Terms and Conditions for the Baby Monsters online store
SCOPE OF APPLICATION
1.1 These General Terms and Conditions (hereinafter, the “T&C”) are applicable to all of the Baby Monsters products sold via the website www.baby-monsters.fr (hereinafter, the “Website”) and to all of the remote agreements (hereinafter, the “Agreements”) between Baby Monsters (hereinafter also referred to as “us” or “our”) and the consumer (hereinafter also referred to as “you” or “your”) that are entered into via the Website. “Consumer” shall be understood as meaning a natural person who is not acting in a professional or business-related capacity.
1.2 In addition to these T&C, certain products may also be subject to additional conditions. These shall be expressly indicated next to the product in question.
1.3 Before entering into an Agreement you will be provided with an electronic copy of these T&C and any additional conditions that may apply, so that you can print them out and/or store them on a permanent storage medium. You can also view these T&C on the Website at any time.
1.4 The products offered on the Website are only available in the following countries: Spain, France, Italy and Portugal. (If you are not in any of these countries, please contact us and we will advise you on how to obtain our products.) Unfortunately, we cannot deliver to all postal districts within the aforementioned countries. Please check the Website for updated information.
CORPORATE INFORMATION AND CONTACT DETAILS FOR BABY MONSTERS
Baby Monsters, S.L.
Av Europa no.9, Pol. Ind. Rosanes 08769
CASTELLVÍ DE ROSANES, Tax ID Code (NIF) B63475693
+34 964 219 067
Opening hours: Monday to Friday, 9:00 a.m. to 5:00 p.m.
NIF: B63475693. Registered in Barcelona Companies Register under Entry 2 on Page B-289613 in Folio 181 of Volume 36448. Baby Monsters is responsible for the use, management and operation of the Website.
3. SPECIAL OFFERS, PRICES AND SHIPPING COSTS
3.1 The prices and shipping/delivery costs specified on the Website are inclusive of VAT.
3.2 If a special offer or price is valid for a limited period of time, or a particular offer or price is subject to certain conditions, this information shall be expressly stated on the Website next to said offer or price.
3.3. Any shipping/delivery costs that may apply to your order shall be clearly indicated prior to formalizing the Agreement, and shall be confirmed in the Order Confirmation message.
3.4 Although we endeavour to make sure all of the prices and information that appear on our Website are correct, errors may still occur. If we notice an error in the pricing of one or more of the products you have ordered, we will inform you as soon as possible and offer you the option of re-confirming the order, this time with the correct price, or cancelling it and withdrawing from the Agreement. If we are unable to contact you within a reasonable amount of time using the contact details you have provided, or if you do not re-confirm the order after we have corrected the price, the Agreement shall be cancelled automatically.
4. FORMALIZATION OF THE AGREEMENT
4.1 The Agreement shall be considered formalized once you have clicked on the “Order and payment” button at the end of the order process.
4.2 When the order process has been completed, we will send you an Order Confirmation email confirming the products you have ordered. The email will also specify the amount of the order, any shipping/delivery costs (VAT inclusive) that may apply, and your chosen methods of payment and delivery. As soon as your order is ready to be shipped from our warehouse, we will send you a Shipping Confirmation email.
4.3 Within the limits provided for by law, Baby Monsters may seek out information regarding your creditworthiness, or regarding any other circumstances or details that may be relevant with a view to the successful completion of the Agreement. If, after these checks have been carried out, we have well-founded reasons not to enter into an Agreement, we may justifiably reject an order or request, or subject it to specific conditions.
5. CANCELLING OR WITHDRAWING YOUR ORDER
5.1 You may cancel your order at any time prior to receiving a Shipping Confirmation message from us. In order to cancel an order, you must contact us via email or telephone and clearly specify that you wish to cancel the order. You must also specify the order number. We will then send you an email to confirm the cancellation of the order. If you cancel the order before receiving the Shipping Confirmation message, we will refund the full amount you have paid. We will make the refund within 14 days following your cancellation.
5.2 You have the right to withdraw from the Agreement, without giving a reason, within the stipulated cooling-off period.
Buggies/strollers and related products: You have the right to withdraw from an Agreement to purchase these products, without having to give a reason, within the 30-day cooling-off period.
The cooling-off period begins on the date on which the order was delivered to you (or to a representative that you designated and informed us of beforehand).
5.3 During the cooling-off period, you must handle the product and its packaging with care. You may not unpack or use the product more than is strictly necessary in order to decide whether or not you wish to keep it. As a guideline, you may only handle and inspect the product to the same extent that you would be allowed in a shop. You shall only be held responsible for deterioration of the product that occurs as a result of handling it outside of the limitations specified herein.
5.4 You may exercise your right to withdraw from an Agreement by calling our Customer Services on +34937735515
(opening hours: Monday to Friday, 9:00 a.m. to 5:00 p.m.), by visiting our Website, or by writing to firstname.lastname@example.org.
Immediately after notifying us of your wish to withdraw, we will send you an email confirming receipt of your withdrawal notice.
