A contract is hereby concluded between you (e.g. customer, registered user, website visitor, etc.) and DANISH LABEL SRL that regulates the use of our website https://babysharksclub.com ("Site- the web"), its Content (defined below), tools and services, including the online e-commerce platform (the "Store") and any purchase of Products (defined below). By using our Website and/or purchasing any Product, you agree to be bound by the Terms and Conditions, including the additional terms and policies mentioned herein and/or available by hyperlink (together the "Agreement", "Terms" or "Terms and Conditions"). .
Any new features or tools added to the current Store will also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right to update, modify or replace any part of these Terms and Conditions by posting updates and/or changes on our Website. It is your responsibility to periodically check this page for any changes. Your continued use of or access to the Website after the posting of any changes constitutes acceptance of those changes. In addition, you agree to comply with all local, state, federal, national and international laws, rules, ordinances and regulations that apply to your use of the Website or Content (defined below) and your purchase of any Products.
Definitions
Except where it is expressly provided otherwise, the words and expressions used in these Terms and Conditions shall have the following meanings:
"Babysharksclub.com", "we" or "we, our/our" means DANISH LABEL SRL, with registered office in Romania, Bucharest, sector 2, Str. Baia de Arama, no. 1, Floor 2, Apt. 13, postal code 022204, unique registration code 41647781, VAT code for EU transactions RO41716300;
"Account" means the "My Account" section of the Website accessible to a registered User using, with the role of identification, an e-mail address and a password, which allows the transmission of an Order and which contains information about the User and the purchase history ( orders, tax invoices, guarantees, etc.). The user will ensure that all the information entered when creating/using the Account is correct and up-to-date.
"Business day" means a day when commercial banks are open for business;
"Content" means any content on the Site;
"Contract" means the remote consensual agreement concluded between you, as the Customer, and us, as the seller, without our simultaneous physical presence, in connection with the sale or purchase of one or more Products through the Website, by placing the Order you for a Product or Products, in accordance with these Terms and Conditions, accepted by Babysharksclub.com under the Placing an Order section below;
"Customer", "You" or "User" means a natural person over the age of 16 or a legal person or any legal entity that visits, creates an Account and/or places an order on the Website;
"Order" or "Purchase Order" means the order sent by you to Babysharksclub.com to purchase a Product or several Products available in the Store;
"Favorites" means the section in the Account that allows the User to create Lists of Products that he wants to follow with a view to a possible purchase;
"List" means the Favorites section in which the User can add goods (products) that he wants to follow for a possible purchase and that he can later delete or add to the shopping cart ("My Cart");
"Product" means any goods (products) that are offered to the Customer to be purchased, for a fee, through the Website, including but not limited to toys, household items, accessories, clothing; For the avoidance of doubt, in these Terms and Conditions, all references to Products include "Pre-ordered Products" that you may purchase prior to the announced on-sale date or "Ordered Products" mentioned in the Order, which will be delivered by Babysharksclub. com to the Client as a result of the concluded Contract
"Site" or "Website" means the online store hosted on the website https://Babysharksclub.com;
"Specifications" means any detail of the characteristics of the Products, as specified in the description available on the Website.
references to "sections" refer to the sections of these Terms and Conditions;
the headings used in this document are included only for reasons of simplicity and will not limit or otherwise affect these Terms and Conditions;
words that convey the singular include the plural and vice versa. Words conveying a gender include either sex, and references to persons include a person, a company, a corporation, a firm or a partnership;
references to "include" or "including" or similar words or expressions shall mean without limitation to.
Our policy
Babysharksclub.com reserves the right to refuse access to the Website or the sale of Products to any end user, for any reason, at any time. Babysharksclub.com may, in its sole discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time, with or without notice to you, and Babysharksclub.com will not be liable to you or any third party exercising such rights.
Copyright
The content is owned or licensed by Babysharksclub.com and is protected by Romanian and international trademarks, copyrights and other intellectual property rights laws. Without the prior written consent of Babysharksclub.com or the applicable copyright holder and, except as otherwise provided in this Agreement, no Content may be downloaded, copied, distributed, captured, transmitted, translated, publicly displayed, uploaded , published, recorded, retransmitted, rented, sold, digitized, subscribed, reproduced, modified to create new works, made or edited in any commercial way. The content is for personal, non-commercial use only, unless otherwise stated in this document. Any unauthorized copying, distribution, use or dissemination is not permitted by this Agreement or by the applicable provisions of copyright and intellectual property legislation and represents a violation of Romanian and international copyright and intellectual property legislation.
You may not use the Website (or any other part thereof, including but not limited to public areas) to upload, post, transmit, display, make or make available any message, content or materials (a) that are illegal, obscene, threatening, spammy, defamatory or invasive of privacy; (b) that violates (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation that you have towards any third party; (c) which constitute political campaigns or commercial solicitations; (d) that provide links to unauthorized third-party sites; or (e) that violates the rights of third parties or harms minors in any way. You may not interfere with or disrupt the Website or networks connected to or through it. In addition, you may not use a false email address or mislead other users as to your identity or the origin of a message or content.
We reserve the right to terminate your use of the Website for non-compliance with any prohibited use and to enforce any Product protection rules with or without your notice.
agreement
To use our online store, it is necessary to accept these Terms and Conditions. Please read the Terms and Conditions carefully before using our Website and/or purchasing Products. If you do not accept all the terms of this Agreement, do not use the Website or purchase Products.
products
Apart from the existing/in-stock Products, Babysharksclub.com reserves the right to offer you any other Products for which it will have a license to sell. Our products are available for online/showroom purchase, through the Website or the physical location. These Products may be in limited quantities and may only be returned or exchanged in accordance with our Return Policy below.
