These are the terms and conditions referred to in your order (‘Order’) for us to supply you with nappies and other baby supplies (‘Goods’).
They describe the terms on which we will sell the goods to you. In particular, we must deliver the correct goods to the right place at the agreed time in good condition, and they explain our legal responsibility to you if we fail to meet these standards.
They also explain that you must pay us the correct price, and when legal ownership of the goods passes from us to you. These issues are important for insurance and risk purposes, and so we have also included a clause to explain the position if goods are damaged or delayed for reasons outside anyone’s control (including natural causes).
This introduction is designed to give you an overview of the terms and conditions, but it is not part of the terms and conditions themselves.
2. Membership Terms & Cancellation Policy
2.1 Monthly Membership Fees; Automatic Renewal
2.1.1 YOU ACKNOWLEDGE AND AGREE THAT EACH MEMBERSHIP AUTOMATICALLY RENEWS UNLESS YOU CANCEL IT OR WE SUSPEND OR TERMINATE IT IN ACCORDANCE WITH THESE TERMS.
2.1.2 We will automatically renew your Membership and charge your Payment Method on each monthly anniversary date of the Membership, as authorized by you by agreeing to the automatic renewal of your Membership during the Member sign-up process.
2.1.3 We will charge your Payment Method with the applicable Membership fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for one month.
2.1.4 To avoid being charged, you must cancel your Membership in accordance with Section 2.3. We will continue to bill your Payment Method on a recurring basis (depending on your Membership and the subscription selections you make) until you cancel.
2.2 Pausing and Resuming Membership
2.2.1 We offer members the ability to temporarily pause their Memberships (“Pause Period”). During the Pause Period, members will remain active members, but they will not receive any Products. A Membership may be placed on a Pause Period for either a one, two, three, or six month period. During the Pause Period, you will remain a member of DSC, continue to receive communications from DSC via email, but will not be charged any maintenance or Membership fee.
2.2.2 Members who are in a Pause Period may resume receiving Products by logging into their account and Resuming shipping either immediately or on their original bill date. You may email any questions about the Pause Period to us at email@example.com.
2.3 Membership Cancellation
2.3.1 Cancelling your Membership means we end our agreement with you under these Terms and owe you no obligations for supply of the Products or use of our Services.
2.3.2 We may cancel your Membership at any time if the following conditions are met: (a) if you do not make any payment to us when it is due and you still do not make payment within sixty (60) days of us reminding you that payment is due; (b) if you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Product(s), for example, your mailing address; (c) if you do not, within a reasonable time, allow us to deliver the Product(s) to you; or (d) if we suspect that a purchase was fraudulently made or an account fraudulently setup.
2.3.3 You may cancel your Membership at any time by logging on to your account page on the Baba Club website. To cancel a membership, please log in to your account and select the “membership settings” link at the bottom of the page, then follow instructions towards cancellation. Cancellation requests submitted in this manner must be received at least one full business day prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received by us through other channels may take up to five (5) days to process. If you have any problems, please email us at firstname.lastname@example.org.
2.3.4 You have a legal right to change your mind within fourteen (14) days of becoming a Member of Baba Club. If you exercise this right and cancel your Membership within fourteen (14) days (starting from the day after you became a Member), you will receive a refund of the Membership fee paid with the exception of the amount covering the Baba Club Services provided (including products bought through the Baba Club Services) prior to cancellation and the cost of any returns.
3. Deliveries and Returns
3.1 Products ordered from us can be delivered to addresses within the mainland UK. This excludes PO Boxes
3.2 Products will be delivered via our third-party courier
3.3 Proof of delivery is only obtained under some circumstances
3.4 Delivery dates for your first delivery are selected by you prior to confirmation of your first order. Future deliveries run on a regular schedule that is visible to you in the logged-in pages for your account. This includes the price of the next order to be shipped and the delivery dates for this
3.5 Actual delivery times may vary based on your location, our stock availability, when you finalise your information on the logged in pages, and circumstances impacting delivery out of our control (including public holidays and force majeure scenarios)
3.6 You will not hold us responsible for any delays out of our control
3.7 You must report missing or undelivered deliveries by emailing us at email@example.com
3.8 Please ensure your address, contact details and leave safe information is kept up to date as referred to in the Registration and Account Management section of these Terms & Conditions
3.9 We want you to be satisfied with the products you receive from tails.com. If you’re not satisfied and do wish to return any product to us please follow the following steps:
3.9.1 Email us at firstname.lastname@example.org from the email address associated with your user account. Please include details of the product that you wish to return and a reason for return. Please do this within 7 working days of receiving your product from us
3.9.2 If we require the goods to be returned to us, we will communicate this to you and arrange collection. Please take reasonable care of the goods whilst in your possession prior to any return. We will inspect the goods on arrival
3.9.3 We may request further information from you regarding your return
3.9.4 If a fault is agreed on our part, and/or refund agreed, we will endeavour to refund you within 7 business days. The refund will cover the cost of the item being returned
4.Ownership and Risk
4.1 The risk of damage to the goods or their loss passes to you on completion of delivery. (Completion of delivery is explained in clauses 4.4 and 4.5.). You should make sure that you insure the goods from this time onwards.
