TERMS AND CONDITIONS
1. GENERAL TERMS AND CONDITIONS
these general conditions apply to all orders and sales transactions through the website www.byronbaybies.com. by placing an order, you agree - fully and without reservation - to these general conditions. byron baybies reserves the right to modify the conditions of sale. any changes to the terms and conditions will only apply to orders placed on or after the date of the change.
byron baybies endeavors at all times to describe and present all goods and services on the web shop as accurately, correctly, completely and clearly as possible. however, all images, photos, drawings or data concerning weights, dimensions, colors, pictures of labels, etc. are indicative only. byron baybies shall in no way be liable if goods or services are presented incorrectly, unclearly and/or incompletely, as well as for any damages resulting therefrom for the buyer or for third parties. consequently, these cannot give rise to compensation for damages or dissolution of the agreement.
2. COMPANY DATA
byron baybies
BE1003.613.468
+32 (0)474 77 98 28
www.byronbaybies.com
hello@byronbaybies.com
3. PRICE, TAX AND PACKAGING AND SHIPPING COSTS
all prices listed on byronbaybies.com are expressed in euros and include 21% VAT and exclude shipping costs, unless otherwise stated. the prices mentioned in the confirmation email you receive confirming an order is the price you owe to byronbaybies. special offers are only valid while supplies last. byron baybies can change the price of a product or service at any time. products are always invoiced based on the rates in effect at the time the agreement is made.
possible costs, taxes, customs and import duties as well as formalities related to deliveries outside belgium are entirely at your expense as buyer. byron baybies is not liable for the consequences of non-compliance with certain payment, tax and/or declaration obligations related to deliveries outside belgium.
deliveries are made while supplies last. deliveries are made by the various logistics partners of byron baybies through the sendcloud shipping platform. orders are delivered to the delivery address provided by you or delivered to your chosen pick-up point if you choose this shipping method.
in accordance with the rules of distance selling, byron baybies will execute orders within 30 days. if this is not possible you will receive a message within 14 days after placing your order and in that case you have the right to cancel the order without costs. the latter can occur for example because the ordered goods are out of stock or no longer available, because there is a delay for other reasons or because an order cannot or only partially be executed.
byron baybies is not liable if the delivery period is exceeded due to the fault of the carrier, nor in case of loss of the products or strike. you are assumed to be aware of the transport risks and should address any questions in that regard to the carrier.
4. CONCLUSION OF THE SALES CONTRACT
when an offer is subject to specific conditions or has a limited period of validity, we state this clearly in our web shop. the descriptions of each item and service are as accurate as possible and sufficiently detailed to allow you to make a proper assessment of the product or service itself and the ordering process to purchase it.
an order is complete and the agreement between you as buyer and byron baybies is final as soon as the order is confirmed by mail and as soon as byron baybies receives approval from the card issuer for the credit or debit card payment transaction. byron baybies accepts visa, mastercard and bancontact. if the card issuer refuses to approve payment to byron baybies, byron baybies cannot be held responsible for delays in delivery and/or non-delivery of the order. orders without valid payment in the name of the registered cardholder will not be accepted or processed.
5. PAYMENT
orders in the webshop can be paid with bancontact, mastercard and visa via a secure connection. after selecting the payment method, you will enter the secure shopify payments platform. step by step you will be guided through the payment process until you receive a payment confirmation from shopify. this is also the moment when byron baybies receives confirmation and can get started on your order.
any inaccuracies in the billing should be reported immediately to hello@byronbaybies.com so that byron baybies can correct the amount.
6. RETENTION OF OWNERSHIP
ownership of all items sold and delivered to you by byron baybies remains with byron baybies as long as you have not paid byron baybies' claims under the agreement or previous or later similar agreements.
no text or photo from the website may be copied or used without explicit permission from byron baybies.
7. SHIPPING AND DELIVERY
at the moment the sales agreement is made, the risk on the purchased goods passes to you, the buyer. byron baybies decides independently which transport company will deliver the goods purchased by you.
delivery takes place while stocks last. deliveries are made by byron baybies' various logistics partners through the sendcloud shipping platform. orders are delivered to the delivery address provided by you or delivered to your chosen pickup point if you opted for this shipping method.
in accordance with the rules of distance selling, byron baybies will fulfill orders within 30 days. ff this is not possible, you will receive a message from us within 14 days after placing your order, in which case you have the right to cancel the order free of charge. the latter can occur, for example, because the ordered product is not in stock or no longer available, because there is a delay for other reasons or because an order cannot or only partially can be executed.
byron baybies is not liable if the delivery deadline is exceeded due to the fault of the carrier, nor in case of damage, theft or loss of the products or in case of strike. you are aware of the transportation risks and should direct questions in that regard to the carrier. byron baybies makes every effort to package all orders as well and safely as possible.
incorrectly transmitted delivery addresses are your responsibility and may result in additional charges. unless otherwise indicated, prices on the web shop do not include transportation and delivery of the goods. these costs are listed separately and in the checkout section of the webshop.
if the goods delivered by us were damaged during transport, do not match the items listed on the delivery note or do not match the items you had ordered, you must report this as soon as possible and certainly within 5 days and return the items to us within 14 calendar days of receipt.