We will take all legal measures to ensure the accuracy of prices, Products and Specifications displayed on the Website. If some details related to the Specifications were displayed inaccurately on the Website, for any reason, Babysharksclub.com will inform the Customer who placed a purchase order, by e-mail, as soon as possible, and in any case before acceptance of the Order.
We reserve the right, but are not obligated, to limit sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products we offer and the right to suspend any Product at any time. All Product descriptions or Product prices may be changed at any time, without prior notice, at our discretion.
my account
You can place Orders on the Website with or without prior registration of an Account. We have created the option to register an Account in the dedicated section of the Website for your exclusive benefit, in order to offer you the possibility to manage your Orders efficiently. By registering an Account you can save the Products on a list of desired products, view the Orders placed by you on the Website and automatically complete the Customer's information when placing a new order and adding more delivery addresses.
To create an account on the Website, you will be asked to provide certain information, such as: first name, last name, a valid email address, a billing address, a delivery address (if different from billing address) and a password and to accept these Terms and Conditions. When creating the Account, you must provide correct and complete information. By creating your Account, you guarantee that the information provided to Babysharksclub.com during the registration process is true, correct and complete. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you, as appropriate. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are solely responsible for any charges made on your Account that are made by any person through your Account, regardless of whether or not you authorized such a purchase. You are solely responsible for keeping your Account secure and confidential.
In no event shall Babysharksclub.com be liable for any losses caused by any unauthorized use of your Account. You understand and undertake to immediately notify Babysharksclub.com of any breach of security or unauthorized use of your Account.
We may delete your Account and remove any or all rights to the Website, if any information you provide is inaccurate, false, incomplete, excessively offensive, deceptive or if Babysharksclub.com, in its sole discretion, suspects such behavior fraudulent and/or illegal, such as but not limited to identity theft, stolen credit cards, or artificially purchasing to provide a distorted image with more sales associated with your registration. You agree that Babysharksclub.com may store and use the registration data you provide to be used in invoices and to maintain the Account.
Placing an order
In order to place an order for the purchase of one or more Products on the Website, you must complete the Online Order Form and send it electronically to Babysharksclub.com, following the relevant instructions.
You can place an order for a pre-ordered Product. Please note that any pre-ordered Product will be placed separately from any order for Products in stock.
Our order form, which is displayed on the first page where the order is processed, provides you with brief information about the essential characteristics of each Product ordered, the price (including all applicable taxes) and delivery costs, if applicable, for your purchase. remember that the price of the products displayed on the Website may be subject to additional fees for orders from outside the European Union.
Before buying the Products, you will be asked on the Order Form to carefully read and accept these Terms and Conditions.
Orders can be placed on the Website at any time, with or without prior registration of a customer account, by (a) adding the desired Products to the shopping cart and completing the purchase process or (b) contacting Babysharksclub.com through addresses listed in the "Contact" section of the Website. You agree to provide current, complete and accurate purchase and account information for all purchases made from our Store.
Please note that adding a Product to the shopping cart without completing the purchase process will not be considered a valid order and will not lead to a reservation of the Product. Once added to the shopping cart, a Product is available for purchase to the extent that the Product is still in stock upon completion of the purchase process.
We may, at our discretion, refuse to accept an Order or cancel the Order placed, in accordance with our Order Acceptance Policy. A Contract will be concluded and we will be legally obliged to supply the Product when we accept your Order.
Showroom pickup policy
How long do we keep your product in the showroom? The ordered products are reserved in the Showroom for 7 calendar days from the receipt of the delivery email. At the end of the 7 days, the price may change and the products may no longer be available. If the pick-up is not done in time, the order will be canceled and the refund will be made by bank transfer and transfer commissions + order processing commission of 10 Ron including VAT will be retained,
Order acceptance policy
We reserve the right, at our discretion, to refuse your request for Product(s), or to deliver less than the quantity ordered upon receipt of your Order.
For justified reasons (including, but not limited to products in stock), we can notify you of changes made to an Order by e-mail. You will be able to accept or refuse the modification of the Order. Refusal or lack of an answer within 2 working days will be considered as a cancellation of the Order (please consult the section Cancellation by the Customer of these Terms and Conditions).
An order is considered accepted, and the Contract concluded between Babysharksclub.com and the Client, after acceptance of payment by Babysharksclub.com, transmission of the Order confirmation e-mail and delivery of the Product(s). Conditions, as well as any subsequent written agreements (including by e-mail) between the Client and Babysharksclub.com as a seller, regarding a purchase order. The contract will refer only to those Products whose shipment has been confirmed in the Order confirmation e-mail and will be considered to include both these Terms and Conditions, as well as any subsequent written agreements (including by e-mail) between the Customer and Babysharksclub.com as a seller, regarding a purchase order.
Taxes and invoicing
By placing an order, you expressly undertake to pay for all Products (including any pre-ordered Products) that you purchase through the Website. Babysharksclub.com may charge your card used to pay the amount for any Products purchased and any other amounts, such as shipping charges displayed on the website or when placing the Order, in the case of delivery of the Products to a delivery address. You hereby agree to authorize Babysharksclub.com to charge your card for the amounts mentioned above, at its discretion, but not before the purchased Product is available for delivery, with the exception of pre-ordered Products. YOU ARE RESPONSIBLE FOR PROVIDING BABYSHARKSCLUB.COM'S payment processor (mainly Netopia) WITH A VALID BANK CARD AND PAYING ALL PAYMENT FEES ON TIME.
Babysharksclub.com reserves the right to change prices at any time, and such change will replace any previously displayed price for the respective Products. Any price change does not affect Orders already accepted by Babysharksclub.com for which you received an Order confirmation email.
