You acknowledge that electronic communications comply with legal requirements. This does not affect your statutory rights.
17 - VERBAL COMMUNICATIONS
Occasionally, communications may be verbal (telephone or in-person). These will generally align with the website content and these Terms. We will try to document verbal exchanges whenever possible.
If not transcribed, it will be considered human error, with no grounds for future claims to the extent permitted by law. This does not affect your legal rights.
18 - NOTICES
You must send notices to infobidibaby@gmail.com. Unless stated otherwise, we may contact you via email or phone number provided at the time of order.
Notices are deemed received when evidence of correct contact details is available.
19 - TRANSFER OF RIGHTS AND OBLIGATIONS
The Contract binds both parties and their successors. You may not transfer or assign the Contract without our prior written consent.
We may transfer or assign the Contract at any time, without affecting your legal rights or warranties.
20 - EVENTS BEYOND OUR CONTROL
We will not be liable for failure to perform due to events beyond our control ("Force Majeure"), including but not limited to:
- Strikes or labor actions
- Civil unrest, terrorism, war
- Natural disasters
- Transport or telecommunication failures
- Government actions
Our obligations will be suspended during the Force Majeure event, and we will extend the fulfillment time accordingly. We will use reasonable means to end the Force Majeure or find a solution.
21 - WAIVER
Failure to enforce your obligations or our rights does not constitute a waiver. A waiver must be expressly stated and communicated in writing. One waiver does not imply future waivers.
22 - SEVERABILITY
If any of these Terms are declared invalid by a competent authority, the remaining Terms shall remain in effect.
23 - ENTIRE AGREEMENT
These Terms and referenced documents constitute the entire agreement between you and us. Both parties acknowledge that no representations or promises outside these Terms have been relied upon.
Only contractual breaches may be actionable, not pre-contractual statements, unless made fraudulently.
24 - RIGHT TO MODIFY TERMS
We may revise these Terms at any time. You will be subject to the policies and Terms in effect at the time of use or order, unless changes are required by law, in which case they will also apply to previous orders.
25 - LAW AND JURISDICTION
The use of this website and product purchase contracts will be governed by Spanish law.
Any disputes shall be subject to the non-exclusive jurisdiction of Spanish courts.
If you are contracting as a consumer, your legal rights remain unaffected.
26 - COMMENTS AND SUGGESTIONS
Your comments and suggestions are welcome. Please send them to us via our contact email: infobidibaby@gmail.com.