TERMS & CONDITIONS
This is a legal agreement between you (i.e. customer, registered user, website visitor, etc.) and DANISH LABEL S.R.L., and governs your use of our website https://babysharksclub.com(“Website”), its Content (defined below), tools and services including the online e-commerce platform (“Store”) and any purchase of Products (defined below) thereof. By using our Website and/or purchasing any Products, you agree to be bound to these Terms and Conditions, including those additional terms and policies referenced herein and/or available by hyperlink (together the “Agreement”, “Terms” or “Terms and Conditions”). Please read these Terms and Conditions carefully before using our Website and/ or purchasing any Products. If you do not accept all of the terms of this Agreement, do not use the Website nor purchase any Products.
Any new features or tools which are added to the current Store shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes. In addition, you agree to comply with all local, state, federal, national, and international laws, statutes, ordinances, and regulations that apply to your use of the Website or Content (defined below) and the purchase of any Products.
Unless expressly provided otherwise, the words and expressions used in these Terms and Conditions shall have the following meanings:
“Account” means the “My Account” section of the Website accessible to a registered User by using, with an identifying role, an e-mail address and a password.
“Business Day” means a day on which commercial banks in Romania are open for business;
“Content” means any content on the Website,
“Contract” means the distant consensual understanding between you, as a Customer and us, as a seller, without our simultaneous physical presence, in relation to the sale or purchase of one or more Products through the Website, by placing your Order for a Product or Products in accordance with these Terms and Conditions, accepted by Babysharksclub.com in accordance with the Placing an Order section below;
“Customer”, “You” or “User” means an individual who visits and/or places an Order on the Website;
“Order” or “Purchase Order” means the order submitted by you to Babysharksclub.com to purchase a Product available in the Store;
“Babysharksclub.com”, “we” or “us” means DANISH LABEL S.R.L., with its corporate seat in Romania, Bucharest, 2nd District, 1 Baia de Arama St., 2nd Floor, Apt. 13, zip code 022204, sole registration code 41647781, VAT no. for EU transactions RO41716300;
“Product” means any goods (products) that are offered to the Customer for purchase, at cost, through the Website, including, without limitation, toys, homeware, accessories, clothing; For the avoidance of any doubt, in these Terms and Conditions, all references to Products shall include the “Pre-order Products” that you may purchase prior to their announced release date.
“Site” or “Website” means the website https:// Babysharksclub.com. and the online Store under such Website;
“Specifications” means any details of the characteristics of the Products as specified in the description available on the Website.
• references to “sections” are to sections of these Terms and Conditions;
• headings used herein are included for convenience only and will not limit or otherwise affect these Terms and Conditions;
• words imparting the singular shall include the plural and vice versa. Words imparting a gender shall include every gender and references to persons shall include an individual, company, corporation, firm or partnership;
• references to “includes” or “including” or like words or expressions shall mean without limitation.
Babysharksclub.com reserves the right to refuse access to the Website or sale of Products, to any end user for any reason at any time. Babysharksclub.com may, at its discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time with or without notice to you, and Babysharksclub.com will not be liable to you or to any third party should it exercise such rights.
All Content is the property of or is licensed to Babysharksclub.com, and is protected by Romanian and international trademark, copyright, and other intellectual property rights laws. Without the prior written consent of Babysharksclub.com or the applicable copyright holder, and except as otherwise provided in this Agreement, no Content may be downloaded, copied, distributed, captured, transmitted, translated, publicly displayed, uploaded, published, recorded, retransmitted, rented, sold, digitized, endorsed, reproduced, altered to make new works, performed, or compiled in any commercial way. The Content is only for your personal, non-commercial use, unless otherwise provided for herein. Any unauthorized copying, distribution, use or sharing is not permitted by this Agreement or applicable provisions of the copyright and intellectual property laws, and represents a violation of Romanian and international copyright and intellectual property laws.
You may not use the Website (or any part of it, including but not limited to public areas) to upload, post, transmit, display, perform or otherwise make available any messages, content or materials (a) that are illegal, obscene, threatening, of a “spamming” nature, defamatory, or invasive of privacy; (b) violate (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation or duty you have to any third party; (c) that constitute political campaigning or commercial solicitation; (d) provide links to unapproved third party sites; or (e) that infringe third-party rights or harm minors in any way. You may not interfere with or disrupt the Website or any networks connected to or by the Website. In addition, you may not use a false email address or otherwise mislead other users as to your identity or the origin of a message or content.
We reserve the right to terminate your use of the Website for violating any of the prohibited uses and to enforce any Product protection rules with or without notice to you.