4.2 Ownership of the goods passes when you have paid us for them in full. Until the ownership passes to you, we will still own the goods.
5. Price and Payment
5.1 We are allowed to increase the price, by giving you a Notice of increase up to 3 days before we deliver the goods, but only to take into account any of the following:
5.1.1 things which are beyond our control (examples include tax changes, foreign exchange fluctuations, increases in the costs of labour, manufacturing, and/or materials, and those matters set out in Clause 8.3);
5.1.2 changes in delivery dates, or quantities, types, or specifications of goods that you have asked for;
5.1.3 delay caused by you, or your supplying us with inadequate or inaccurate instructions.
5.2 All Prices include VAT. If the rate of VAT changes between the date of your Order and the date of your payment, we will adjust the rate of VAT that you must pay. Changes in VAT will not affect any Prices where we have already received payment in full from you.
5.3 Our Prices exclude the cost of delivery. Delivery costs will be added on to the final sum due.
5.4 All payments for Goods must be made in advance before we can despatch the Goods to you.
5.5 We accept the following methods of payment: PayPal, Debit Card, Credit Card
6. Limitations on our Legal Responsibilities
6.1 We will not be legally responsible to you for any loss of profit or any loss which you allege arises as a consequence from our contract with you, and our total legal responsibility to you under the contract will not exceed the price of the goods.
6.2 These Conditions do not limit our legal responsibility for death, personal injury caused by our unreasonable carelessness (known as negligence) or that of our employees, agents or sub-contractors , fraud, defective products under the piece of legislation known as the Consumer Protection Act 1987, breach of the requirements that our goods be of satisfactory quality, fit for purpose, match a sample, or match a model seen; or any other matter that the law says we can’t exclude (for example under the Consumer Rights Act, 2015).
6.3 Neither of us will be legal responsible to the other for failure or delay in carrying out this contract which is caused by an event beyond our reasonable control, which we could not have foreseen or which was unavoidable. This includes industrial disputes, energy or transport failures, acts of God, war, terrorism, civil unrest (such as riots), explosions, mechanical breakdown, natural disasters, deliberate damage, or being let down by suppliers or sub-contractors.
6.4 We only supply goods for domestic and private use, we make no warranty or representation that the goods are fit for commercial, business or industrial use of any kind (including re-sale).
7. Data Protection
7.1 The following definition shall apply this clause 9: Data Protection Legislation: (i) unless and until the GDPR is no longer directly applicable in the UK, the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998.
7.2 Both of us, in so far as is required agree that we will comply with all applicable requirements of the Data Protection Legislation. This clause 9 is in addition to and does not remove or replace, a party’s obligations under the Data Protection Legislation.
7.3 For the purposes of the Data Protection Legislation you are the data controller and we are the data processor (where Data Controller and Data Processor have the meanings defined in the Data Protection Legislation).
7.4 Without prejudice to the generality of clause 7.2 you will ensure that you have all necessary appropriate consent and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of this agreement.
7.5 Without prejudice to the generality of clause 7.2 we warrant and undertake that we shall, in relation to any Personal Data processed in connection with this agreement:
7.5.1 process the Personal Data only on your written instructions unless we are required by the laws of any member of the European Union or by the laws of the European Union to process Personal Data. Where we rely on the laws of a member of the European Union or European Union law as the basis for processing Personal Data we shall notify you of this before performing the processing required by those laws unless those laws prohibit us from doing so.
7.5.2 ensure that we have the appropriate technical and organization measures to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage of the Personal Data.
7.5.3 ensure that all personnel who have access to and / or process the Personal Data are obliged to keep the Personal Data confidential; and
7.5.4 not to transfer any Personal Data outside of the EEA without your prior written consent and ensuring the following conditions are met:
184.108.40.206 you or we have provided appropriate safeguards in relation to the transfer;
220.127.116.11 the data subject enforceable rights and effective legal remedies;
18.104.22.168 we comply with our obligations under the Data Protection Legislation by providing an adequate level of protection to any Personal Data that is transferred;
22.214.171.124 we comply with reasonable instructions notified to us in advance by you with respect to the processing of the Personal Data.
7.5.5 assist you at your cost in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notification, impact assessments and consultations with supervisory authorities.
7.5.6 notify you without undue delay on becoming aware of a Personal Data breach.
7.5.7 at your written request return or delete Personal Data and copies of Personal Data on termination of the agreement unless required by law to retain them.
7.5.8 maintain complete and accurate records and information to demonstrate compliance with clause 7.
7.6 You and us agree to indemnify and keep indemnified and defend at their own expense the other against all costs, claims, damages or expenses incurred by the other party for which the other party may become liable due to any failure by the other party or its employees or agents to comply with any of its obligations under this clause 7.[/vc_column_text][/vc_column][/vc_row]