Terms & Conditions

1. These terms

1.1. What these terms cover

These are the terms and conditions on which we supply products to you, whether these are goods, services or digital content.

1.2. Why you should read them

Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.

 

2. Information about us and how to contact us

2.1. Who we are

Babi International Limited (trading as Babi)

2.2. How to contact us

You can contact us by:

Email: sales@babi.co.uk

2.3. How we may contact you

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

3. Our contract with you

3.1. How we will accept your orders

Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

3.2. If we cannot accept your order

If we are unable to accept your order, we will inform you of this and will not charge you for the product. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because a credit reference we have obtained for you does not meet our minimum requirements, because we have identified an error in the price or description of the product or because we are unable to meet a delivery deadline you have specified.

3.3. Your order number

We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.

 

4. Our contract with you

4.1. Products may vary slightly from their pictures.

The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

4.2. Product packaging may vary.

The packaging of the product may vary from that shown in images on our website.

5. Your rights to make changes

If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract).

6. Our rights to make changes

6.1. Minor changes to the products

We may change the product:

(a) to reflect changes in relevant laws and regulatory requirements; and

(b) to implement minor technical adjustments and improvements. These changes will not affect your use of the product.

6.2. More significant changes to the products and these terms

We may make more significant changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.

7. Providing the products

7.1. Delivery costs
You only need pay the delivery charges once for each order, for an order up to and including £25.00. For orders over £25.00 delivery will be made free of charge.

7.2. When we will provide the products

Our goods are shipped with a carrier of our choice, during working hours and we would appreciate if you could make sure that somebody is available to accept your consignment. The carrier will contact you with an estimated delivery date.


7.3 We can only accept orders for delivery to the UK mainland.
Orders placed for delivery to to off-shore locations such as the Channel Isles and the Isle of Man will unfortunately have to be cancelled.

7.4. We are not responsible for delays outside our control

If our supply of the products is delayed by an event outside our control, then either we or the carrier of our choice will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.

7.5. If you are not at home when the product is delivered

If no one is available at your address to take delivery and the products cannot be posted through your letterbox, the carrier of our choice will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.

7.6. If you do not re-arrange delivery

If you do not collect the products from the carrier of our choice as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot either we or the carrier will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

7.7. When you become responsible for the goods

A product which is goods will be your responsibility from the time the product is delivered to the address you gave us.

7.8. When you own goods

You own a product which is goods once we have received payment in full.

7.9. Reasons we may suspend the supply of products to you

We may have to suspend the supply of a product to:
deal with technical problems or make minor technical changes;
update the product to reflect changes in relevant laws and regulatory requirements;
make changes to the product as requested by you or notified by us to you (see clause 6).

7.10. Spare Parts

We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 14 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.

8. Your rights to end the contract

8.1. You can always end your contract with us
Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:

(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;

(b) If you want to end the contract because of something we have done or have told you we are going to do, see clause 8.2;

(c) If you have just changed your mind about the product, see clause 8.3. You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

(d) In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.4.

8.2. Ending the contract because of something we have done or are going to do

If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:

(a) we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2);

(b) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;

(c) there is a risk that supply of the products may be significantly delayed because of events outside our control;

(d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 14 days; or

(e) you have a legal right to end the contract because of something we have done wrong.

8.3. Exercising your right to change your mind (Consumer Contracts Regulations 2013)

You have a legal right to change your mind within 14 days and receive a refund.

8.4. Ending the contract where we are not at fault and there is no right to change your mind

Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund a percentage of the price depending on the date on which you end the contract, as compensation for the net costs we will incur as a result of your doing so.

9. How to end the contract with us (including if you have changed your mind)

9.1. Tell us you want to end the contract

To end the contract with us, please let us know by contacting us using the details set out at Clause 2.2.

9.2. Returning products after ending the contract
If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us to:

Babi Uk

The Reynolds

Tregagle

Monmouthshire

NP25 4RX

without undue delay and in any event within 14 days of telling us you wish to end the contract. Please note that we'll only accept items that are unused.

9.3. How we will refund you

We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.

9.4. Deductions from refunds if you are exercising your right to change your mind

If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

9.5. When your refund will be made.

We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then:

(a) your refund will be made usually within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us, see clause 9.2.

(b) In all other cases, your refund will usually be made within 14 days of your telling us you have changed your mind.

10. Our rights to end the contract

10.1. We may end the contract if you break it

We may end the contract for a product at any time by writing to you if:

(a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

(b) you do not, within a reasonable time, allow us to deliver the products to you.

10.2. You must compensate us if you break the contract.

If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

10.3. We may withdraw the product.

We may write to you to let you know that we are going to stop providing the product. We will give you as much notice as practicable in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.

11. If there is a problem with the product

11.1. How to tell us about problems

If you have any questions or complaints about the product, please contact us using the details set out at Clause 2.2.

11.2. Summary of your legal rights

We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.

Summary of your key legal rights

This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.

The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:

· up to 30 days: if your goods are faulty, then you can get an immediate refund.

· up to six months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.

· up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

· if you haven't agreed a price beforehand, what you're asked to pay must be reasonable.

· if you haven't agreed a time beforehand, it must be carried out within a reasonable time.

See also Exercising your right to change your mind (Consumer Contracts Regulations 2013).

11.3. Your obligation to return rejected products.

If you wish to exercise your legal rights to reject products you must post them back to us at the address at Clause 9.2. without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You are liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. The cost of return of goods is also the responsibility of the customer.

12. Price and payment

12.1. Where to find the price for the products

The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the product you order.

12.2. We will pass on changes in the rate of VAT

If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.

12.3. What happens if we got the price wrong

It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

12.4. When you must pay and how you must pay

The goods are delivered against payment by credit or debit card (Master Card, Visa Card, American Express, and JCB) or PayPal. Babi shall not be responsible for any credit card charges. We will not charge your credit or debit card until we dispatch the products to you.

13. Our responsibility for loss or damage suffered by you

13.1. We are responsible to you for foreseeable loss and damage caused by us

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2. We do not exclude or limit in any way our liability to you where it would be unlawful to do so

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 11.2 and for defective products under the Consumer Protection Act 1987.

13.3. We are not liable for business losses

We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

14. Other important terms

14.1. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

14.2. Nobody else has any rights under this contract

This contract is between you and us. No other person shall have any rights to enforce any of its terms.

14.3. If a court finds part of this contract illegal, the rest will continue in force

Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

14.4. Even if we delay in enforcing this contract, we can still enforce it later

If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

14.5. Which laws apply to this contract and where you may bring legal proceedings

These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.