You have the possibility to pay online, only by credit or debit card, in full at the time of placing an Order, through the payment processor approved by BabySharksClub.com. However, we reserve the right to offer more or fewer payment options.
By sending the Order, the Buyer expresses his agreement to receive the invoices in electronic format by adding them to the Account by Babysharksclub.com or via electronic mail, to the e-mail address mentioned in his Account. The printed invoice will be delivered together with the Products.
The payment card data of the User/Buyer will not be accessible to Babysharksclub.com nor will they be stored by Babysharksclub.com or by the payment processor integrated in the Site, but only by the institution authorizing the Transaction or another entity authorized to provide card identification data storage services, about whose identity the User/Buyer will be informed, prior to entering the data.
The entity authorized to provide card data storage services is Netopia Payments, a company established and operating in accordance with Romanian legislation, registered under number RO15565496, J40/9170/2003 bank account RO92UGBI0000102009055RON Garanti Bank – Bucharest, with registered office located at Bd. Dimitrie Pompeiu 9 – 9A, building 24, floor 4, Sector 2, 020335.
In certain cases, in order to maintain the security of the Transactions, when registering the Order, the Buyer will be asked to authorize the payment by re-entering the password related to the Account or using the fingerprint in the case of mobile terminals that have this facility.
For transaction security reasons, the User/Buyer is advised not to stay logged in on the Website and not to set the automatic login option on mobile devices. Disclosure of the account access password is not allowed and it is recommended to use a password with a strong security character (eg: to contain at least eight characters, including uppercase letters, lowercase letters, numbers and special characters).
Currency
We accept the following currencies: Euro (EUR) and Romanian Leu (RON). The currency displayed and accepted for each individual purchase is based exclusively on the country of residence/territory of sale and cannot be changed by the end user.
Shipping and Delivery of Products
Our products are delivered in Europe, 30 days from (a) from the acceptance of an Order for the Products in stock, (b) the conclusion of the Contract, respectively (c) from when the pre-ordered Products become available for delivery. Please check the announced release date for any pre-ordered Product and remember that any Orders containing both in-stock Products and pre-ordered Products will be shipped within 7 working days from 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 shipping the Product(s), you may be asked to confirm delivery. You agree to inspect the Product(s) for any defects, defects or obvious damage before signing for delivery. You must keep the receipt of the Product(s)/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 risks related to the Product(s) will be transferred to you upon delivery, unless delivery is delayed due to non-compliance with your obligations under the Contract. Thus, the risk will be transferred on the date of delivery. From the moment the risk is transferred, we will not be responsible for the loss or destruction of the Product(s).
If you are not available to make delivery or collection, or if delivery or collection is delayed by your unreasonable refusal to accept delivery, Babysharksclub.com may, at its sole discretion:
to immediately terminate the Contract, in which case we will reimburse all amounts already paid under the applicable Contract, less our reasonable administration expenses (including costs for shipping, returning the Product and bank fees as applicable);
to keep the Product(s) for you, provided that you bear the costs of return and the costs of a new shipment.
Cancellation by Babysharksclub.com
We can, without any liability or costs for Babysharksclub.com, cancel an Order, following a prior notification sent to the Customer, in the following cases:
in the case of online payment for non-acceptance of the transaction by the issuing bank of the Customer's card;
in the case of online payment for the invalidation of the transaction by the card processor approved by Babysharksclub.com;
in case of providing incomplete and/or incorrect data by the Client;
the Client's activity on the Website may and/or cause damage of any kind on the part of Babysharksclub.com;
making more than two failed deliveries;
in the event of a suspicious transaction or declared by an authority, institution, banking unit or legal person;
for other objective reasons.
In this case, we will notify you and refund any amount you have paid, using the same method you originally used to pay for the Product(s).
Cancellation by the customer
If you wish to cancel an Order before the Product(s) have been shipped or if you believe that someone has accessed your account without your authorization, contact Babysharksclub.com immediately at the addresses listed in the "Contact" section of the Website.
Return/Exchange Policy. Right of withdrawal by the customer
To return/exchange a Product, you must inform Babysharksclub.com in writing, using the e-mail addresses hello@babysharksclub.com, about your decision to withdraw from the Contract through an unequivocal statement expressing your decision to withdraw from the Contract and return/exchange the Product(s), using the return form provided by BabySharks, by courier to: Romania, Bucharest, sector 1, Putul lui Zamfir str. 3, ground floor, apartment 1, within 14 calendar days of receiving the Product or when you take physical possession of the last Product, in case you ordered several Products that were delivered separately in one Order.
You understand and accept that the above term is met only if you return/exchange the Product(s) before the expiration of the 14 calendar day period. Direct costs for the return/exchange of Products will NOT be borne by BabySharksClub.com and it will be necessary for you to complete a return form to return the Product.
Products purchased from the showroom cannot be returned. It is ONLY possible to exchange (within 7 calendar days from the purchase) with another product of the same or greater value.
If you withdraw from the Contract within the above interval, we will reimburse you the amounts received from you (less the cost of transport and the bank commission and the payment processor if any), without undue delay and, in any case, at most 30 days from the day we receive the returned Product. We will return the money to you using only BANK TRANSFER; in any case, you will not incur any expenses following a refund, except in the situation where you explicitly choose a different type of delivery than the standard delivery offered by us, in which case we are not obliged to reimburse you for the additional costs. We do not accept packages that are sent to us by Post or sent with delivery payment to us.
If the purchase of the Product will be made by card/card in installments, the commission charged by Netopia/Stripe (which differs depending on the number of installments chosen: 1, 2 or 3 installments) will be maintained when the money is returned.
