Terms of Service

Welcome to the Bambinebee website’s terms and conditions of use. These terms and conditions apply to the use of this website at www.bambinebee.co.uk. By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
 
Use of this website will be considered acceptance of these terms. If you do not agree to the Terms and Conditions of use contained in the following pages, do not use this website. Please note that Bambinebee has the right to modify these terms and conditions and, thus, you should review them periodically.

If you have any enquiries, comments or concerns regarding this agreement or if you have experienced technical problems while using this site, please contact us on info@bambinebee.co.uk.

1. Definitions
•"Seller" means Bambinebee (collectively referred to as, “we”, “us” or “our” in these terms and conditions).
•"Buyer" means the person whose name is printed on the Sales Order.
•"Contract" means the Order and Order Confirmation (incorporating any Special Conditions)
•"Faulty" means containing a fault or defect.
•"Goods" means the goods or services which the Seller is to sell in accordance with these Terms and Conditions
•“Order" means the Buyer's order for Goods or services.
•"Order Confirmation" means the Seller's written Confirmation pursuant to Condition 2.3.
•"Price" means the price together with postage and packing in place at the date and time of the Order, subject to any promotional offer or discount then applicable.
•"Special Conditions" any conditions in relation to orders set out and designated as such in the Order Confirmation.
•"Terms and Conditions of Use" means the standard terms and conditions of use set out in this document.

2. Ordering from Us
•2.1 All Goods are offered for sale subject to availability and subject to the Seller's acceptance of the Order.
•2.2 The Seller endeavours to display and describe as accurately as possible the printed colours of the Goods which appear on its website, but cannot undertake to give any assurance that the colours of Goods supplied will exactly match those displayed on the Buyer's monitor or screen.
•2.3 The Seller reserves the right to reject any Order without the obligation to assign any reason for so doing. No Order shall be deemed accepted by the Seller unless and until it is confirmed unconditionally by the Seller in the Order Confirmation.
•2.4 We may refuse to accept a Order:
(a) where Goods are not available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error; or
(d) if you do not meet any eligibility criteria set out in our Terms and Conditions.

3. Price, Payment and Currencies
•3.1 Prices are clearly marked inclusive of VAT (where applicable) at the current rates. The Buyer shall be responsible for any other taxes applicable in the territory to which the Goods are sent.
•3.2 Payment must be made by credit card or debit card or by PayPal at the time of placing an Order which is accepted by the Seller. Payment in full will be taken at this time and the Contract will be in force.
•3.3 The Seller accepts payments in Pound Sterling (GBP), which means the Buyer must make payment in Pound Sterling (GBP) and no other currency is accepted. If a payment is received in a different currency, then it shall be rejected and the Order shall remain unpaid.
•3.4 In order to comply with PayPal Seller Protection, a contract which has payment made by PayPal, may not request that the delivery address be updated following the payment and the Seller shall refuse any such request.
•3.4 Where we charge separately for packing, carriage and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
•3.5 Our prices are reviewed periodically.

4. Cancellation and Returns Policy
•4.1 The Buyer shall have the right to cancel any Order for Goods only in the following circumstances:
a.the Buyer changes their mind about the Goods within 14 days of receipt.
b.if the Seller has failed to deliver the Goods ordered within 28 days after the date of the Order
•4.2 If you wish to cancel your order:
(a) you can notify us by email to info@bambinebee.co.uk before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with clause 4.3 below.
•4.3 All Goods must be returned new, unused and in original Bambinebee packaging.
•4.4 In the case of cancellation, the Seller shall be responsible for arranging an exchange or refund (delivery charges are non-refundable).
The provisions of this clause 4.4 do not affect your statutory rights.

5 Licence
•5.1 The Seller grants to the Buyer a personal, non-exclusive, and non-transferable right to access and use the content on the Seller's Websites. All use must be in accordance with all Seller stated policies, including those in the Seller's Privacy Policy.
•5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation text, graphical images, photos, logos) are owned by the Seller. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
•5.3 All trademarks not owned by the Seller that appear on the Seller's Websites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Seller.
•5.4 Subject to clause 5.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
•5.5 Any rights not expressly granted in these terms are reserved.