In addition to existing/in stock Products, Babysharksclub.com reserves the right to offer you any other Products for which shall have license to sell. Our Products are available for purchase online, through the Website. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy below.
We will take all reasonable measures to ensure the accuracy of the pricing, Products and Specifications displayed on the Website. If any details related to Specifications have been displayed inaccurately on the Website, for any reason, Babysharksclub.com will inform the Customer who placed a purchase Order, by e-mail, as soon as possible, and in any case before acceptance of the Order by Babysharksclub.com.
We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products that we offer and the right to discontinue any Product at any time. All descriptions of Products or Product pricing are subject to change at anytime without notice, at our sole discretion.
You can place Orders on the Website with or without the prior registration of an Account. We have created the option of registering an Account in the dedicated section of Website for your exclusive benefit, in view of granting you the opportunity to effectively manage your Orders. By registering an Account you can save Products on a wish list, view your Orders placed through the Website and automatically fill in your Customer information when placing a new Order and add multiple shipping addresses.
In order to create an Account on the Website, you will be required to provide certain information such as: name, surname, a valid email address, a billing address and a shipping address (if different from the billing address) and a password and accept these Terms and Conditions. [Optional, you can add the name and month of birth of your kid/s] When creating your Account, you must provide accurate and complete information. By creating your Account, you warrant that the information provided to Babysharksclub.com during the registration process is true, correct and complete. You agree to promptly update your account and other information, including your email address so that we can complete your transactions and contact you as needed. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are solely responsible for any charges on your Account that are incurred by any person through your Account, regardless of whether you authorized such purchase or not. You are solely responsible for keeping your Account secure and confidential.
Under no circumstances Babysharksclub.com will be liable for any losses caused by any unauthorized use of your Account. You understand and undertake to notify Babysharksclub.com immediately of any breach of security or unauthorized use of your Account.
We may edit or delete your Account at any time, as part of our virtual householder’s rights or if you request to close the Account. We reserve the right to delete duplicate Accounts and deny the right to use their Account to any Customers who do not comply with our Terms and Conditions.
We may terminate your Account and any or all rights to the Website if any information you provide is inaccurate, false, incomplete, overtly offensive, misleading, or, if Babysharksclub.com, in its own discretion, suspects fraudulent and/or illegal behaviour, such as but not limited to identify theft, stolen credit cards, or artificial purchasing to inflate sales data, associated with your registration. You agree that Babysharksclub.com may store and use the registration data you provide for use in invoices and maintaining your Account.
Placing an Order
In view of placing an order for the purchase of one or more Products on the Website, you must fill in the online Order form and send it electronically to Babysharksclub.com, following the relevant instructions.
You may place an order for a Pre-order Product. Please note that any Pre-order product shall be placed separately from any order for Products in stock.
Our Order form, which is displayed on the first page of the Checkout, provides you with brief information regarding the essential features of each Product ordered, the price (including all applicable taxes or fees) and the shipping costs, if applicable to your purchase. Please note that price of products displayed on the Website may be subject to additional duties for orders outside the European Union.
Before purchasing the Products, you will be asked on the Order form to carefully read these Terms and Conditions.
Orders can be placed on the Website at any time, with or without the prior registration of a Customer Account, by (a) adding the desired Products to the shopping cart and completing the purchase process or (b) contacting Babysharksclub.com through the addresses listed in the “Contact” section of the Website. You agree to provide current, complete and accurate purchase and account information for all purchases made at our Store.
Please note that adding a Product to the shopping cart without completing the purchase process will not be considered as valid Order nor shall conduct to a reservation of the Product. Once added to the shopping cart, a Product is available for purchase to the extent that the Product is still in stock at the completion of the purchase process.
We may, at our sole discretion, refuse to accept an Order, in accordance with our Order Acceptance Policy. A Contract shall be formed and we shall be legally bound to supply the Product when we accept your Order.
Order Acceptance Policy
We reserve the right, at our discretion, to decline your request for Product(s), or supply less than the quantity you ordered following receipt of your Order.
For justified reasons (including, but not limited to, out of stock Products), we may notify you of changes to an Order, by e-mail. You will be able to accept or refuse to change the Order. You refusal or failure to respond within 5 business days, shall be deemed as a cancelation of the Order (please refer to the Cancelation by Customer section of these Terms and Conditions).
An Order is accepted and the Contract is deemed to be concluded between Babysharksclub.com and the Customer upon acceptance of the payment by Babysharksclub.com, dispatch of the Order confirmation e-mail and process delivery of the Products(s). A Contract will only relate to those Products whose dispatch we have confirmed in the Order confirmation e-mail and will be deemed to include both these Terms and Conditions and any subsequent written agreements (including by e-mail) between the Customer and Babysharksclub.com as a seller, regarding a purchase Order.