If the transfer is made to an account that does not belong to ING Bank, a transfer fee of 5 Ron without VAT will be maintained.
You accept and acknowledge that we will refund your money when we receive the Product(s) back.
The right of return is considered correctly exercised after the full fulfillment of the following conditions:
The products are returned, complete and unused, with the original labels still attached, in their original packaging;
The packaging/protective film is not torn or damaged;
The returned products are sent and delivered within 14 (fourteen) calendar days from the 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 customized, in accordance with the provisions of art. 16 letter c) and e) of GEO 34/2014 regarding consumer rights within the concluded contracts with the professionals, when the situation mentioned above occurs, you will not be able to exercise your right of withdrawal from the sales-purchase contracts of the Products concluded at a distance or outside the 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 provided in this section, you will not be entitled to any refund of the amounts already paid to Babysharksclub.com; however, you will be entitled, at your expense, to receive the Products in the same condition as they were sent back to Babysharksclub.com.
Defective, damaged or broken products
We strive to deliver the Products in excellent condition. Our policy is to replace or refund any Products that are defective, damaged or broken, provided that you provide us promptly (but no later than 2 days after receiving the Product(s)) all reasonable details of how that the Product is claimed to be damaged or defective, (b) a copy of the confirmation of receipt of the Product(s)/delivery note and (c) any other information we may reasonably request.
No replacement or refund will be made if, after we have delivered it to you, the Product: (a) has been used incorrectly, abusively or negligently, improperly or inadequately, carelessly, or under abnormal conditions or (b ) has been handled or used contrary to our instructions for use of the Product and, to the extent permitted by law, we will not be liable to you for any losses, debits, costs, damages, taxes or expenses incurred as a result.
WARRANTIES; LIMITATION OF LIABILITY
For the delivered Products, the warranty certificates are issued directly by the manufacturer. We do not guarantee that the Products or Content purchased or obtained by you will meet your expectations in terms of quality.
The Seller cannot be responsible for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's performance of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for their loss.
ALL PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR PRIVATE USE WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
Major force
We will not be liable for any breach, impediment or delay in the performance of a Contract due to any cause beyond our reasonable control or will, including, without limiting ourselves to any act of fortuitous action, actions of third parties (including, without to be limited to hackers, suppliers, national or local authorities), insurrection, riots, civil rebellions, war, hostilities, war operations, national emergencies, terrorism, piracy, arrests, restrictions or detentions by any competent authority, strikes or lockout of workers , epidemic, fire, explosion, storm, flood, drought, meteorological conditions, earthquake, natural disaster, accident, mechanical failure, third-party software, breakdowns or problems with public utilities (including electrical, telecommunications or Internet failures), crisis or the inability to supply, to obtain materials, equipment or to ensure transport ("Force majeure event"), regardless of whether the circumstances in question could have been foreseen.
Either you or we can immediately terminate a Contract, by a written notification sent to the other party, in the event that the force majeure event lasts 14 (fourteen) working days or more, in which case both you and us , we will be exempt from liability for such termination (other than for the return of a Product already paid for and not delivered).
Privacy
We are particularly concerned about the security of your private information, the protection of your personal data being a priority in the development of our activity. Your personal data will be treated in accordance with our Privacy Policy, which is an integral part of this.
Links to third parties
Certain Content, Products and services available through our Website may include material from third parties. Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will have no responsibility or liability for third-party materials or sites or for other third-party materials, products or services.
Promotions and Coupons
We may publish on the Website information about Products and/or promotions available for a limited period of time and/or within the limit of available stock. As part of these promotions, Babysharksclub.com reserves the right to issue and provide to Customers, by e-mail, certain promotional coupons.
Promotional coupons are personalized codes that offer you a discount on purchases made on the Website, by entering such a code in the COUPON box displayed on the first page where the order is processed. Availability, validity and terms of use for these promotional coupons will be determined by Babysharksclub.com at its discretion. Babysharksclub.com does not offer price protection or refunds in case of price drops or promotional offers.
The credit of a promotional coupon does not accumulate interest and does not have a cash value. If you wish to return a Product to which you have applied the promotional coupon, we will refund the amount paid after using such promotional coupon, in accordance with the procedure in the Return Policy (Right of Withdrawal) section of these Terms and Conditions.
miscellaneous
If it is found that any provision of these Terms and Conditions is not applicable or is invalid, this provision will be limited or eliminated to the minimum extent necessary, so that these Terms and Conditions will otherwise remain in force and be enforceable.
The Terms and Conditions are regulated and interpreted in accordance with Romanian legislation. You expressly agree that the competent Romanian courts in Bucharest (Romania) will have exclusive jurisdiction to resolve any dispute regarding a Contract, these Terms and Conditions and the Privacy Policy.
Acceptance and acknowledgment
Using the Website and creating an Account includes the possibility of concluding agreements and/or making purchases in electronic format. You agree that any request you make for electronic purchases constitutes your intention and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic requests applies to all records relating to all transactions you make on the Website, including cancellation notices, policies, contracts and applications. In addition, you accept and agree to the form of remote communication (eg, by telephone or e-mail) through which Babysharksclub.com conducts its operations.
Contact
If you have questions, comments, suggestions or concerns regarding the Website, Products, Contract or the processing of your personal data, you can contact Babysharksclub.com through the following contact details:
Romania, Bucharest, Sector 2, Strada Baia de Arama, no. 1, block C, stair 1, floor 2, apartment 13, postal code 022204
Email: hello@Babysharksclub.com
Phone number: +40 739 88 99 11
Any new features or tools added to the current Store will also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right to update, modify or replace any part of these Terms and Conditions by posting updates and/or changes on our Website. It is your responsibility to periodically check this page for any changes. Your continued use of or access to the Website after the posting of any changes constitutes acceptance of those changes. In addition, you agree to comply with all local, state, federal, national and international laws, rules, ordinances and regulations that apply to your use of the Website or Content (defined below) and your purchase of any Products.
