TERMS AND CONDITIONS
This website is owned and operated by RSTONAX LIMITED, Cambrai Court First Floor, 1229 Stratford Road, Hall Green, Birmingham, England, B28 9AA, registered number 12867378.
If any part of these Conditions is invalid, illegal or unenforceable (including any provision in which we exclude our liability to you), the validity, legality or enforceability of any other part of these Conditions will not be affected. This agreement is governed by laws of England and Wales.
These Terms and Conditions will be interpreted and construed in accordance with the laws of England and Wales and will be subject to the non-exclusive jurisdiction of Courts of England and Wales.
You confirm that you are at least 18 years old and have the legal right and ability to enter into this agreement and to use any debit or credit card to purchase the Products. You also agree that all information you have provided to us is accurate and true. You authorize us to perform validation checks and authorization with the card issuer.
You agree to fully indemnify us, our officers, employees, agents and suppliers, immediately on demand, from and against all claims, liability, damages, losses, costs and expenses arising out of any breach by you of these terms and conditions or by your use of this website, or the use of any other person accessing this website using your shopping account or your personal information.
All prices on www.kidsbabymart.com are in EURO and US Dollars and VAT inclusive. Prices and availability of Products may be changed at any time without notice. The price at which you agree to purchase the Products is the price stated on this website at the time you place your order.
We make every effort to ensure that the images of the Products on www.kidsbabymart.com are accurate. However because of differences between monitors the color you see of the Product may not accurately reflect its true color.
We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the website.
The technical steps required to create the contract between you and www.kidsbabymart.com are as follows:
You place the order for your products on the website by pressing the confirm order button at the end of the checkout process. You will be guided through the process of placing an order by a series of simple instructions www.kidsbabymart.com.
We will send you an order acknowledgement on your registered e-mail address detailing the products you have ordered and whether they are held in stock or are required to be manufactured and a likely dispatch date. As soon as your product is dispatched we will send you a confirmation e-mail.
Order acceptance and the completion of the contract between you and www.kidsbabymart.com will take place on the date of dispatch to you of the products ordered unless notified that we do not accept your order or you have cancelled it in accordance with the conditions set out.
Non acceptance of an order may take place in the following circumstances;
- Our inability to obtain authorization for your payment
- The discrepancy of a pricing or product description.
- You do not meet the eligibility to the order criteria
REFUSAL OF TRANSACTION
We reserve the right to withdraw any products from www.kidsbabymart.com at any time and/or remove or edit any materials or content on this website. We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any product from www.kidsbabymart.com whether or not that product has been sold; removing or editing any materials or content on the website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun. To be eligible to purchase products on www.kidsbabymart.com and lawfully enter into and form contracts on this website under laws of England and Wales you must:
- Register by providing your real name, phone number, billing/delivery address, e-mail address, payment details and other requested information.
- Possess a valid credit or debit card issued by a bank acceptable to us.
By placing an order, you specifically authorize us to obtain information about you from third parties from time to time to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
Where payment is made by VISA or MasterCard credit or debit card, you authorize us to debit your card with the total cost of the Products selected. Any refunds made in respect of returns or cancellations will be made to the same card. Where payment has not been made in full, we may cancel your order and/or suspend any further deliveries to you.
LOSS OR DAMAGE
This clause is not intended to exclude our liability to you for fraudulent misrepresentation or for death or personal injury resulting from our negligence. The risk of damage or loss of the Products passes to you when delivery is made. Delivery is made at the time we leave the Products at the address specified by you. We cannot accept any claims beyond this point. All implied warranties and undertakings are excluded to the maximum extent permitted by law.
Where a product has care instructions, you must follow these instructions. We are not liable for any loss or damage in the event that the instructions have not been followed.
All copyrights, product names, and images are the property of their respective owners and we do not authorize any use which infringes those rights. Subject to this, you may view, print, and download from our website for personal use only. Any other use of information or materials on www.kidsbabymart.com is strictly forbidden without obtaining our written consent.
ERRORS AND OMISSIONS
We have made every effort to ensure that the information on this website is accurate. However we do not make any promises about the Information and we are not liable for any loss or damage, whether direct, indirect, or consequential, which may happen as a result of relying on the Information, except where we are not allowed by law to exclude our liability.
We are not liable to you for any failure or delay to supply or deliver or for any damage or defect to the Products that is caused by any event or circumstance beyond our reasonable control.
SHIPPING AND DELIVERY
At www.kidsbabymart.com we are proud to offer free, fast, and efficient delivery service. For domestic deliveries, we aim to deliver your order in 1 to 3 working days after you place your order. For international orders, we aim to deliver within 5 to 10 working days after you place your order. We will package and post your items to ensure your product reaches you in perfect condition.
