Terms of purchase
GENERAL CONDITIONS OF PURCHASE
1. IDENTIFICATION OF THE OWNER IN ACCORDANCE WITH LAW 34/2002
www.babybites.shop is a domain owned by BABY BITES, S.L. domiciled at Calle Menuts, 30, 17820 - Banyoles (Girona), with C.I.F. B55165039, registered in the Companies Register of Girona, Volume 3031, Page 126, GI-58350.
Our contact details are as follows:
E-mail: info@babybites.es
Telephone: 972659106
BABY BITES, S.L. is the owner and administrator of the official on-line sales website "www.babybites.shop " through which BABY BITES, S.L. products are offered for sale to companies and freelancers.
The present General Conditions of Purchase regulate without restriction the sales of products made by BABY BITES, S.L. from the indicated web domain. These conditions can be printed and stored by Web Users by clicking on the following link: "GENERAL CONDITIONS OF PURCHASE".
2. SCOPE OF APPLICATION. ACCEPTANCE OF THE GENERAL CONDITIONS OF PURCHASE
These General Conditions establish the conditions for the placing of orders, payment and delivery of the products ordered, as well as the management of potential responses regarding the same.
The placing of a purchase order by the customer on the website implies knowledge and full acceptance of these General Conditions of Purchase and our Privacy Policy.
The language in which the contract is made through this website is Spanish.
3. YOUR DATA AND YOUR VISITS TO THIS WEBSITE
The information or personal data you provide will be processed in accordance with the provisions of the Privacy Policy of www.babybites.shop , in accordance with the provisions of Regulation (EU) 2016/679.
The sole purpose for the processing of your data is the management of the purchase made through this website. By using this website you consent to the processing of such information and data and declare that all information or data you provide is true and corresponds to reality.
4. USE OF OUR WEBSITE
The pages of this website are freely accessible to the public, free of charge.
The user must use the website in accordance with the law, good customs, morality and public order. Therefore, the owner of this website cannot assume any liability whatsoever arising from the misuse, improper, incorrect or illicit use of the website and/or its content.
Nor will it assume any responsibility for connection problems or viruses that may arise as a result of the intrinsic risks of connection and Internet browsing.
The user accesses this website voluntarily. Accessing and browsing this website implies acceptance and knowledge of the legal warnings, conditions and terms of use contained therein.
Mere access does not imply the establishment of any type of commercial relationship between BABY BITES, S.L. and the user.
BABY BITES, S.L. reserves the right to modify the conditions of access and the content of the Web when it deems appropriate and without prior notice.
By using this website and placing orders through it you agree to:
- Use it only to make legally valid enquiries or orders.
- Not to place any false or fraudulent orders. If we reasonably believe that such an order has been placed we will be entitled to cancel it and inform the relevant authorities.
- To provide us with your email address, postal address and/or other contact details truthfully and accurately. You also agree that we may use this information to contact you if necessary. If you do not provide us with all the information we require, we will not be able to process your order.
By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.
BABY BITES, S.L. informs you that, during the purchase process, specifically in section 2, if you are already a customer, you will have to identify yourself with your user name and password. If you are not a customer, we will ask you to register your data by means of a collection form, in which the following data will be requested: name, surname, address, post code, city, telephone, e-mail, password and country, in order to obtain the necessary information for the shipment and invoicing of the order.
The user will have access to their orders, invoices, order tracking, as well as the modification of data. These passwords will be used to access the services provided through the Website.
The user shall be solely responsible for keeping the passwords in the strictest and absolute confidentiality, assuming, therefore, any damages or consequences of any kind arising from the breach or disclosure of the secret. For security reasons, the password for telematic access to the services linked to the Website may be modified at any time by the user. The User undertakes to notify BABY BITES, S.L. immediately of any unauthorised use of his/her password, as well as access by unauthorised third parties to the same.
5. CONTRACT (placing an order)
The information contained in these Conditions and the details contained in this website does not constitute an offer of sale, but an invitation to contract.