Definitions
Except where it is expressly provided otherwise, the words and expressions used in these Terms and Conditions shall have the following meanings:
"Babysharksclub.com", "we" or "we, our/our" means DANISH LABEL SRL, with registered office in Romania, Bucharest, sector 2, Str. Baia de Arama, no. 1, Floor 2, Apt. 13, postal code 022204, unique registration code 41647781, VAT code for EU transactions RO41716300;
"Account" means the "My Account" section of the Website accessible to a registered User using, with the role of identification, an e-mail address and a password, which allows the transmission of an Order and which contains information about the User and the purchase history ( orders, tax invoices, guarantees, etc.). The user will ensure that all the information entered when creating/using the Account is correct and up-to-date.
"Business day" means a day when commercial banks are open for business;
"Content" means any content on the Site;
"Contract" means the remote consensual agreement concluded between you, as the Customer, and us, as the seller, without our simultaneous physical presence, in connection with the sale or purchase of one or more Products through the Website, by placing the Order you for a Product or Products, in accordance with these Terms and Conditions, accepted by Babysharksclub.com under the Placing an Order section below;
"Customer", "You" or "User" means a natural person over the age of 16 or a legal person or any legal entity that visits, creates an Account and/or places an order on the Website;
"Order" or "Purchase Order" means the order sent by you to Babysharksclub.com to purchase a Product or several Products available in the Store;
"Favorites" means the section in the Account that allows the User to create Lists of Products that he wants to follow with a view to a possible purchase;
"List" means the Favorites section in which the User can add goods (products) that he wants to follow for a possible purchase and that he can later delete or add to the shopping cart ("My Cart");
"Product" means any goods (products) that are offered to the Customer to be purchased, for a fee, through the Website, including but not limited to toys, household items, accessories, clothing; For the avoidance of doubt, in these Terms and Conditions, all references to Products include "Pre-ordered Products" that you may purchase prior to the announced on-sale date or "Ordered Products" mentioned in the Order, which will be delivered by Babysharksclub. com to the Client as a result of the concluded Contract
"Site" or "Website" means the online store hosted on the website https://Babysharksclub.com;
"Specifications" means any detail of the characteristics of the Products, as specified in the description available on the Website.
references to "sections" refer to the sections of these Terms and Conditions;
the headings used in this document are included only for reasons of simplicity and will not limit or otherwise affect these Terms and Conditions;
words that convey the singular include the plural and vice versa. Words conveying a gender include either sex, and references to persons include a person, a company, a corporation, a firm or a partnership;
references to "include" or "including" or similar words or expressions shall mean without limitation to.
Our policy
Babysharksclub.com reserves the right to refuse access to the Website or the sale of Products to any end user, for any reason, at any time. Babysharksclub.com may, in its sole discretion, modify, suspend, or discontinue the Website (or any part thereof, including any Product) at any time, with or without notice to you, and Babysharksclub.com will not be liable to you or any third party exercising such rights.
Copyright
The content is owned or licensed by Babysharksclub.com and is protected by Romanian and international trademarks, copyrights and other intellectual property rights laws. Without the prior written consent of Babysharksclub.com or the applicable copyright holder and, except as otherwise provided in this Agreement, no Content may be downloaded, copied, distributed, captured, transmitted, translated, publicly displayed, uploaded , published, recorded, retransmitted, rented, sold, digitized, subscribed, reproduced, modified to create new works, made or edited in any commercial way. The content is for personal, non-commercial use only, unless otherwise stated in this document. Any unauthorized copying, distribution, use or dissemination is not permitted by this Agreement or by the applicable provisions of copyright and intellectual property legislation and represents a violation of Romanian and international copyright and intellectual property legislation.
You may not use the Website (or any other part thereof, including but not limited to public areas) to upload, post, transmit, display, make or make available any message, content or materials (a) that are illegal, obscene, threatening, spammy, defamatory or invasive of privacy; (b) that violates (intentionally or unintentionally) a contractual, fiduciary or confidentiality obligation that you have towards any third party; (c) which constitute political campaigns or commercial solicitations; (d) that provide links to unauthorized third-party sites; or (e) that violates the rights of third parties or harms minors in any way. You may not interfere with or disrupt the Website or networks connected to or through it. In addition, you may not use a false email address or mislead other users as to your identity or the origin of a message or content.
We reserve the right to terminate your use of the Website for non-compliance with any prohibited use and to enforce any Product protection rules with or without your notice.
agreement
To use our online store, it is necessary to accept these Terms and Conditions. Please read the Terms and Conditions carefully before using our Website and/or purchasing Products. If you do not accept all the terms of this Agreement, do not use the Website or purchase Products.
products
Apart from the existing/in-stock Products, Babysharksclub.com reserves the right to offer you any other Products for which it will have a license to sell. Our products are available for online/showroom purchase, through the Website or the physical location. These Products may be in limited quantities and may only be returned or exchanged in accordance with our Return Policy below.
We will take all legal measures to ensure the accuracy of prices, Products and Specifications displayed on the Website. If some details related to the Specifications were displayed inaccurately on the Website, for any reason, Babysharksclub.com will inform the Customer who placed a purchase order, by e-mail, as soon as possible, and in any case before acceptance of the Order.
