General terms and conditions of sale
BabyBjörn AB, which is a Swedish limited company with company registration number 556093-6196 (“BabyBjörn”), runs the website babybjorn.com, consisting of subdomains and individual webpages, (collectively referred to as “the Website”). BabyBjörn’s address: Suite 1626, 16th Floor. Ocean Centre, Harbour City, Kowloon, Hong Kong; e‑mail address: email@example.com; phone number +852 3184-0660; Australian registered body number 649 291 216.
Contact details and other information about BabyBjörn are available on the Website and in BabyBjörn’s Terms and Conditions of Use for the Website, which are available here.
These general terms and conditions (“Terms”) apply when you as a consumer (“the Customer”) place an order via the Website. These Terms are only applicable to a Customer who is a consumer and who places orders via the Website.
1.1 To be able to place orders on the Website, the Customer must be aged 18 years or over. BabyBjörn reserves the right in individual cases to refuse or modify a Customer’s order (in the way specified below in clause 2).
1.2 BabyBjörn accepts no liability for products selling out, or for any image or typographical errors on the Website, e.g. errors in a product description or technical specification, incorrect prices or incorrect information about product availability. BabyBjörn is entitled to correct any such errors, as well as change or update the information on the Website, at any time.
1.3 In addition to these Terms, the Website Terms also apply. The Website Terms describe the provisions for, inter alia, confidentiality and personal data, cookies, material on the Website, intellectual property rights, such as trademarks and copyright, as well as liability.
1.4 If the Customer wishes to contact BabyBjörn’s Customer Service, contact details are available under the Customer Service section hereand on the Website. BabyBjörn tries to reply within 24 hours of receiving the question.
2. Contract and Order
2.1 To be able to make a purchase via the Website, the Customer must accept these Terms. By placing an order on the Website, the Customer is deemed to have accepted these Terms, including the Website Terms .
2.2 Once the Customer has placed their order, if BabyBjörn accepts the order it will send an order confirmation (including an order number) to the e-mail address the Customer has specified when placing the order. Once the order confirmation has been sent a contract for purchase is concluded between the Customer and BabyBjörn on the terms and conditions set out in these Terms. The Customer should save this order confirmation in case they need to contact BabyBjörn’s Customer Service. The Customer can cancel their order up until the point it is confirmed by BabyBjörn and, in this case, any payments made by the Customer or their debit or credit card company in respect of the order will be refunded.
2.3 BabyBjörn reserves the right to cancel an order (without recourse by any person) that contains incorrect personal data or if the Customer has a record of non-payment (or does not otherwise comply with the Terms).
2.4 If errors in price, delivery time or other circumstances should arise, BabyBjörn is entitled to change this after acceptance of an order. In this event, BabyBjörn will contact the Customer to inform them of this. In such a case, the Customer is entitled to either change or cancel their order. BabyBjörn will wait for the Customer’s approval of the modified terms before BabyBjörn proceeds with the order.
3. Customer Data.
3.1 When the Customer is placing an order, the Customer will be asked to provide certain personal data. The Customer confirms that the data entered by the Customer is correct and complete, and acknowledges that it is solely responsible for incorrectly entered data.
3.2 BabyBjörn manages personal data in accordance with applicable personal data legislation and in accordance with the Website Terms.
4. Prices, Charges and Payment
4.1 When ordering via the Website, the prices specified on the Website apply. Prices are specified on the Website and include VAT, GST and/or any other applicable taxes. The prices do not include payment charges, delivery charges and invoicing charges or similar, which may be added and are specified separately.
4.2 Local VAT, tax and customs fee and other charges may apply in the country to which the products are delivered when ordering products to countries outside the EU. Please contact your local customs office for more information. BabyBjörn will not charge VAT for orders to countries outside the EU and Swedish VAT will be deducted before payment. BabyBjörn will however charge any taxes payable under the laws of any other jurisdiction to which an order is delivered, as required by the laws of that jurisdiction.