Charges and Billing
By placing an Order, you expressly commit to pay for all Products (including any Pre-order Products) that you purchase through the Website. Babysharksclub.com may charge your credit card for any Products purchased, and for any additional amounts such as shipping charges. You hereby agree to authorize Babysharksclub.com to charge your credit card for the above at Babysharksclub.com’s convenience, but no earlier than the purchased Product is available delivery, except in the case of pre-order Products. YOU ARE RESPONSIBLE FOR PROVIDING the payment processor (mainly Netopia ) of BABYSHARKSCLUB.COM WITH A VALID CREDIT CARD AND THE TIMELY PAYMENT OF ALL FEES.The At its discretion, Babysharksclub.com may post charges individually or aggregate your charges with other purchases you make on the Website.
Babysharksclub.com reserves the right to change the prices at any time, and such change will replace any previously displayed prices for those Products. Any change of prices shall not affect the Orders already accepted by Babysharksclub.com for which you received an Order confirmation e-mail.
We only offer payment on-line by credit or debit card, in full at the time of placing an Order, through an authorized service provider. However, we reserve the right to offer more or less than our full range of payment options. Babysharksclub.com reserves the right to refuse or cancel your Order in case an external service provider does not validate the payment, irrespective of the reason.
Fiscal invoice shall be issued by Babysharksclub.com in electronic format, to be provided by e-mail and a print invoice to be delivered with the Products.
We accept the following currencies: Euro (EUR) and Romanian Leu (RON). The currency displayed and accepted for each individual purchase is solely based on your country of residence/ territory of sale and cannot be modified by the end user.
Shipment and Shipping of Products
We ship our Products in Europe, within maximum 14 business days from (a) acceptance of an Order for Products in stock respectively (b) Pre-order Products becoming available for shipping. Please check the announced release date for any Pre-order Product that you order and note that any Orders containing both Products in stock and Pre-order Products shall be shipped within 7 business days from Pre-order Products becoming available for shipping.
You will be informed of the available shipping methods and you will be able to choose one of these methods prior to the completion of an Order. Babysharksclub.com will bear no liability for any delays in delivering the Product(s) that occurred due to a carrier’s fault or circumstances beyond Babysharksclub.com’ control or will.
On shipping of the Product(s), you may be required to sign for delivery. You agree to inspect the Product(s) for any obvious faults, defects or damage before you sign for delivery. You need to keep receipt of the delivered Product(s)/delivery note for exercising your right to withdraw from the Contract in accordance with section Return Policy (Right to Withdraw) below.
All risk in the Product(s) shall pass to you upon delivery, except that, where delivery is delayed due to a breach of your obligations under a Contract, risk shall pass at the date when delivery would have occurred but for your breach. From the time when risk passes to you, we will not be liable for loss or destruction of the Product(s).
If you are not available to take delivery or collection or if delivery or collection is delayed through your unreasonable refusal to accept delivery, Babysharksclub.com may, at its sole discretion:
- immediately cancel the Contract, in which case we will refund any amounts already paid under the applicable Contract, less our reasonable administration charges (including any costs for shipping and returning the Product(s));
- keep the Product(s) available for you, provided you will bear the return costs and the costs of a new shipment.
Cancelation by Babysharksclub.com
We may, without any liability or charges for Babysharksclub.com, cancel an Order or a Contract if (a) the Product is not available for any reason, (b) in case of insufficient funds or if fraud or an unauthorized or illegal transaction is suspected or (c) you are in any way breaching these Terms and Conditions. If this is the case, we will notify you and refund any payment that you have made, using the same method originally used by you to pay for the Product(s).
Cancelation by the Customer.
If you would like to cancel an Order before shipment of the Product(s) or if you believe someone has accessed your account without your authorization, please contact Babysharksclub.com immediately through the addresses listed in the “Contact” section of the Website.
Return Policy (Right to Withdraw)
For a return of a Product, you must inform Babysharksclub.com in writing, using the e-mail addresses [email protected], of your decision to withdraw from the Contract by an unequivocal statement and return the Product(s), using the return form provided by BabyShark, by courier to: Romania, Bucharest, 2nd District, 1 Baia de Arama Street, 2nd Floor, apartment 13, zip code 022204, within 14 calendar days from the receipt of the the Product.
You understand and accept that the above deadline is met only if you return the Product(s) before the 14 days period has expired. Any direct costs of returning the Products will be borne by Babysharksclub.com, by providing you with a return form to be used by your for the return of the Product.