We reserve the right, but are not obligated, to limit sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products we offer and the right to suspend any Product at any time. All Product descriptions or Product prices may be changed at any time, without prior notice, at our discretion.
my account
You can place Orders on the Website with or without prior registration of an Account. We have created the option to register an Account in the dedicated section of the Website for your exclusive benefit, in order to offer you the possibility to manage your Orders efficiently. By registering an Account you can save the Products on a list of desired products, view the Orders placed by you on the Website and automatically complete the Customer's information when placing a new order and adding more delivery addresses.
To create an account on the Website, you will be asked to provide certain information, such as: first name, last name, a valid email address, a billing address, a delivery address (if different from billing address) and a password and to accept these Terms and Conditions. When creating the Account, you must provide correct and complete information. By creating your Account, you guarantee that the information provided to Babysharksclub.com during the registration process is true, correct and complete. You agree to promptly update your account and other information, including your email address, so that we can complete your transactions and contact you, as appropriate. If any of your billing information changes, you are responsible for updating the information in the applicable section of your Account. You are solely responsible for any charges made on your Account that are made by any person through your Account, regardless of whether or not you authorized such a purchase. You are solely responsible for keeping your Account secure and confidential.
In no event shall Babysharksclub.com be liable for any losses caused by any unauthorized use of your Account. You understand and undertake to immediately notify Babysharksclub.com of any breach of security or unauthorized use of your Account.
We may delete your Account and remove any or all rights to the Website, if any information you provide is inaccurate, false, incomplete, excessively offensive, deceptive or if Babysharksclub.com, in its sole discretion, suspects such behavior fraudulent and/or illegal, such as but not limited to identity theft, stolen credit cards, or artificially purchasing to provide a distorted image with more sales associated with your registration. You agree that Babysharksclub.com may store and use the registration data you provide to be used in invoices and to maintain the Account.
Placing an order
In order to place an order for the purchase of one or more Products on the Website, you must complete the Online Order Form and send it electronically to Babysharksclub.com, following the relevant instructions.
You can place an order for a pre-ordered Product. Please note that any pre-ordered Product will be placed separately from any order for Products in stock.
Our order form, which is displayed on the first page where the order is processed, provides you with brief information about the essential characteristics of each Product ordered, the price (including all applicable taxes) and delivery costs, if applicable, for your purchase. remember that the price of the products displayed on the Website may be subject to additional fees for orders from outside the European Union.
Before buying the Products, you will be asked on the Order Form to carefully read and accept these Terms and Conditions.
Orders can be placed on the Website at any time, with or without prior registration of a customer account, by (a) adding the desired Products to the shopping cart and completing the purchase process or (b) contacting Babysharksclub.com through addresses listed in the "Contact" section of the Website. You agree to provide current, complete and accurate purchase and account information for all purchases made from our Store.
Please note that adding a Product to the shopping cart without completing the purchase process will not be considered a valid order and will not lead to a reservation of the Product. Once added to the shopping cart, a Product is available for purchase to the extent that the Product is still in stock upon completion of the purchase process.
We may, at our discretion, refuse to accept an Order or cancel the Order placed, in accordance with our Order Acceptance Policy. A Contract will be concluded and we will be legally obliged to supply the Product when we accept your Order.
Showroom pickup policy
How long do we keep your product in the showroom? The ordered products are reserved in the Showroom for 7 calendar days from the receipt of the delivery email. At the end of the 7 days, the price may change and the products may no longer be available. If the pick-up is not done in time, the order will be canceled and the refund will be made by bank transfer and transfer commissions + order processing commission of 10 Ron including VAT will be retained,
Order acceptance policy
We reserve the right, at our discretion, to refuse your request for Product(s), or to deliver less than the quantity ordered upon receipt of your Order.
For justified reasons (including, but not limited to products in stock), we can notify you of changes made to an Order by e-mail. You will be able to accept or refuse the modification of the Order. Refusal or lack of an answer within 2 working days will be considered as a cancellation of the Order (please consult the section Cancellation by the Customer of these Terms and Conditions).
An order is considered accepted, and the Contract concluded between Babysharksclub.com and the Client, after acceptance of payment by Babysharksclub.com, transmission of the Order confirmation e-mail and delivery of the Product(s). Conditions, as well as any subsequent written agreements (including by e-mail) between the Client and Babysharksclub.com as a seller, regarding a purchase order. The contract will refer only to those Products whose shipment has been confirmed in the Order confirmation e-mail and will be considered to include both these Terms and Conditions, as well as any subsequent written agreements (including by e-mail) between the Customer and Babysharksclub.com as a seller, regarding a purchase order.
Taxes and invoicing
By placing an order, you expressly undertake to pay for all Products (including any pre-ordered Products) that you purchase through the Website. Babysharksclub.com may charge your card used to pay the amount for any Products purchased and any other amounts, such as shipping charges displayed on the website or when placing the Order, in the case of delivery of the Products to a delivery address. You hereby agree to authorize Babysharksclub.com to charge your card for the amounts mentioned above, at its discretion, but not before the purchased Product is available for delivery, with the exception of pre-ordered Products. YOU ARE RESPONSIBLE FOR PROVIDING BABYSHARKSCLUB.COM'S payment processor (mainly Netopia) WITH A VALID BANK CARD AND PAYING ALL PAYMENT FEES ON TIME.
Babysharksclub.com reserves the right to change prices at any time, and such change will replace any previously displayed price for the respective Products. Any price change does not affect Orders already accepted by Babysharksclub.com for which you received an Order confirmation email.
You have the possibility to pay online, only by credit or debit card, in full at the time of placing an Order, through the payment processor approved by BabySharksClub.com. However, we reserve the right to offer more or fewer payment options.