To place an order, you must follow the online purchasing procedure and click on the acceptance of the GENERAL CONDITIONS OF PURCHASE.
You will then receive an email acknowledging receipt of your order "Order Confirmation". All orders are subject to our acceptance, of which you will be informed via an email confirming that the product is being shipped: the "Shipping Confirmation". The contract for the purchase of a product between you and us will only be formed when we send you the Dispatch Confirmation.
Only those products listed in the Dispatch Confirmation will be the subject of the Contract. We shall not be obliged to supply you with any products that may have been ordered until we confirm the dispatch of the product to you in a Dispatch Confirmation.
Please note that the Dispatch Confirmation will be sent to you within 48 hours of placing your order if you have chosen home delivery or collection from a Post Office or Punto Pack shop.
6. PRODUCT AVAILABILITY
The complete management of your order is subject to the availability of the products ordered so that if at the time of preparing your order in our warehouse we do not have the product you want because there is no stock of it or because we consider that the product is not in condition for sale, we will inform you of this and we will refund the amount you have paid for it within a maximum period of seven days from when we inform you that the product cannot be delivered.
In any case we will inform you of any modification that may occur in your order due to the unavailability of items.
7. DELIVERY
BABY BITES, S.L. works in cash. Therefore, we proceed to ship orders once we have received proof of payment or deposit in account. Please note that deliveries will not be made at weekends or on public holidays.
For the purposes of these General Conditions, it shall be understood that "delivery" has taken place or that the order has been delivered at the time of signing the receipt of the order at the agreed delivery address.
8. PRICE, TERMS AND CONDITIONS, DELIVERY COSTS AND TERMS OF PAYMENT
8.1 PRICE
The price of the products will be the price stipulated at all times on our website. Obviously, the price and other conditions of the items you have ordered from us will not be modified during the period of time between your offer and the acceptance of the same issued through the shipping confirmation unless by law or decision of government agencies we must make changes retroactively in such policies, Conditions or Privacy Statement, in which case, any changes will also affect the orders you had previously made.
The prices shown on the website are indicated in euros, include any possible discounts and VAT applicable on the date of the order, but do not include delivery costs, which are indicated in the following section.
Likewise, it is indicated that BABY BITES, S.L. will inform its customers of the period and discounts applicable in the Sales of each season.
Furthermore, BABY BITES, S.L. has the right to make promotions and occasional discounts and undertakes to apply the same actions and discounts for its customers.
8.2 DELIVERY CONDITIONS AND COSTS
Delivery times are 3-7 days once payment has been made. In the hypothetical case of delay in delivery, BABY BITES, S.L, will not be held responsible for this. However, the company will take the opportune actions to try to solve it as soon as possible and to try that this inconvenience is not reproduced in future shipments.
8.3 PAYMENT CONDITIONS
The methods of payment for www.babybites.shop are as follows:
Credit card
PayPal (a 5% commission will be added to payments made via PayPal, in order to share the commission). Proof of payment should be sent to: info@babybites.es
BABY BITES, S.L. does not receive or store the details of your debit or credit card or your PayPal account. You will know that the page is secure by the padlock displayed at the bottom of your browser (or if the address of the web page begins with https). This method is the recognised standard for secure transactions.
By clicking "Authorise Payment" you are confirming that the bank card is yours. Bank cards will be subject to checks and authorisations by the card issuer, but if the card issuer does not authorise payment, we will not be liable for any delay or non-delivery and will not be able to enter into any Contract with you.
Upon confirmation of your order, BABY BITES, S.L. will send you a confirmation message informing you that your order has been duly registered. The transfer of the risk of loss and deterioration of the products will take place after the delivery and reception of the Products by the Client.
9. RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within a maximum period of 14 calendar days without giving any reason.
The withdrawal period will expire after 14 calendar days from the day on which you or a third party indicated by you, other than the carrier, acquired material possession of the goods.