5.5 If you wish to exercise your right to withdraw, you must return the product to us in an undamaged condition, with all of its accessories, in its original condition and with its original packaging, within 14 days after exercising your right to withdraw. We also ask that you fill out and include the return label that was delivered to you along with the product. This will help to speed up the process of returning the products and refunding your money.
5.6 To exercise your right to withdraw correctly and within the stipulated period, you shall bear the corresponding risks and burden of proof. You must also bear the direct costs of returning the product.
5.7 If you wish to exercise your right to withdraw, all supplementary Agreements shall be legally terminated.
6. DELIVERY AND RESERVATION OF TITLE
6.1 The products shall be delivered to your specified address within a maximum of 14 days following your placement of the order, unless a longer delivery period has been agreed. Our shipping agent cannot deliver on Saturdays or Sundays.
6.2 If delivery is delayed, or if an order cannot be fulfilled (whether in full or in part), you will be notified within a maximum of 14 days following your placement of the order. Under these circumstances, you may cancel the Agreement free of charge. We will refund the full amount you have paid within 14 days.
6.3 If it is not possible to deliver one or more of the products you have ordered, we shall endeavour to offer you a replacement product of similar or superior quality. However, you shall not be obliged to accept this replacement, and may choose to cancel the Agreement free of charge; in which case we shall refund the full amount you have paid within 14 days.
6.4 If, after two attempts, our shipping agent is unable to deliver your order to the address you specified, they will leave a delivery note informing you where the order is, how you can collect it, and how long it will be held for.
6.5 The products shall be delivered to the address you specified in your order. The products shall be considered duly delivered once you have signed to confirm your receipt of the order at the agreed delivery address.
6.6 Ownership of the products shall not be transferred to you until we have received full payment for all of the amounts that are owed for the products in question. Any risks concerning the damage and/or loss of the products shall be transferred to you at the moment the products are delivered.
7.1 Unless agreed otherwise in writing, the amounts you owe must be paid within 14 days following the start of the cooling-off period mentioned in article 5.2 of these T&C.
7.2 If you notice any errors in the payment information you have given us, you must notify us immediately.
7.3 If you are paying by credit card, after we have received your order we will place a pre-authorization on your credit card in order to make sure there is sufficient money to complete the transaction. If we cannot obtain the required authorization, we cannot be held liable for any delays or failures to deliver.
7.4 If you fall behind in your payment obligations to Baby Monsters, we may exercise our right to charge interest at the legally applicable rate, along with any reasonable costs that Baby Monsters may have incurred in the process of obtaining full payment, including the costs of collection. We may also exercise our right to claim ownership of the products that have been delivered to you, and to demand that you return them. Under such circumstances, you must also bear the cost of returning them.
8. COMPLIANCE AND GUARANTEE
8.1 We guarantee that the product or service complies with the T&C stipulated in the Agreement, the specifications as described in the product description, the reasonable requirements for reliability and quality, and any legal stipulations or governmental regulations that may apply at the time the Agreement is formalized. Provided a specific agreement has been reached in this respect, we also guarantee that the product is suitable for use other than that which is considered normal.
8.2 Any extended warranty agreements we may offer shall never affect the legal rights and claims you may exercise against us under the terms of the Agreement, in the event that we breach any part of same.
8.3 An “extended warranty” is defined as any commitment on our part that grants you additional rights or claims beyond those stipulated by law, in the event that we breach our obligations as set out in the Agreement.
9.1 When you use our Website, you accept that communication with us will take place chiefly via electronic channels, and that we will normally contact you via email for matters related to fulfillment of (or compliance with) the Agreement or to send you information. Please make sure that our email is not diverted into your Spam folder.
9.2 All of your messages to us must preferably be sent via email.
9.3 Emails shall be considered received and duly delivered 24 hours after they have been sent. Letters shall be considered received and duly delivered three days after they have been sent. To demonstrate that notification has taken place, you simply need to give proof that the email was sent to the recipient’s email address, or that the letter was posted to the correct address and bore the correct postage.
10. MODIFICATION OF THESE TERMS AND CONDITIONS
Any modifications to these T&C shall enter into effect following their publication, and shall only apply to Agreements that are formalized after the modifications enter into effect. In the event that modifications are made while a particular offer remains valid, the stipulation that is most favourable to the consumer shall be applied.
If you have any complaints regarding a product we have delivered to you or regarding our services, please send your complaint via email to
email@example.com. We will respond to your complaint within a maximum of 14 days following receipt of your email. If we anticipate that the complaint will take longer to deal with, we will send you a message to confirm receipt of your complaint within the 14-day period, and specify how long it will take to provide a more comprehensive response. We will do everything possible to address your complaint as satisfactorily as possible and in consultation with you.
12. APPLICABLE LEGISLATION
These T&C and the Agreements to which they apply shall be governed by the laws of Spain. Any disputes that may arise in relation to the fulfillment and interpretation of these T&C and/or the Agreements shall be subjected to the jurisdiction of the courts and tribunals of Spain. However, this shall not affect any rights you may have under the legislation of your country of residence.
These General Terms and Conditions were last modified on 14 April 2020.