Privacy Policy & Terms Of Service

You can read our privacy policy and our terms & conditions of service below

 

Privacy Policy

Who we are

babaà Design S.L.

Our website address is: https://babaa.es.

Personal data we collect :

Purchases 

We hold a record of all your previous purchases in addition to your email, shipping & billing addresses. 

We use cookies to: 

  • Track products you’ve viewed: we’ll use this to, for example, show you products you’ve recently viewed
  • Location, IP address and browser type: we’ll use this for purposes like estimating taxes and shipping
  • Shipping address: we’ll ask you to enter this so we can, for instance, estimate shipping before you place an order, and send you the order!

We’ll also use cookies to keep track of cart contents while you’re browsing our site.

When you purchase from us, we’ll ask you to provide information including your name, billing address, shipping address, email address, phone number, credit card/payment details and optional account information like username and password. We’ll use this information for purposes, such as, to:

  • Send you information about your account and order
  • Respond to your requests, including refunds and complaints
  • Process payments and prevent fraud
  • Set up your account for our store
  • Comply with any legal obligations we have, such as calculating taxes
  • Improve our store offerings
  • Send you marketing messages, if you choose to receive them

If you create an account, we will store your name, address, email and phone number, which will be used to populate the checkout for future orders.

We generally store information about you for as long as we need the information for the purposes for which we collect and use it, and we are not legally required to continue to keep it. For example, we will store order information for at least 5 years for tax and accounting purposes. This includes your name, email address and billing and shipping addresses.

We will also store comments or reviews, if you choose to leave them.

Payments

We accept payments through PayPal & Stripe credit card services. When processing payments, some of your data will be passed to Stripe and/or PayPal, including information required to process or support the payment, such as the purchase total and billing information.

Please see the PayPal Privacy Policy for more details.

Please see the Stripe Privacy Policy for more details.

Note: We never receive or hold any of your credit card numbers. They are encrypted and passed directly to our credit card payment provider (Stripe).

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymised string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Contact Forms / Customer Support

We hold a record of all contact forms and customer support requests submitted to us. We also hold a timestamped record of the IP address used to make the submission. 

Other Cookies

By visiting our website you consent to our use of cookies to provide you with the best possible user experience. When you first visit our site we will set some temporary cookies, these cookies allow our shopping cart and online shop to function. These cookies can be removed by clearing the cookie cache in your web browser. Some web browsers will clear these temporary cookies automatically after a predetermined period of time. 

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Here are some of the cookies we currently use;

Google Analytics

We use Google Analytics to track visitors on this site. Google Analytics uses cookies to collect this data. In order to be compliant with the new regulation Google included a data processing amendment. The data we collect will be processed anonymously and “Data sharing” is disabled. 

Mailchimp

We use Mailchimp for our newsletter campaigns. MailChimp is the world’s largest marketing automation platform and is GDPR compliant. They have a campaign builder that makes it easy to create email templates. In Mailchimp we only store your email address, country & purchase history. 

Facebook

We use Facebook cookies to track user behavior (including page loads & purchases) . We also use data collected by Facebook’s cookies for advertising & re-marketing. 

Statcounter

We use Statcounter cookies to track user behavior and traffic trends. User IP addresses are also stored. 

 

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

 

Who we share your data with

The data collected by our cookies maybe shared with the following companies and/or groups:

Google

Facebook

MailChimp

Statcounter

WordPress 

WooCommerce and 3rd party extensions

Partners of babaa design ssl

 

Behavioral Advertising

We use your personal information and cookie information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For more information about how targeted advertising works, you can visit the network advertising initiative’s (“nai”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work .

You can opt out of targeted advertising by using the links below:
– facebook: https://www.facebook.com/settings/?tab=ads
– google: https://www.google.com/settings/ads/anonymous
– bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads

Additionally, you can opt out of some of these services by visiting the digital advertising alliance’s opt-out portal at: http://optout.aboutads.info/.