4.3 BabyBjörn accepts no liability for printing and typographical errors relating to price. BabyBjörn will use reasonable endeavours to inform the Customer about any price adjustments after an order has been placed and, in this case, the Customer is entitled to change or cancel their order.
4.4 The possible payment methods are specified on the Website. BabyBjörn uses third-party payment services. The providers of these payment services have their own terms and conditions of use that regulate, inter alia, the way the Customer’s personal data is managed and specify any fees and charges applicable to using their payment services. These terms and conditions are accessible and will be notified to the Customer when, the Customer selects a payment method.
4.5 BabyBjörn is entitled to take payment from the Customer as soon as the Customer places the order (via credit card) or any other payment method agreed between the Customer and BabyBjörn. If payment is to be made by prior agreement following invoicing (or by part payments), BabyBjörn, or the payment solution provider, can request a credit check. In the event of late payment or non-payment, the statutory interest on overdue payment will be charged on the amount outstanding from and including the date on which the payment became due until but excluding the date on which the payment is made, which interest is payable on BabyBjörn making written demand to that effect. The Customer will also be liable to pay for the cost of a written reminder of payment if required by BabyBjörn.
5. Campaigns and Special Offers
5.1 BabyBjörn may from time to time offer campaigns, promotions, or special offers (“Campaign“) on the Website. Any such Campaign may have applicable terms and conditions other than, or in addition to, these Terms (“Special Terms“). The Special Terms will apply for such time, and to such products, as are specified in the Special Terms. BabyBjörn reserves the right to terminate any Campaigns at any time and each Campaign is conducted on the basis that it applies to the relevant products for a limited time and only while stocks last.
6. Delivery and Transport
6.1 Delivery will be made to the place specified in the Customer’s order.
6.2 Products that are in stock are normally delivered within the number of working days specified on the Website (depending on where the Customer resides, and the jurisdiction of the delivery address).
6.3 BabyBjörn does its best to deliver as fast as possible, but unfortunately delays may occur. Therefore, BabyBjörn does not guarantee delivery on any specific day and under no circumstances accepts liability for delays. The expected delivery time for the product is stated on the order confirmation, at the checkout and/or on the relevant product page on the Website. If it is not possible to deliver a product by the estimated time, BabyBjörn will send an e-mail message with information to the Customer. If a product is unavailable or cannot be delivered for some other reason, the product will be cancelled from the order and, in this case, any payments made by the Customer or their debit or credit card company in respect of the order will be refunded.
6.4 Parcels will de delivered to the address nominated by the Customer (or if the Customer is not available to accept delivery at the time, the distribution facility of the carrier). If delivery is made to the distribution facility of the carrier, the parcel must be collected by the Customer within the time specified on the notification. Parcels should normally be collected in person with valid proof of identity and order number. The Customer always receives notification of where and when to collect the parcel. Notification may be made via SMS, the postal service, email or telephone. In the event of non-collection of a parcel, BabyBjörn reserves the right to invoice the Customer for return shipping, a service charge and handling fee.
7. Right of withdrawal
7.1 When purchasing products on the Website, if required by law, there is a 14-day right of withdrawal in accordance with applicable consumer protection legislation. This means that the Customer is entitled to withdraw from their purchase by informing BabyBjörn of this decision within 14 days of the Customer or the Customer’s agent receiving the ordered product (“the cooling-off period”).
7.2 The right of withdrawal does not apply to: (i) bespoke products that have been made to order or are clearly personalised; (ii) products that cannot suitably be returned with unsealed packaging for health or hygiene reasons, and which have been unsealed by the Customer; or (iii) products ordered in, and delivered to, a jurisdiction in which the cooling-off period does not apply at law.
7.3 When the Customer orders a product to which the right of withdrawal does not apply, the Customer receives clear information to this effect. If a product has been sealed, the Customer may not break the seal if they want to be able to exercise their right of withdrawal later. In other words, the right of withdrawal will be terminated if the Customer breaks the seal.