8. WARRANTY AND COMPLAINTS
although byron baybies makes every effort to satisfy customers, we cannot exclude the possibility that you may have a complaint. you can contact byron baybies with complaints via the contact form on the website or by mail at hello@byronbaybies.com. byron baybies makes every effort to handle complaints within 7 working days after receipt.
as stated in these terms and conditions, you are obliged to check the delivered items immediately upon receipt. if it turns out that the delivered product is wrong, faulty or incomplete, you must (before returning it to byron baybies) immediately report these defects in writing via hello@byronbaybies.com. you attach the necessary descriptions and photos of the defects and send this to byron baybies within 5 days after delivery of the order. byron baybies undertakes to remedy the defects within a reasonable period of time in accordance with the obligations under applicable belgian law.
9. AVAILABILITY OF GOODS AND STOCK
items are offered on the web shop while supplies last. if the goods purchased by you are no longer in stock, byron baybies undertakes to inform you within fifteen calendar days and to send you a credit note, canceling the order. you commit yourself to immediately transfer your account number to byron baybies after the aforementioned notification, so that byron baybies can reimburse the money paid by you, if applicable, within a period of fifteen calendar days after your notification to you. byron baybies cannot be held liable if you would fail to transfer the account number mentioned above to byron baybies.
you irrevocably renounce every right and claim for damages that would result from the dissolution of the sales agreement due to the exhaustion of stock.
10. RIGHT OF WITHDRAWAL
in accordance with the law of april 6, 2010 on market practices and consumer protection, you have the right to revoke your online order within 14 calendar days from the day following the delivery of the products. there is no right to cancel if the product and packaging are no longer in their original, complete, undamaged and unused condition. if you do not return the delivered items to byron baybies after this period, the purchase is a fact. the right of withdrawal does not apply to personalized products. these products can neither be exchanged nor returned. also, briefs and swimwear - for hygiene reasons - cannot be exchanged or returned.
you are also obliged, before returning or returning your purchased products, to notify byron baybies in writing within 7 working days after delivery. if you have used the product or it became damaged in any other way, the right to dissolution in the sense of this paragraph expires. subject to what is stated in the previous sentence, byron baybies will ensure that within 30 days after proper receipt of the product, the full purchase price will be refunded to you. any return of the delivered items will be entirely at your expense and risk.
11. PRIVACY
if you place an order with byron baybies, your data will be included in our customer file. your data will not be given to third parties. we may use this data for promotional purposes of our products and services and especially for the handling of orders. as a buyer, you have the right to access the data relating to you and can request its rectification or deletion by sending an e-mail to hello@byronbaybies.com. more information on how we handle personal data can be found in our privacy policy.
12. LIABILITY
failures or interruptions of and errors on the website and the web shop of byron baybies do not give rise to any right to compensation for the user or third parties. byron baybies is not liable for possible transmission of viruses or malware via the website or the web shop.
neither is byron baybies liable for damage caused by misuse of the products purchased from it. before use, please read the instructions on the label and/or consult the information on our web shop.
13. FORCE MAJEURE
byron byabies will not be liable if and to the extent as it cannot fulfill its obligations as a result of force majeure.
force majeure means any strange cause, as well as any circumstance, which in all reasonableness should not be for its risk.
delay at or failure to perform by our suppliers, internet failures, electricity failures, e-mail traffic failures and failures or changes in technology provided by third parties, transport difficulties, strikes, government measures, delays in supply, negligence by suppliers and/or manufacturers of byron baybies as well as by auxiliaries, defects in auxiliary or transport means are explicitly considered force majeure.
in case of force majeure, byron baybies reserves the right to suspend its obligations and is also entitled to rescind the agreement in whole or in part, or to demand that the contents of the agreement be changed in such a way that execution remains possible. in no case will byron baybies be obliged to pay any fine or compensation.
14. WARRANTY
our warranty is limited to the warranty for hidden defects and the warranty in case of consumer purchase, both provided for in the civil code. we are only responsible for damage resulting from intent or gross negligence.
15. APPLICABLE LAW/COMPETENT COURT
if a dispute arises from our cooperation agreement or any agreements based on it, we will attempt to resolve it in the first instance through impartial arbitration. if we cannot resolve the dispute in this way, we will have our dispute settled by a competent judge in the district of antwerp.
both parties (you as customer and we as supplier) accept electronic communication (e.g. e-mail) as evidence.