By sending the Order, the Buyer expresses his agreement to receive the invoices in electronic format by adding them to the Account by Babysharksclub.com or via electronic mail, to the e-mail address mentioned in his Account. The printed invoice will be delivered together with the Products.
The payment card data of the User/Buyer will not be accessible to Babysharksclub.com nor will they be stored by Babysharksclub.com or by the payment processor integrated in the Site, but only by the institution authorizing the Transaction or another entity authorized to provide card identification data storage services, about whose identity the User/Buyer will be informed, prior to entering the data.
The entity authorized to provide card data storage services is Netopia Payments, a company established and operating in accordance with Romanian legislation, registered under number RO15565496, J40/9170/2003 bank account RO92UGBI0000102009055RON Garanti Bank – Bucharest, with registered office located at Bd. Dimitrie Pompeiu 9 – 9A, building 24, floor 4, Sector 2, 020335.
In certain cases, in order to maintain the security of the Transactions, when registering the Order, the Buyer will be asked to authorize the payment by re-entering the password related to the Account or using the fingerprint in the case of mobile terminals that have this facility.
For transaction security reasons, the User/Buyer is advised not to stay logged in on the Website and not to set the automatic login option on mobile devices. Disclosure of the account access password is not allowed and it is recommended to use a password with a strong security character (eg: to contain at least eight characters, including uppercase letters, lowercase letters, numbers and special characters).
Currency
We accept the following currencies: Euro (EUR) and Romanian Leu (RON). The currency displayed and accepted for each individual purchase is based exclusively on the country of residence/territory of sale and cannot be changed by the end user.
Shipping and Delivery of Products
Our products are delivered in Europe, 30 days from (a) from the acceptance of an Order for the Products in stock, (b) the conclusion of the Contract, respectively (c) from when the pre-ordered Products become available for delivery. Please check the announced release date for any pre-ordered Product and remember that any Orders containing both in-stock Products and pre-ordered Products will be shipped within 7 working days from 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 shipping the Product(s), you may be asked to confirm delivery. You agree to inspect the Product(s) for any defects, defects or obvious damage before signing for delivery. You must keep the receipt of the Product(s)/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 risks related to the Product(s) will be transferred to you upon delivery, unless delivery is delayed due to non-compliance with your obligations under the Contract. Thus, the risk will be transferred on the date of delivery. From the moment the risk is transferred, we will not be responsible for the loss or destruction of the Product(s).
If you are not available to make delivery or collection, or if delivery or collection is delayed by your unreasonable refusal to accept delivery, Babysharksclub.com may, at its sole discretion:
to immediately terminate the Contract, in which case we will reimburse all amounts already paid under the applicable Contract, less our reasonable administration expenses (including costs for shipping, returning the Product and bank fees as applicable);
to keep the Product(s) for you, provided that you bear the costs of return and the costs of a new shipment.
Cancellation by Babysharksclub.com
We can, without any liability or costs for Babysharksclub.com, cancel an Order, following a prior notification sent to the Customer, in the following cases:
in the case of online payment for non-acceptance of the transaction by the issuing bank of the Customer's card;
in the case of online payment for the invalidation of the transaction by the card processor approved by Babysharksclub.com;
in case of providing incomplete and/or incorrect data by the Client;
the Client's activity on the Website may and/or cause damage of any kind on the part of Babysharksclub.com;
making more than two failed deliveries;
in the event of a suspicious transaction or declared by an authority, institution, banking unit or legal person;
for other objective reasons.
In this case, we will notify you and refund any amount you have paid, using the same method you originally used to pay for the Product(s).
Cancellation by the customer
If you wish to cancel an Order before the Product(s) have been shipped or if you believe that someone has accessed your account without your authorization, contact Babysharksclub.com immediately at the addresses listed in the "Contact" section of the Website.
Return/Exchange Policy. Right of withdrawal by the customer
To return/exchange a Product, you must inform Babysharksclub.com in writing, using the e-mail addresses hello@babysharksclub.com, about your decision to withdraw from the Contract through an unequivocal statement expressing your decision to withdraw from the Contract and return/exchange the Product(s), using the return form provided by BabySharks, by courier to: Romania, Bucharest, sector 1, Putul lui Zamfir str. 3, ground floor, apartment 1, within 14 calendar days of receiving the Product or when you take physical possession of the last Product, in case you ordered several Products that were delivered separately in one Order.
You understand and accept that the above term is met only if you return/exchange the Product(s) before the expiration of the 14 calendar day period. Direct costs for the return/exchange of Products will NOT be borne by BabySharksClub.com and it will be necessary for you to complete a return form to return the Product.
Products purchased from the showroom cannot be returned. It is ONLY possible to exchange (within 7 calendar days from the purchase) with another product of the same or greater value.
If you withdraw from the Contract within the above interval, we will reimburse you the amounts received from you (less the cost of transport and the bank commission and the payment processor if any), without undue delay and, in any case, at most 30 days from the day we receive the returned Product. We will return the money to you using only BANK TRANSFER; in any case, you will not incur any expenses following a refund, except in the situation where you explicitly choose a different type of delivery than the standard delivery offered by us, in which case we are not obliged to reimburse you for the additional costs. We do not accept packages that are sent to us by Post or sent with delivery payment to us.
If the purchase of the Product will be made by card/card in installments, the commission charged by Netopia/Stripe (which differs depending on the number of installments chosen: 1, 2 or 3 installments) will be maintained when the money is returned.
If the transfer is made to an account that does not belong to ING Bank, a transfer fee of 5 Ron without VAT will be maintained.
You accept and acknowledge that we will refund your money when we receive the Product(s) back.