7.4 If the Customer wants to withdraw from a purchase made on the Website, before the cooling off period expires, the Customer should send a clear and unequivocal message to BabyBjörn containing the following information: (i) the order number and the product for which the Customer wishes to exercise the right of withdrawal, (ii) the Customer’s name, (iii) the Customer’s address, and (iv) any other contact details. The Customer should primarily use the “Return of Products to BabyBjörn Shop” form available here(“Withdrawal Notice“). BabyBjörn will then send e-mail confirmation to the Customer that BabyBjörn has received the Withdrawal Notice.
7.5 When exercising the right of withdrawal, the Customer pays the return shipping costs and is liable for the condition of the product after the Customer has received the product as well as during return shipping. The product should be returned to BabyBjörn within 14 days of informing BabyBjörn of the intention to exercise the right of withdrawal. The product should be sent well-packaged, undamaged, in good condition and in its original box.
Returns should be made to BabyBjörn in the way BabyBjörn has specified in its confirmation of the Customer’s decision to exercise the right of withdrawal. The description of the way the product should be returned is also available on the Website under the Returns section here.
7.6 If the Customer withdraws from their purchase, the amount the Customer has paid for the product is refunded to the Customer, including any delivery charges in connection with the purchase. Exceptions apply to any supplementary delivery charges as a result of the Customer selecting a delivery method than the standard delivery offered by BabyBjörn. When returning part of an order, the delivery cost is not refunded. BabyBjörn is entitled to deduct a sum from the amount to be refunded equivalent to the product’s depreciation compared to the product’s original value if and to the degree that such depreciation is due to the Customer having handled the product to a greater extent than is necessary to establish its qualities or function (or any other act or omission of the Customer).
7.7 BabyBjörn refunds the amount as quickly as possible and no later than 14 days after receiving the Withdrawal Notice. However, BabyBjörn is allowed to delay the refund until either (in its absolute discretion) BabyBjörn has received the product or the Customer has shown evidence satisfactory to BabyBjörn that the product has been sent back. The Customer will be refunded via the payment option selected by the Customer in the Withdrawal Notice, provided that no other agreement has been made or that there are no obstacles to such a refund (as reasonably determined by BabyBjörn).
8. Warranty and Complaints
8.1 Certain BabyBjörn products may be covered by a warranty which is more favourable than the Customer’s rights under applicable consumer protection legislation in the jurisdiction in which the products are ordered and delivered. In these cases, information about any warranty period and the specific warranty terms and conditions for any such product are specified in the product description contained on the Website.
The warranty only covers original manufacturing defects and not defects arising from the Customer’s alterations to the product’s function and appearance, accidents, misuse, deviations from care and servicing instructions, as well as normal use and wear and tear. A defect occurs if there is a material non-conformance with the specifications for the product as set out on the Website.
8.2 The right of complaint in accordance with applicable consumer protection legislation covers products that are defective in accordance with relevant consumer protection legislation. A Customer who wishes to complain about a defect in a product they have ordered should contact BabyBjörn’s Customer Service and notify them of the defect within a reasonable time after the Customer has noticed or should have noticed the defect (“Complaint“). Complaints made within two (2) months of the Customer noticing the defect are considered to have been made in the right time (“Defect Period“). The Customer has three (3) years’ right of complaint on products purchased on the Website, but the defect should always be reported within the Defect Period after the Customer noticed or ought reasonably to have noticed the defect. A defect that comes to light within six (6) months of the Customer receiving the ordered product is considered to have existed at the time the product was received, unless BabyBjörn can prove otherwise, or this is incompatible with the nature of the product or the defect.