If you withdraw from the Contract within the above withdrawal period, we shall reimburse all payments received from you, without undue delay and in any event not later than 14 days from the day on which we receive the returned Product. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly requested otherwise; in any event, you will not incur any fees as a result of such reimbursement. You accept and acknowledge that we will withhold reimbursement until we have received the Product(s) back.
The return right shall be deemed correctly exercised once the following conditions have been fully met:
- the Products is returned, complete and unused, with its original labels still attached, in their original packaging;
- the returned Products is sent to the shipping agent within 14 (fourteen) days of receiving the Products;
- the Products is not damaged or used in any way;
- the Product is delivered to BabySharksClub with the return form.
PLEASE NOTE :
- the following products can not be returned: underwear , bathing suits , socks, tights
- We do not accept packages sent to us by Post or sent with delivery payment to us.
In the event that your return does not comply with the terms and conditions set out in this section, you will not be entitled to any refund of sums already paid to Babysharksclub.com; nevertheless, you shall be entitled, at your own expense, to receive the Products in the conditions in which they were sent back to Babysharksclub.com.
Faulty, Damaged or Defective Products
We try very hard to deliver Products in excellent condition. It is our policy is to replace or provide a refund for any faulty, damaged or defective Products, provided that you promptly (but not later than 2 days after receiving the Product(s)) provide us with (a) all reasonable details regarding the way in which it is alleged that the Product is damaged or defective, (b) a copy of the receipt of the delivered Product(s)/delivery note and (c) any such other information as we may reasonably require.
No replacement or refund shall be made in case the Product has, after delivery by us: (a) been misused, abused or subjected to neglect, improper or inadequate care, carelessness, damage or abnormal conditions or (b) been dealt with or used contrary to our instructions of use for the Product and, to the extent permitted by law, we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses as a result.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant that the quality of any Products or other Content purchased or obtained by you will meet your expectations. We are not responsible if information made available on this Website is not accurate, complete or current.
ALL PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR PRIVATE USE, WITHOUT ANY REPRESENTATIONS AND WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS FOR MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
Circumstances beyond our control
We shall not be liable to you for any breach, hindrance or delay in the performance of a Contract due to any cause beyond our reasonable control or will, including without limitation any act of God, actions of third parties (including without limitation hackers, suppliers, national or local authorities), insurrection, riot, civil commotion, war, hostilities, warlike operations, national emergencies, terrorism, piracy, arrests, restraints or detainments of any competent authority, strikes or combinations or lock-out of workmen, epidemic, fire, explosion, storm, flood, drought, weather conditions, earthquake, natural disaster, accident, mechanical breakdown, third party software, failure or problems with public utility supplies (including electrical, telecoms or Internet failure), shortage of or inability to obtain supplies, materials, equipment or transportation (“Event of Force Majeure“), regardless of whether the circumstances in question could have been foreseen.
Either you or we may terminate a Contract forthwith by written notice to the other in case the event of force majeure lasts for a period of 14 (fourteen) Business Days or more, in which event neither you nor we shall be liable to the other by reason of such termination (other than for the refund of a Product already paid and not delivered).
Certain Content, Products and services available through our Website may include materials from third-parties. Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
Promotions and Coupons
We may publish on the Website information about the Products and / or promotions available for a limited period of time and/or within the available stock limit. As part of such promotions, Babysharksclub.com reserve the right to issue and provide the Customers, by email, certain promotional coupons.
The credit of a promotional coupon does not accrue interest nor does it have a cash value. In the event that you wish to return a Product to which you applied the promotional coupon, you will refunded the amount paid after the use of such promotional coupon, in accordance with the procedure under the Return Policy (Right to withdraw) section of these Terms and Conditions.
If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable.
Acceptance and Acknowledgment
Your use of the Website and establishment of an Account includes the ability to enter into agreements and/or to make purchases electronically. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic submissions applies to all records relating to all transactions you enter into on the Website, including notices of cancellation, policies, contracts, and applications. Furthermore you accept and agree with the form of remote communication (e.g., by telephone or e-mail) through which Babysharksclub.com carries out its operations.YOU HEREBY WAIVE ANY APPLICABLE RIGHTS TO REQUIRE A NON-ELECTRONIC SIGNATURE OR DELIVERY OR RETENTION OF NON-ELECTRONIC RECORDS, TO THE EXTENT NOT PROHIBITED UNDER APPLICABLE LAW.
If you have any questions, comments, suggestions or concerns regarding the Website, the Products, the Contract or the processing of your personal data, you can contact Babysharksclub.com through the following contact details:
Romania, Bucharest, 2nd District, 1 Baia de Arama Street, 2nd Floor, zip code 022204
Email: [email protected]
Phone no.: +40 731 88 99 11