The right of return is considered correctly exercised after the full fulfillment of the following conditions:
The products are returned, complete and unused, with the original labels still attached, in their original packaging;
The packaging/protective film is not torn or damaged;
The returned products are sent and delivered within 14 (fourteen) calendar days from the 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 customized, in accordance with the provisions of art. 16 letter c) and e) of GEO 34/2014 regarding consumer rights within the concluded contracts with the professionals, when the situation mentioned above occurs, you will not be able to exercise your right of withdrawal from the sales-purchase contracts of the Products concluded at a distance or outside the 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 provided in this section, you will not be entitled to any refund of the amounts already paid to Babysharksclub.com; however, you will be entitled, at your expense, to receive the Products in the same condition as they were sent back to Babysharksclub.com.
Defective, damaged or broken products
We strive to deliver the Products in excellent condition. Our policy is to replace or refund any Products that are defective, damaged or broken, provided that you provide us promptly (but no later than 2 days after receiving the Product(s)) all reasonable details of how that the Product is claimed to be damaged or defective, (b) a copy of the confirmation of receipt of the Product(s)/delivery note and (c) any other information we may reasonably request.
No replacement or refund will be made if, after we have delivered it to you, the Product: (a) has been used incorrectly, abusively or negligently, improperly or inadequately, carelessly, or under abnormal conditions or (b ) has been handled or used contrary to our instructions for use of the Product and, to the extent permitted by law, we will not be liable to you for any losses, debits, costs, damages, taxes or expenses incurred as a result.
WARRANTIES; LIMITATION OF LIABILITY
For the delivered Products, the warranty certificates are issued directly by the manufacturer. We do not guarantee that the Products or Content purchased or obtained by you will meet your expectations in terms of quality.
The Seller cannot be responsible for damages of any kind that the Buyer or any third party may suffer as a result of the Seller's performance of any of its obligations under the Order and for damages resulting from the use of the Goods and Services after delivery and in particular for their loss.
ALL PRODUCTS OFFERED ON THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR PRIVATE USE WITHOUT REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
Major force
We will not be liable for any breach, impediment or delay in the performance of a Contract due to any cause beyond our reasonable control or will, including, without limiting ourselves to any act of fortuitous action, actions of third parties (including, without to be limited to hackers, suppliers, national or local authorities), insurrection, riots, civil rebellions, war, hostilities, war operations, national emergencies, terrorism, piracy, arrests, restrictions or detentions by any competent authority, strikes or lockout of workers , epidemic, fire, explosion, storm, flood, drought, meteorological conditions, earthquake, natural disaster, accident, mechanical failure, third-party software, breakdowns or problems with public utilities (including electrical, telecommunications or Internet failures), crisis or the inability to supply, to obtain materials, equipment or to ensure transport ("Force majeure event"), regardless of whether the circumstances in question could have been foreseen.
Either you or we can immediately terminate a Contract, by a written notification sent to the other party, in the event that the force majeure event lasts 14 (fourteen) working days or more, in which case both you and us , we will be exempt from liability for such termination (other than for the return of a Product already paid for and not delivered).
Privacy
We are particularly concerned about the security of your private information, the protection of your personal data being a priority in the development of our activity. Your personal data will be treated in accordance with our Privacy Policy, which is an integral part of this.
Links to third parties
Certain Content, Products and services available through our Website may include material from third parties. Third-party links on the Website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will have no responsibility or liability for third-party materials or sites or for other third-party materials, products or services.
Promotions and Coupons
We may publish on the Website information about Products and/or promotions available for a limited period of time and/or within the limit of available stock. As part of these promotions, Babysharksclub.com reserves the right to issue and provide to Customers, by e-mail, certain promotional coupons.
Promotional coupons are personalized codes that offer you a discount on purchases made on the Website, by entering such a code in the COUPON box displayed on the first page where the order is processed. Availability, validity and terms of use for these promotional coupons will be determined by Babysharksclub.com at its discretion. Babysharksclub.com does not offer price protection or refunds in case of price drops or promotional offers.
The credit of a promotional coupon does not accumulate interest and does not have a cash value. If you wish to return a Product to which you have applied the promotional coupon, we will refund the amount paid after using such promotional coupon, in accordance with the procedure in the Return Policy (Right of Withdrawal) section of these Terms and Conditions.
miscellaneous
If it is found that any provision of these Terms and Conditions is not applicable or is invalid, this provision will be limited or eliminated to the minimum extent necessary, so that these Terms and Conditions will otherwise remain in force and be enforceable.
The Terms and Conditions are regulated and interpreted in accordance with Romanian legislation. You expressly agree that the competent Romanian courts in Bucharest (Romania) will have exclusive jurisdiction to resolve any dispute regarding a Contract, these Terms and Conditions and the Privacy Policy.
Acceptance and acknowledgment
Using the Website and creating an Account includes the possibility of concluding agreements and/or making purchases in electronic format. You agree that any request you make for electronic purchases constitutes your intention and agreement to be bound by the terms of this Agreement and to pay for such purchases. Your agreement and intent to be bound by electronic requests applies to all records relating to all transactions you make on the Website, including cancellation notices, policies, contracts and applications. In addition, you accept and agree to the form of remote communication (eg, by telephone or e-mail) through which Babysharksclub.com conducts its operations.
Contact
If you have questions, comments, suggestions or concerns regarding the Website, Products, Contract or the processing of your personal data, you can contact Babysharksclub.com through the following contact details:
Romania, Bucharest, Sector 2, Strada Baia de Arama, no. 1, block C, stair 1, floor 2, apartment 13, postal code 022204
Email: hello@Babysharksclub.com
Phone number: +40 739 88 99 11