Please note that your order will only be shipped once payment and delivery details have been approved.
A signature will be required upon receipt.
Our top priority is always customers` satisfaction and with this, in mind, we always handle all inquiries and orders with efficiency and to the best of our ability. We always believe that you are totally satisfied with your purchase from www.kidsbabymart.com but understand that there can be certain issues with the products once they are received. We are therefore happy to offer you a full refund or exchange if you are not entirely satisfied with your purchase.
We must highlight that in order to qualify for a refund, all items must be returned in perfect condition, in their original packaging, unworn, and with all the labels still attached. The return address will be provided on the registered email address after we receive a return request.
Any item can be returned within 30 days of purchase and a copy of the receipt should be enclosed in the parcel. Refunds for all successfully returned items can only be credited to the account originally used for purchase. We are also unable to refund any return shipping charges. (It is advised to use an insured method of delivery since www.kidsbabymart.com is not responsible for lost or damaged parcels.)
Regarding exchanges, your new products will be dispatched to you as soon as your returning package is received in case if we have the required product in stock, otherwise, the return procedure will take place.
The data controller for your personal information is:
Jon Besant, Cambrai Court, 1229 Stratford Road, Hall Green, Birmingham, United Kingdom, B28 9AA.
Personal data we collect
Personal data is any information that identifies you personally whether directly (for example, your name) or indirectly (for example, information about your use of our website, products, and services).
- Basic contact details: We ask you to provide us with your name, title, postal address, email address, and telephone number if you purchase any products on kidsbabymart.com. We may also collect some or all of these contact details if you create an account on our website, or send us feedback, or contact or correspond with us;
- Payment and address details: We ask you to provide us with your shipping and billing address if you purchase any products on our website. We also ask you to provide your payment card details – this information is processed by our third-party payments service provider and not retained by us;
- Purchase details: We keep a record of your purchase history (including the date, time, and value of each purchase);
- Account login details: If you decide to create an account on kidsbabymart.com, we keep a record of your account login details (such as your username) in case you need reminding of these in the future;
- Information you provide through correspondence and feedback: We collect any additional personal data that you may provide to us from time to time if you contact us by email, letter, telephone conversation or through our website. Also, we collect any additional personal data that you provide to us by sending your feedback.
- Information about how you use our website and services: Every time you visit kidsbabymart.com, where you have consented to cookies, we or our service providers automatically collect technical information about the device you have used to access our website (including the make, model, and operating system, IP address, browser type, and mobile device identifiers) and information about your user preferences and browsing habits (such as items or links clicked on, web pages viewed, any web page download errors, products you have added to your shopping basket or wish list and other customized features). In addition, if you receive emails from us, we or our service providers may automatically collect technical information about how you have interacted with those emails, including whether you have opened them or clicked through any links within them. If you wish to disable cookies, you can always change the settings of your browser.
Use of your personal data
We use your personal data for the following purposes:
To process your orders and returns
We use your personal data to process any orders and returns you make in accordance with our terms and conditions.
To manage and administer your account
If you create an account with www.kidsbabymart.com, we use your personal data to identify you as a new or returning customer and to manage and administer your account. This includes keeping a record of your account login details (such as your username) in case you need reminding of these in the future.
To communicate with you about your orders and the services we provide to you
Our marketing communications
If you have provided your consent, we will use your contact details to send you marketing communications by email, SMS text message, post, and telephone about our products and promotions that we think may be interesting to you.
You can unsubscribe or opt-out of receiving our marketing communications at any time by communicating to us using the contact details set out in the section “Contact Us”
If you receive emails from us, we or our marketing service provider automatically collects technical information about how you have interacted with those emails, including whether you have opened them or clicked through any links provided. This helps us to understand how what types of emails and content can be useful for the customers so we can improve our email campaigns to make them more relevant to you.