8.3 BabyBjörn pays return shipping costs for approved Complaints.
8.4 Once the product that is the subject of the Complaint has been returned and the Complaint approved, BabyBjörn will compensate the Customer to the extent required by applicable consumer protection legislation. BabyBjörn will endeavour to do so within 30 days of the date on which BabyBjörn received the complaint, but it may take longer depending on the nature of the product. BabyBjörn reserves the right to reject a complaint if the product turns out not to be defective in accordance with applicable consumer protection legislation. In the event of complaints, BabyBjörn follows guidelines from an ADR entity. To find out more, please visit: arn.se or http://ec.europa.eu/odr
9. Changes to these Terms
9.1 BabyBjörn reserves the right at any time and at its own discretion to make changes to these Terms without giving any prior notice, subject to all applicable laws. When BabyBjörn makes changes to these Terms, BabyBjörn will post the new Terms on the Website. Changes apply from the time the Customer accepts the Terms (by making a new purchase or by visiting the Website), or 30 days after BabyBjörn has informed the Customer about the changes (in respect of new or future orders). BabyBjörn recommends that the Customer checks the Website regularly to find out about any changes to these Terms.
9.2 Each purchase that the Customer has made, however, will be governed by the Terms in force at the time each respective order was placed.
10.1 If any provision or part thereof in these Terms should be held by any court to be invalid or unenforceable, this will not invalidate the Terms in their entirety. Reasonable adjustment of the invalid provision should be made instead, so that it becomes valid and enforceable to the extent that the applicable law allows OR TO THE EXTENT THIS IS NOT POSSIBLE THE INVALID TERM should BE SEVERED FROM THESE TERMS AND THE REMAINING PROVISIONS WILL APPLY.
11. Applicable law and disputes
11.1 If any dispute arises between the Customer and BabyBjörn arising out of or in respect to these Terms (“Dispute“), the Customer and BabyBjörn must use reasonable endeavours and act in good faith to resolve the Dispute by amicable agreement after discussion with BabyBjörn’s Customer Service. In the event of a Dispute, BabyBjörn follows decisions from an ADR entity.
11.2 A dispute involving the construction or application of these Terms should be construed in accordance with Swedish law and be decided by a court of law in Sweden.
11.3 In addition, the Customer may instead choose to settle the Dispute by ADR procedure by submitting a complaint to the ODR platform http://ec.europa.eu/odr. More information about the ADR procedure is available on the ODR platform. BabyBjörn accepts that a Dispute is decided by the ADR entities that are competent to deal with the complaint. In the event of a Dispute, BabyBjörn will follow the decision from the ADR entity.
12. TERMS APPLICABLE TO AUSTRALIAN ORDERS ONLY
12.1 Despite any other clause in these Terms, the provisions of this clause 12 will apply where an order specifies that a product is to be delivered within Australia.
12.2 Neither party (Party 1) is liable to the other party (Party 2) or to any other person for any indirect, incidental, special or consequential loss or damage, pure economic loss damages and exemplary or punitive damages, including loss or damage in relation to loss of use, loss of production, loss of revenue, loss of profits or anticipated profits, loss of business, loss of business opportunity, loss of contract, loss of reputation or opportunity, business interruptions of any nature, loss of data, data corruption rectification costs or loss or damage resulting from wasted management time or damage of any kind caused by or resulting from any act or omission of Party 2 or any of its employees, agents, contractors or personnel.
12.3 Any representation, warranty, condition, guarantee, indemnity or undertaking that would be implied in, or affect, these Terms by legislation, common law, tort, equity, or by course of performance, dealing, trade, custom or usage is excluded to the maximum extent permitted by law.
12.4 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy conferred on a party by the Australian Consumer Law, Schedule 2 of the Competition and Consumer Act 2010 (Cth) or any other applicable law. To the fullest extent permitted by law, the liability of BabyBjörn for a breach of a non-excludable guarantee is limited, at BabyBjörn’s option to:
(a) the supplying of the goods again; or
(b) the payment of the cost of having the goods supplied again.
12.5 The maximum aggregate liability of BabyBjörn for all losses, damages, costs, expenses and claims arising out of, or in connection with, these Terms, whether arising in or under contract (including for liability under any indemnity), statute, tort (including negligence), equity or otherwise at law, is limited to the amount paid by the Customer to BabyBjörn in respect of the products the subject of the relevant claim.
12.6 The Customer agrees to indemnify, defend and hold harmless BabyBjörn, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from the Customer’s use of the Website or the Customer’s breach of these Terms.