To exercise the right of withdrawal, you must notify BABY BITES, S.L., located at Calle Menuts, 30, 17820 - Banyoles (Girona), of your decision to withdraw from the contract by means of an unequivocal statement to this effect (for example, a letter sent by post). You can also inform us of your right to withdraw from this contract by sending an e-mail to info@babybites.es .
You may use the model withdrawal form below, although its use is not compulsory. In order to comply with the withdrawal period, it is sufficient that the communication concerning your exercise of this right is sent before the expiry of the withdrawal period.
Model withdrawal form
- To the attention of:
BABY BITES, S.L.
Calle Menuts, 30, 17820 - Banyoles (Girona)
info@babybites.es
I hereby inform you that I withdraw from my contract of sale of the following good/performance with the reference number (*)
Order placed on (*) / received on (*)
Name(s) of consumer and user(s)
Address of the consumer and user or consumers and users
Signature of the consumer and user(s) and user(s)
Date and place
(*) Delete where not applicable.
Consequences of withdrawal
In the event of withdrawal by you, we will refund all payments received by you, including the initial shipping costs of your order.
The time limit for us to make this refund will be a maximum of 14 calendar days from the date on which we are informed of your decision to withdraw from this contract. However, we may withhold reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
We will carry out such reimbursement using the same means of payment used by you for the initial purchase, unless you have expressly agreed otherwise; in any event, you will not incur any costs as a result of the reimbursement.
In case of withdrawal you must return the products to us and bear the direct cost of the expenses generated by the return of the products to us:
BABY BITES, S.L.
Calle Menuts, 30, 17820 - Banyoles (Girona)
You may also exercise your right of withdrawal by contacting us at admin@babybites.es or at Calle Menuts, 30, 17820 - Banyoles (Girona), in which case the exercise of the right of withdrawal will not generate any type of expense for you.
You will only be liable for any diminished value of the products, from the time you receive them until you inform us of the withdrawal, resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the products.
The right of withdrawal shall not apply to contracts relating to the supply of sealed goods which are not suitable for return for reasons of health protection or hygiene and which have been unsealed after delivery.
10. RETURNS AND EXCHANGES
The following conditions relating to exchanges and returns of our products do not apply in the case of exercise of the right of withdrawal. If for any reason you are not satisfied with your order, you have a period of 30 days from the date of delivery of the product to exchange or return it.
The thirty-day period shall be calculated on the basis of the date shown on the delivery note.
For any exchange or return, the product must not have been used and must be returned in perfect condition, including labels, instructions and guarantees (if any).
The refund of the amounts will be made within a maximum period of 30 days from the time the order is returned and in the same payment method used to pay for the purchase (bank card) unless you choose a different payment method.
If you paid for your order through your PayPal customer account, we will credit the amount to your PayPal account.
The following cases are excluded from the money-back guarantee:
- For hygienic reasons, bathing articles, hygiene articles, pillows, harnesses, pyjamas, support belts, positioners, feeding aids, cushions, mattresses and other anti-scalp products cannot be returned if they have been removed from their original packaging.
- If the product, once delivered, suffers deterioration caused by external events, accidents or non-compliance with the instructions for use.
- If the product is damaged due to incorrect installation or configuration of the accessories by the customer.
- If a fault is caused by a component not supplied by us.
- If it is a custom-made or personalised product.
- In the event that the manufacturer's general terms and conditions so indicate.
- If the product is not in perfect condition and with all the original contents.
- If the packaging has not been protected so that we receive it in perfect condition.
11. LIABILITY AND WARRANTIES ON OUR PRODUCTS
The legal guarantee applies from the delivery of the product for a period of 2 years, within 2 months of the discovery of the defect. In the first 6 months, BABY BITES, S.L. must provide proof of the absence of defect, then it will be up to the customer to provide proof of the existence of a defect in the product within the following 18 months.
The guarantee shall not apply in the case of:
- Modification of the product by the customer.
- Normal wear and tear of the product.
- Improper use of the product.
- Non-compliance with the product's maintenance rules.
