1. SHIPPING AND DELIVERY OF PRODUCTS


Our Products are delivered in Europe, 30 days from (a) acceptance of an Order for in-stock Products, (b) conclusion of the Contract, or (c) when pre-ordered Products become available for delivery. Please check the announced release date for any pre-ordered Product and note that any Orders containing both in-stock Products and pre-ordered Products will be dispatched within 7 working days of the availability of the products.

You will be informed about the available shipping methods and you will be able to choose one of these methods before completing an Order. Babysharksclub.com will not be responsible for delays in the delivery of the Product(s) that occurred due to the fault of the carrier or in other situations beyond the control or will of Babysharksclub.com.

When the Product(s) are shipped, you may be asked to confirm delivery. You agree to inspect the Product(s) for any obvious defects, faults or damage before signing for delivery. You must retain the Product(s) receipt/delivery note in order to exercise your right to withdraw from the contract in accordance with the Return Policy (Right of Withdrawal) section below.

All risk in the Product(s) will pass to you upon delivery, unless delivery is delayed due to your failure to comply with your obligations under the Contract. In such case, the risk will pass on the date of delivery. From the moment the risk passes to you, we will not be liable for any loss or destruction of the Product(s).

If you are unavailable for delivery or collection, or if delivery or collection is delayed by unreasonable refusal to accept delivery, Babysharksclub.com may, at its sole discretion:

  • immediately terminate the Contract, in which case we will refund all amounts already paid under the applicable Contract, less our reasonable administrative costs (including the costs of transporting and returning the Product);
  • to keep the Product(s) for you, provided that you bear the return costs and the costs of a new shipment.


2. RETURN / EXCHANGE

To return/exchange a Product, you must inform BabySharksClub.com in writing, using the email address hello@babysharksclub.com, of your decision to withdraw from the Contract by means of an unequivocal statement expressing your decision to withdraw from the Contract and to return/exchange the Product(s), using the return form provided by BabySharks, by courier to: Romania, Bucharest, sector 1, str. Putul lui Zamfir no. 3, ground floor, apartment 1.

Returned Products must reach this address within 14 calendar days of receiving the Product (day 1) or when you take physical possession of the last Product, if you ordered multiple Products in a single Order that were delivered separately.

Clarification regarding the return/exchange period:
Sending the withdrawal notification by e-mail or completing the return form does not extend the legal period of 14 calendar days .
The Product(s) must physically arrive at the address indicated above within 14 calendar days , regardless of the date of notification.


The direct costs for returning/exchange of the Products will NOT be borne by BabySharksClub.com and you will be required to fill out a return form by yourself to return the Product. In case of exchange (it is possible to exchange the products only once) the product you want will be specified on the form, and in case of refund - the IBAN account will be specified on the form.


Returns of products purchased from the showroom are not accepted. ONLY one exchange (within 7 calendar days of purchase) with another product of the same or greater value is possible. Only 1 exchange of product/s is made - within the previously specified period.

Important
Please note that the shipping of returns/exchanges in the last days of the legal deadline may be affected by delays from courier companies.
Baby Sharks Club cannot be responsible for courier delivery delays, which is why we recommend that you ship your products in advance so that they arrive within the expected time frame.
Requests received after the deadline cannot be processed, regardless of the cause of the delay.

If you withdraw from the Contract within the above period, we will reimburse the amounts received from you (less the cost of transport and the bank and payment processor commission if any), without undue delay and, in any case, no later than 30 days from the day on which we receive the returned Product. We will refund your money using only BANK TRANSFER; in any case, you will not incur any expenses as a result of a refund, except in the case where you explicitly choose a type of delivery other than the standard delivery offered by us, in which case we are not obliged to reimburse you the additional costs. We do not accept packages that are sent to us by Post or sent with delivery payment to us.

If the Product is purchased by card/card in installments, the commission charged by Netopia/Stripe will be maintained upon refund (which differs depending on the number of installments chosen: 1, 2 or 3 installments).
If the transfer is made to an account that does not belong to ING Bank, a transfer fee of 5 Ron excluding VAT will be maintained.

You accept and acknowledge that we will refund your money from the moment we receive the Product(s) back.

The right of return is considered correctly exercised after the following conditions are fully met:

The products are returned, complete and unused, with the original labels still attached, in their original packaging;

  • The packaging/protective film is not broken or damaged;
  • Returned Products are sent and delivered within 14 (fourteen) calendar days of receipt of the Products;
  • The products are not damaged or used in any way;
  • The product is delivered to BabySharksClub with the return form.

Considering the fact that we sell sealed products that cannot be returned for health protection or hygiene reasons and that have been unsealed by you and/or the fact that we supply as products - underwear, swimwear, socks, tights, stockings and/or in the case of the supply of Goods made according to the specifications presented by the Buyer or clearly personalized, in accordance with the provisions of art.16 letters c) and e) of OUG 34/2014 regarding consumer rights in contracts concluded with professionals, when the situation mentioned above occurs, you will not be able to exercise your right of withdrawal from sales - purchase contracts of Products concluded at a distance or outside commercial premises, within the period of 14 calendar days calculated according to those mentioned in this section.

If your return does not comply with the terms and conditions set forth in this section, you will not be entitled to any refund of amounts already paid to BabySharksClub.com; however, you will be entitled, at your expense, to receive the Products in the condition in which they were sent back to BabySharksClub.com.

2.1 MANUFACTURING DEFECTS

a. Definition: Manufacturing defect means any non-conformity of the product existing at the time of delivery , resulting from the production process, and not from: normal wear and tear, improper use, failure to comply with maintenance instructions, unauthorized interventions on the product.

b. Obligation to check upon receipt
The customer is obliged to check the product upon receipt and to report any visible non-conformities as soon as possible .

c. Notification deadline:
Any immediately visible defect or defect that manifests itself upon first use must be notified within a maximum of 14 calendar days from the date of receipt of the product .

After the expiration of the 14 calendar day period, requests will be analyzed exclusively to the extent that:
- it can be demonstrated that the defect existed at the time of delivery ,
- and its cause is not related to use, washing, maintenance or wear and tear .

The merchant reserves the right to request: detailed photos, description of the conditions of use, proof of compliance with maintenance instructions.

The following are not considered manufacturing defects: pilling of the material after wearing, discoloration caused by incorrect washing, mechanical damage, snags, tears or burns that occur during use, changes that occur after improper washing, a visible seam, an intentionally exposed joint, if a characteristic is found identically in all products in stock.

In footwear, a manufacturing defect means: seams that come apart during normal use, the sole coming apart, tears that occur without an external cause , discrepancies between pairs (different sizes, functional asymmetries), materials that fail prematurely under normal wearing conditions.

d. Solution
In the event of confirmation of a manufacturing defect, the solution will be made in accordance with the legislation in force, through: repair, replacement, price reduction, or refund, as appropriate.