Do Not Track

We do not alter our site’s data collection and use practices when we see a do not track signal from your browser.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognise and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments or have made a purchase, you can request an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

 

Contact Us:

If you have any questions or need any assistance or clarification with our privacy policy, please get in touch:

Email:

info@babaa.es

Phone:

+34 915 320 766

Business Address

babaà Design S.L.

Calle San Marcos 43

28004

Madrid

 

Terms Of Service

 

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

Title – babaà Design S.L. referred to as The Seller in Legal Disclaimer

Address: Calle san Marcos 43, Madrid – Spain

Contact: info@babaa.es

VAT/Registration number: ESB87113353

Phone Number +34 915320766  

 

LEGAL DISCLAIMER

The Seller rejects all responsibility of the misuse of the content posted on this website and reserves the right to update, delete, limit and restrict your access at any time temporarily or permanently. The Internet pages of The Seller may contain links to other third parties that The Seller has no control over. Therefore, The Seller can not assume responsibility for the content that may appear on these pages. The texts, images, sounds, animations and other content included in this Website are the exclusive property of The Seller. Any transmission, distribution, transfer, reproduction, storing or total or partial public communication, must have the expressed consent of The Seller.

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 Vendor. 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 also undertake to provide correct and accurate e-mail, 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 a 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 press the “Order Now” button to submit the order. After this, You will receive an e-mail 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 to You by sending You an e-mail 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. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.

AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, 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 the 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, whether it has been sold or not, removing or editing any materials or contents on this website or for 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 endeavor to fulfill your order for product(s) listed in the Order Confirmation 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: ● Customization of products; ● Specialized items; ● Unforeseen circumstances; or ● Delivery area; If for some reason we are unable to deliver on this date we will inform you of this situation and give you the option to continue with the purchase with a new delivery date or alternatively canceling the order and reimbursing you with 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, including delivery charges, 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 canceling 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 recognized by You as such.

The prices displayed on our website include VAT for all EU countries but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide. 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. Once You have finished shopping all the items You wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this:

1. Click the “Shopping bag” button at the top of the page.

2. Click on the “Checkout” button.

3. Fill-in or check your contact details, the details of your order, the delivery address and the invoicing address.

4. Enter the details of your credit card or choose alternative payment provider.

5. Click on “Order Now”  

In this regard and 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 as per the orders placed. Pursuant to the applicable rules and regulations in each jurisdiction, the rule of the “reverse charge” (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 the confirmation by the recipient that the VAT on the items supplied would be accounted for by the customer under the reverse charge procedure. As regards orders to be supplied in the Canary Islands and Ceuta and Melilla, they would be VAT exempt as provided under article 146 of the above referred Directive, subject to the application of the relevant taxes and custom duties pursuant to the prevailing rules and regulations.  

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. Please notice that if your refund is not in full ( full order ) we will not refund your original shipping costs. We will always refund any money using the method used to make payment.

THE PROVISIONS SET OUT IN THIS CLAUSE DOES NOT AFFECT YOUR STATUTORY RIGHTS RELATING TO FAULTY OR MISDESCRIBED GOODS OR YOUR RIGHT TO CANCEL ORDERS UNDER THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS.

LIABILITY AND DISCLAIMERS

Our liability in connection with any Product purchased through our web site 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: a. loss of income or revenue; b. loss of business; c. loss of profits or contracts; d. loss of anticipated savings; e. loss of data; and f. 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 authorized 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 e-mail 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 e-mail 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 e-mail that such e-mail was sent to the specified e-mail 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. For the avoidance of doubt, 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) the following:

● 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.

● 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 endeavors 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 and conditions, 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 provisions of the paragraph on Notices 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 be 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, Terms in force at the time that You order products from us, unless any change to those policies, Terms or Privacy Statement 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 court. If You are contracting as a consumer, nothing in this clause will affect your statutory rights as such.