- Damage caused by transport or storage of the product.
When the defect of the product is proven, the replacement or repair of the product will be done free of charge, except if there is a disproportionate cost in relation to the damage or if it is impossible. In case of impossibility, BABY BITES, S.L. will proceed to the partial or total reimbursement, according to the case. When the defect of conformity is proven, the replacement or the repair of the product will be made without expenses for the client and without obligation of term. The product in question must have been ordered on www.babybites.es and must have been returned in its original packaging, and any request must be sent to the following e-mail address: admin@babybites.es.
Finally, we inform you that BABY BITES, S.L. is not responsible for the misuse of the products. In this sense, any damage derived from the misuse of the product or negligence in the care of the baby will be of absolute responsibility of the parents, tutors, or those who have the responsibility to watch and/or take care of the baby.
12. OUR RIGHT TO MODIFY THESE CONDITIONS
BABY BITES, S.L. reserves the right to revise and modify these Conditions at any time.
However, the price and other conditions of the items you have ordered from us will not be modified during the period of time between your offer and the acceptance of the same issued through the shipping confirmation unless by law or decision of government agencies we must make changes retroactively in such policies, Conditions or Privacy Statement, in which case, any changes will also affect the orders you had previously made.
With respect to the offers sent, they are valid for 15 days from the date of issue. If payment is not received within this period of time, they will be automatically deleted.
13. APPLICABLE LAW AND JURISDICTION
The use of our website and contracts for the purchase of products through this website shall be governed by Spanish law.
The resolution of any type of controversy, dispute or discrepancy that may arise between the user and BABY BITES, S.L. through the use of this website shall be submitted to the Courts and Tribunals that are competent in accordance with current legislation.
Also under Regulation (EU) 524/2013 of the European Parliament and of the Council of 21 May 2013, which facilitates the resolution of disputes that may arise from online commerce between business and consumer, according to Article 13 of the Regulation "Member States shall ensure that traders established in their territories inform consumers about the alternative dispute resolution entity or entities that provide coverage for such traders".
To this end, the ONLINE DISPUTE RESOLUTION body is set up to act as a neutral party and valid interlocutor between the two parties in an attempt to largely avoid recourse to the courts of law.
Consequently, the online platform "ONLINE DISPUTE RESOLUTION" is made available to the consumer.
Further information can be found in Article 14 paragraph 1 of the ODR-VO - downloadable in PDF format at the following link:
"http://eur-lex.europa.eu/legal-content/ES/TXT/PDF/?uri=CELEX:32013R0524"
14. COMMENTS AND SUGGESTIONS
We welcome your comments and suggestions. Please send us your comments and suggestions via our contact form or by e-mail to info@babybites.es .
15. COMPLAINTS, CLAIMS AND DENUNCIATIONS
Article 211-14 of Law 22/2010, of 20 July, of the Consumer Code of Catalonia, which is framed within the requirements applicable to any type of consumer relationship, to any relationship established between, on the one hand, entrepreneurs, intermediaries or the Administration as a provider of goods and services and, on the other hand, consumers, establishes that all entrepreneurs or business people must have complaint or denunciation forms, in accordance with the corresponding regulatory regulation.
That is why BABY BITES, S.L. makes available to the user the official forms as established in Decree 121/2013 of 26 February, which regulates the official forms for complaints, claims and complaints in consumer relations, by clicking here.
Once the official form has been completed and in accordance with article 7.3 of the aforementioned regulation, the User may send the request to the postal address Calle Menuts, 30, 17820 - Banyoles (Girona) or by email to info@babybites.es .
For further information on how to proceed with a complaint, claim or denunciation, the User may contact:
"http://consum.gencat.cat/temes_de_consum/reclamacions/index_es.html#12"
We put a lot of effort and care into each of our articles and our image, so we hope that you will also take the necessary care and that we will be able to present Baby Bites products to an increasing number of mothers and fathers interested in our creations. Thank you very much for your trust!