We also use the information we collect based on your use of our website and services to:
- manage and administer our website and for internal operations, including for troubleshooting, data analysis, testing and statistical purposes;
- improve the products and services we offer to ensure that you get the best from our website by making it as easy and effective as possible for you to use;
- to safeguard the security and effective operation of our website;
- make suggestions and recommendations to you and other users of kidsbabymart.com about products or services
- measure and understand the effectiveness of our advertising campaigns, and deliver relevant advertising to you
- to improve the customer support we provide to you
- to help us respond to any inquiries or complaints you have made, or address any dispute which may arise in the process of us providing our products and services to you
- to maintain and administer our internal records to ensure that the information we hold about you is kept up to date and accurate
- to aggregate the data we hold about you on an anonymous basis with other data for analytical and reporting purposes
- to comply with our legal obligations and to detect, prevent and investigate other actual or suspected violations of law or misuse of our website
Legal grounds for using personal data
Applicable data protection law requires us to only process your personal data if we satisfy one or more legal grounds. These are set out in law and we rely on a number of different grounds for the processing we carry out, depending on the purposes of the processing. These are as follows:
Necessary for the performance of a contract and to comply with our legal obligations
Much of the personal data we collect about you is necessary for the performance of certain contracts between you and www.kidsbabymart.com. This includes most of the information you provide to us when completing transactions with us or creating an account on www.kidsbabymart.com in order that we can comply with our Terms and Conditions for the use of our website and for the sale of our products.
In certain circumstances, we also use your personal data to comply with our legal obligations, including to detect, prevent, and investigate fraud or to facilitate the exercise of your consumer rights.
If we think there is a risk that your interests or fundamental rights and freedoms may be affected we will not process your personal data unless there is another legal ground for us to do so (either that we have obtained your consent to the processing or it is necessary for us to perform our contract with you or to comply with our legal obligations).
Who we disclose your personal data to
From time to time there can be a need to disclose your personal data to third parties in order to provide you with our services and ensure the effective operation of www.kidsbabymart.com. The providers of such services are granted access to certain personal data to the extent necessary for them to perform the services that we request. Any personal data that is processed by third parties must be processed in accordance with applicable data protection law and subject to contractual obligations, including regarding security and confidentiality.
We may also disclose your personal data if we buy or sell any businesses or assets, to the buyer or seller (or prospective buyer or seller) and/or their advisers and if we are under a duty to disclose or share your personal data in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation, or in order to protect the rights, property or safety of our business, our customers or others.
How long personal data is kept
We store your personal data for no longer than is necessary for the purposes it was collected. Period will vary between different types of data. When determining the relevant retention periods, we consider factors including:
- legal obligations under applicable law to retain data for a certain period of time;
- statute of limitations under applicable law;
- the warranty period for any products you have purchased from us;
- potential or actual disputes;
- guidelines issued by relevant data protection authorities.
Otherwise, we securely delete your personal data from our system when it is no longer required.
If you are a resident of the EEA, you have the following data protection rights, which you can exercise at any time by contacting us at firstname.lastname@example.org.
- The right to access, correct, update, or request deletion of your personal information.
- The right to object to processing of your personal information when it is based on our legitimate interests.
- The right to ask us, in some situations, to restrict processingof your personal information or request portability of your personal information.
- The right to opt-out of marketing communicationswe send you at any time. You can exercise this right by clicking on the “unsubscribe” or “opt-out” link in the marketing e-mails we send you.
- If we have collected and process your personal information with your consent, then you have the right to withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent
- The right to complain to a data protection authorityabout our collection and use of your personal information. For more information, please contact your local data protection authority.
We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.
If you are aware of changes or inaccuracies in your information, you should inform us of such changes so that our records may be updated or corrected.
Links to other websites
We may terminate your access to www.kidsbabymart.com at our sole discretion, at any time and without noticing you.
You can always terminate your account with us. To terminate your account, please call our customer support services on +441555717977or email us at email@example.com. Please provide your name, home address, your phone number and email address where required. You also can click a Termination button in your account settings for your convenience.
THE SERVICES, MATERIALS AND CONTENT PROVIDED IN CONNECTION WITH THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. YOUR USE OF THE SERVICES AND PURCHASE OF ANY PRODUCTS IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THE SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS.
We make no warranty that the Products will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content, including but not limited to the availability and/or pricing of products sold via www.kidsbabymart.com.
LIMITATION OF LIABILITY
NEITHER WWW.KIDSBABYMART.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WWW.KIDSBABYMART.COM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL WWW.KIDSBABYMART.COM TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO WWW.KIDSBABYMART.COM FOR USE OF THE SERVICES OR CONTENT. IF YOU HAVE A PROBLEM WITH THE SERVICES, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SERVICES. IF THERE IS A PROBLEM WITH A PRODUCT YOU HAVE PURCHASED THROUGH WWW.KIDSBABYMART.COM, YOU AGREE THAT YOUR SOLE REMEDY IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT IN ACCORDANCE WITH OUR REFUND POLICY. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WWW.KIDSBABYMART.COM AND YOU.
If you have any questions about these Terms and Conditions, please contact us at firstname.lastname@example.org or on +441555717977