Terms of service

These are the contact details of the company under which the store operates:

babaà Design S.L., referred to as "The Seller"
Address: Calle San Marcos 43, 28004 Madrid, Spain
Contact: info@babaa.es
VAT/Registration number: ESB87113353
Phone: +34 915 320 766

Use of our website

These Terms are the only conditions that are applicable to the use of this website and they replace all other conditions, except with the express, prior written agreement of the Seller. These Terms are important for both you and us as they have been designed to create a legally binding agreement between us, protecting your rights as a valued customer and our rights as a business.

You agree that, by placing your order, you unreservedly accept these Terms, having read them. You agree that:

1. You may only use the website to make legitimate enquiries or orders.
2. You will not make any speculative, false or fraudulent orders. If we are reasonably of the opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.
3. You undertake to provide correct and accurate email, postal and/or other contact details to us and acknowledge that we may use these details to contact you in the event that this should prove necessary.
4. If you do not give us all of the information that we need, we may not be able to complete your order. By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

Service availability

The items we offer on this website are only available in the countries which are added to an available shipping method.

How the contract is formed

The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded. To place an order, you will be required to follow the shopping process online and confirm payment at checkout. After this, you will receive an email from us acknowledging that we have received your order (the "Order Confirmation"). Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance by sending you an email that confirms that the product has been dispatched (the "Shipment Confirmation"). The contract for the purchase of a product between us ("Contract") will only be formed when we send you the Shipment Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation.

Availability of products

All orders for products are subject to availability. In the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order such substitute products, we will refund any monies that you might have paid.

Refusal of order

We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to you or any other third party by reason of our withdrawing any product from this website, removing or editing any materials or contents on this website, or refusing to process or accept an order after we have sent you the Order Confirmation.

Delivery

Subject to availability, and unless there are any exceptional circumstances, we will endeavour to fulfil your order by the delivery date set out in the Order Confirmation or, if no estimated delivery date is specified, within 15 days of the date of the Order Confirmation. Reasons for delay could include customisation of products, specialised items, unforeseen circumstances or the delivery area. If for some reason we are unable to deliver on this date we will inform you and give you the option to continue with the purchase with a new delivery date or to cancel the order and be reimbursed the full amount paid. Please remember that we do not deliver on Saturdays or Sundays.

Unable to deliver

If we are unable to deliver the goods after two attempts, we will try to find a safe secure place to leave your parcel. We will leave a note explaining where your parcel is and how you can rearrange delivery. If you are not going to be at the delivery location at the time agreed, please contact us to rearrange delivery for another mutually convenient day.

Risk and title

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, or upon delivery, whichever is the later.

Price and payment

While we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund. We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you an Order Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognised by you as such.

The prices displayed on our website include VAT for all EU countries. Shipping is free on all orders. We reserve the right to decline orders for bulk or high value purchases and to change price and availability information without notice. Other than as previously explained, changes will not affect orders in respect of which we have already sent an Order Confirmation.

Pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply shall be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied. Pursuant to the applicable rules and regulations in each jurisdiction, the "reverse charge" rule (article 194 of Directive 2006/112) may apply to goods supplied in certain Member States of the European Union if the customer is or is required to be a taxable person for VAT purposes. If this is the case, no VAT would be charged by us, subject to confirmation by the recipient that the VAT on the items supplied would be accounted for by the customer under the reverse charge procedure. Orders to be supplied in the Canary Islands, Ceuta and Melilla are VAT exempt as provided under article 146 of the above referred Directive, subject to the application of the relevant taxes and customs duties pursuant to the prevailing rules and regulations.

Defective products

Defective products will be refunded in full, including a refund of the delivery charges and any reasonable costs incurred by you in returning the item. We will always refund any money using the method used to make payment.

THE PROVISIONS SET OUT IN THIS CLAUSE DO NOT AFFECT YOUR STATUTORY RIGHTS RELATING TO FAULTY OR MISDESCRIBED GOODS OR YOUR RIGHT TO CANCEL ORDERS UNDER APPLICABLE DISTANCE SELLING REGULATIONS.

Liability and disclaimers

Our liability in connection with any product purchased through our website is strictly limited to the purchase price of that product. Nothing in these Terms shall exclude or limit in any way our liability: (1) for death or personal injury caused by our negligence; (2) for fraud or fraudulent misrepresentation; (3) for any matter for which it would be illegal or unlawful for us to exclude or limit, or attempt to exclude or limit, our liability.

Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless otherwise stated in these Terms, we accept no liability for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for any: loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; and waste of management or office time. Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website. All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. Nothing in this clause will affect your statutory rights as a consumer, or your Contract cancellation rights.

Intellectual property

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.

Written communications

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Notices

Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

Transfer of rights and obligations

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. Any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control ("Force Majeure Event"). A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation): strikes, lock-outs or other industrial action; civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; impossibility of the use of public or private telecommunications networks; the acts, decrees, legislation, regulations or restrictions of any government; and any shipping, postal or other relevant transport strike, failure or accidents.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the Notices paragraph above.

Severability

If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.

Entire agreement

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into this Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms. Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.

Our right to vary these Terms

We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you order products from us, unless any change to those policies, Terms or Privacy Policy is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

Law and jurisdiction

Any dispute arising from, or related to, the Contracts shall be subject to the non-exclusive jurisdiction of the courts. If you are contracting as a consumer, nothing in this clause will affect your statutory rights as such.