6 Limitation of Liability
•6.1 The Seller will not be liable for short delivery or Faulty Goods unless a claim is notified to the Seller in writing in accordance with Clause 4.1 or, where upon reasonable inspection of the Goods, the Buyer should have become aware of such defect. The notification must include the Order confirmation number, and details of the claim. In the case of a valid claim, the Seller may, replace the Goods or refund to the Buyer the Price (or an appropriate proportion of the Price). The Seller will have no further liability to the Buyer in respect of the matters referred to in this Condition 6.1.
•6.2 The Seller will not be liable in any way for loss, damage, costs or expenses (including loss of profit) arising directly or indirectly from any failure or delay in performing any obligation under this Contract by reason of any event or circumstance outside the reasonable control of the Seller, including (but not limited to), any strikes, industrial action, failure of power supplies or equipment, government action, act of god or force majeure.
•6.3 The liability of the Seller, its agents, employees, subcontractors and suppliers with respect to any and all claims arising out of the performance or non-performance of the Seller's obligations in connection with the use of the information provided under the Contract, or the rendition of services hereunder, whether based on warranty, contract, negligence, strict liability or otherwise, shall not exceed, in the aggregate, the net purchase price (excluding taxes and freight) for such products or services.
•6.4 This limitation of liability section shall prevail over any conflicting or inconsistent provision contained in any of the documents comprising this Contract. It is up to the Buyer to take precautions to ensure that whatever computer equipment and/or software selected for use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature. In no event will the Seller be liable to the Buyer or any other party associated with the Buyer from any direct, indirect, special or other consequential damages for any use of the Seller's Website, or any other hyper linked website, including without limitation, any lost profits, business interruption, loss of programs or other data on the Buyer's information handling system or otherwise, even if the Seller has been expressly advised of the possibility of such damages.
•6.5 In no event will any third-party marketing partner or affiliate (e.g. Facebook) have any liability whatsoever to Buyer in connection with the services provided through the Seller's Websites. Seller hereby disclaims any and all such liability on behalf of such partners and affiliates.

7. Governing Law, Jurisdiction and Severability
•7.1 These terms and conditions shall be governed by and construed in accordance with English law.
•7.2 Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
•7.3 If any term or provision in the Contract is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from the Contract in its entirety, and the remainder of the Contract shall survive with the said offending provision eliminated.

8. Miscellaneous
•8.1 Website Availability
Because public networks, such as the internet, occasionally experience disruptions, the Seller cannot guarantee the Seller's Website will be available 100% of the time. Although the Seller strives to provide the most reliable Website possible, interruptions and delays in accessing the Websites are unavoidable and the Seller disclaims any liability for damages resulting from such problems
•8.2 Third Party Links
A link to a website not controlled or operated by the Seller does not mean that the Seller endorses or accepts any responsibility for the content or the use of such website. It is up to the Buyer to take precautions to ensure that whatever it selects for its use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.
•8.3 User Registration, eligibility and account activity
In registering for a user account, the Buyer acknowledges and represents that he/she is an individual of at least 18 years of age who can form legally binding contracts under applicable law. The Buyer agrees to keep the user name and password confidential. The Buyer further guarantees that the information supplied to the Seller's Websites is accurate. Falsifying or omitting contact information such as a member's name, address, and/or telephone number when registering is not permitted. When using the Seller's Website the Buyer must obey all applicable international, federal, state, and local laws.
•8.4 User Suspension and/or Termination
The Seller, in its sole discretion, may terminate the Buyer's user registration for violating Seller Policies. The Buyer agrees that breach of any of the terms in the Contract may also result in the immediate termination of the Buyers user registration and/or give rise to civil action against the Buyer.
•8.5 Buyer indemnification of the Seller's Websites
The Buyer agrees to indemnify the Seller and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including legal fees) which may arise from the Buyer's submissions to the Seller's Website, and/or from the Buyer's unauthorised use of material obtained through the Seller's Website, and/or from the Buyer's breach of the Contract, or from any other loss or damage of whatever kind suffered as a result of the Buyer's use of the Seller's Website.
•8.6 Seller's right of change and amendment
The Seller reserves the right to make changes from time to time to the nature of and/or the way in which it provides it services under contracts with Buyers and, in consequence, to make variations and amendments to these Conditions and to its Policies. Buyers who use the Seller's services on a regular basis should check the relevant links regularly before placing Orders.