Terms and Conditions of Sales

Agreement to Terms and Conditions (the “Terms”)

General Information

• “we”, “our” and “us” mean Babily S.àr.l.-S, a company registered in Luxembourg with registration number B270556 and registered office address at c/o The Office, 29 Boulevard Grande Duchesse Charlotte, 1331 Luxembourg.
• Our VAT number is LU34251139.
• “you” and “your” mean you, the customer.
• The website babilygifts.eu (“the Website”) is owned and operated by Babily S.àr.l.-S.

Acceptance of the Terms

• Your use of the Website and purchase of products from the Website is subject to the Terms at all times. By accessing the Website, you are agreeing to the Terms set out below.
• If you are under eighteen (18) years of age, you may place an order only with the involvement of a parent or guardian.

Changes to the Terms

• We reserve the right, with or without notice to you, to change the Terms at our sole discretion. The Terms applicable to your access and use of the Website will be the version that is current and displayed on the Website as at each date you access the Website. Your use of the Website after changes are made means that you agree to be bound by such changes.

Account Details

• If you create an account on the Website, you are responsible for maintaining the confidentiality of your username and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
• It is possible to purchase our products without creating an account, as a guest. In this case, we require the same personal data as when the account is registered, except, you do not need to create username or password.
• We reserve the right to refuse to supply any individual or company, to refuse service, terminate accounts, remove, or edit content, or cancel orders in our sole discretion.
• We may combine the information you give us with information from other companies and use it to improve and personalize our services, content, and advertising.
• We are committed to respecting your privacy. Your account details shared with us will only be used for necessary purchase processing and parcel dispatch. They will be shared with our courier service provider, GLS, General Logistics Systems, Belgium. We will not share your details with any other third parties without your consent.
• An electronic copy of each order is held by Babily S.àr.l.-S, but is also accessible on your account in the section Orders. All orders will be concluded in the English language.
• We may also contact you for market research purposes.
• You agree that we may use Personal information provided by you to conduct appropriate anti-fraud checks.

Delivery

• We provide shipping free of charge for orders over a certain threshold depending on the country of delivery. In case the free delivery threshold has not been reached, delivery fees will be confirmed at checkout. Minimum purchase to qualify for free delivery is: 50 eur for Luxembourg, 75 eur for Belgium, The Netherlands and Germany, 100 eur for France, Austria, and Denmark.
• Delivery prices may vary depending on the pricelist of the courier service provider, GLS, General Logistics Systems, Succursale de Luxembourg, Zae op Zaemer 24, 4950 Bascharage. The Website will always be updated with the current delivery prices, and you will be charged as stated on the Website.
• Delivery time is 3-5 working days. However, during the holiday times, weekends, please allow extra days.
• We reserve the right to amend or change the free delivery offer at any time, but we promise to notify customers at least 14 days in advance.

Return policy

• You are entitled to cancel Your Order within 15 days without giving any reason. The deadline for cancellation is 15 days from the date on which You received the Goods or on which a third party you have appointed, who is not the carrier, takes possession of the product delivered.
• Please contact us at orders@babilygifts.eu before returning an item. Postage shall be paid by the sender and will not be refunded by Babily S.àr.l.-S.
• We will reimburse You no later than 15 days from the day on which We receive the returned Goods. We will use the same means of payment as You used for the Order, and You will not incur any fees for such reimbursement.

Complaints

• If you have a complaint, please email us at complaints@babilygifts.eu. All complaints are carefully considered and followed by appropriate responses. In case of a damaged or wrong product delivery, we will resolve the problem with the highest regard to our customers’ satisfaction.
• In the unlikely event that we are unable to resolve a complaint with you directly, you have the right to refer the dispute to the EU’s Online Dispute Resolution Platform at https://ec.europa.eu/odr. If you decide to use this service, please use the following Babily email address when completing the form complaints@babilygifts.eu.

Prices

• All prices are shown in Euros (€), including VAT.
• The prices quoted are those ruling at the time of purchase. Due to circumstances beyond our control, the prices may have to be altered up or down, including any alterations to the rate of value added tax or fluctuations of purchase prices.
• Additional delivery and shipping charges may apply. They are, where appropriate, displayed on the Website.
• We reserve the right to accept or reject orders.
• We request payment of the full amount on confirmation of your order.

Availability

• All orders for products are subject to availability. In the event of supply difficulties, we reserve the right to cancel the order and refund the payment.

Payment Methods

• The customer can choose between several payment options which are displayed on the seller’s website.
• If the Customer chooses the payment method “Credit card via SaferPay”, payment is made through the service provider Worldline Financial Services (Europe) S.A, in accordance with the general terms and conditions of of use (see http://www.six-group.com/en/services/legal/terms-of-use.html)
• If the Customer is from Luxembourg, Belgium or the Netherlands, they may choose the payment method “Payconiq”. This payment is made through customer’s bank account by scanning the QR code generated specifically for your order. The payment is processed by Payconiq International S.A.is registered in Luxembourg at business address, 9-11 rue Joseph Junck, L-1839 Luxembourg.
• If the Customer chooses the payment method “Direct bank transfer”, payment instructions will be sent to your email. Upon the receipt of the payment, we will notify you and ship your order. The payment is usually processed the next working day.
• If the Customer chooses Satispay as a method of payment, the payment is realized through Satispay app and is processed by Satispay Europe S.A., 53, Boulevard Royal, L-2449 Luxembourg.
• If the Customer chooses the “PayPal” payment method, payment is made through the service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 283, route d’Arlon, L-1150 Luxembourg., in accordance with their general conditions of use (see https://www.paypal.com/lu/webapps/mpp/ua/useragreement-full)

Force Majeure

• Disturbances in the delivery due to events which are unforeseeable, unavoidable and beyond our control and for which we are not responsible, such as force majeure events, war, natural disasters, or pandemics we release ourselves for the duration of this disturbance and to the extent of its effect from our duties of performance.
• Agreed delivery periods shall be extended by the duration of such disturbance. Where the end of such disturbance is unforeseeable or where the disturbance lasts more than two months, either party has the right to withdraw from the contract concerned (or its services not yet fulfilled) and/or to terminate the contract.

Mediation procedure

• The customer has the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or to any other method of dispute resolution.

Applicable law, competent jurisdiction

• If the customer is a private person, any legal relationship between the contracting parties is governed by the law of the country of the customer’s residence. The competent jurisdiction for any dispute regarding this contract is exclusively the one determined by the customer’s country of residence.
• If the customer is a business entity, any legal relationship between the contracting parties is governed by the law of the country where the seller has its registered office. The competent jurisdiction for any dispute regarding this contract is exclusively the one determined by the seller’s country of registration.