Terms & Conditions
1. Introduction
1.1This website is operated by Babeside. Throughout the site, the terms “we”, “us” and “our” refer to Babeside.
1.2By accessing or using our Services, you warrant and represent to us that you have read, understand and agree to be bound by these Terms and that you are over the age of 18 years of age, have the right, authority and legal capacity to enter into a legally binding agreement and to abide by these Terms.
1.3All of our terms and conditions and policies that are linked to or in the Websites, including our Privacy Policy, you agree to comply with all such Terms when accessing or using our Services.
2. Use of the Services
2.1Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
2.2You warrant and represent to us that your use of the Services will comply with all applicable laws and regulations in HK, in your state/country, in the location that you access the Services and otherwise where applicable, and that you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Details and marketing emails
2.3When you provide your details to us, you warrant and represent that the details are accurate and that you are the account holder or authorised nominee of the contact number that you provide to us. You consent in advance to being contacted during our usual business hours (including in relation to customer service matters, order confirmation/assistance, product offers and/or other promotional purposes) and to receiving marketing and promotional materials via electronic communication to the contact details provided in accordance with our Privacy Policy.
3. User Generated Content
3.1By uploading, publishing, transmitting or making available any data, content or other material to Babeside including but not limited to, sharing posts using specific hashtags (#) in line with a campaign we might be running at that time, posting, publishing or uploading comments, reviews, images, photos, content or any other material to our Websites (User Content), you grant Babeside, its affiliates, licensees and successors a non-exclusive, royalty-free, perpetual, irrevocable, worldwide and fully sub-licensable right to use, communicate, reproduce, modify, adapt, publish, publicly perform, translate, create derivative works from, distribute and display in any form, any such content, including but not limited to text, images, videos, graphics, audio and photographs without attribution.
3.2By posting, uploading, publishing, transmitting or making available any User Content to Babeside, you warrant and represent to Babeside that:
(a)you hold all the intellectual property rights to the User Content and have the authority to upload or make available the User Content and licence the User Content to Babeside;
(b)Babeside’s use of the User Content will not infringe or violate any third-party rights, including but not limited to defamation, intellectual property rights, moral rights and privacy rights and will not give rise to an obligation to make any payment to a third party;
(c)any User Content you associate with the Services or send to other users is accurate, complete, not false and not misleading;
(d)the disclosure and use of the User Content to Babeside will not cause harm to any other user or third party, or violate their rights including any patent, trade mark, trade secret, copyright or other intellectual property or proprietary right (such as User Content that contains copyrighted material without permission) or right to privacy;
(e)the use by Babeside of the User Content will not breach the security of Babeside or its users by containing viruses, Trojan horses, worms or other harmful or disruptive scripts, code, programs or content;
(f)the disclosure and use of the User Content by Babeside does not violate these Terms or other policies, or any applicable law, rule or regulation;
4. User Accounts
4.1To access and use some of the Services, you may be required to register an account with Babeside.
Your account
4.2You agree that you are solely responsible for maintaining the confidentiality of your account details, including your password. If you wish to amend your account details or delete your account, please contact us.
4.3You agree that User Content you provide to Babeside to be made publicly accessible to third parties, including other users or visitors of the Services.
4.4Babeside retains the right to screen and verify your identity or your business's identity (if applicable) in our sole discretion.
4.5You understand that Babeside may, in its absolute discretion, investigate, take legal action, terminate or cancel your access to the Services, your account, subscription or membership at any time, including if it is found that you have, or are suspected of, violating these Terms.
5. Orders and Cancellations
5.1You agree that any purchase of goods and services through our Services (Goods) is subject to these Terms.
Orders
5.2An order for the purchase of Goods (Order) is accepted upon the latter of the following to occur:
(a)you have submitted your Order;
(b)we have issued an Order confirmation.
5.3Babeside reserves the right to:
(a)accept or reject your order or a part of your order for any reason, including, without limitation, the unavailability of any goods, limitations on quantities available for purchase, inaccuracies or errors in goods or pricing information, where fraud is suspected, or where there is an error in your order;
(b)request identification from you, including your name, your email address or your phone number for verification purposes before we process your order;
(c)restrict the quantity or total value of goods available for purchase to each person or address.
5.5Where we exercise the rights above, we will notify you by email and suggest an alternative goods, remove an item from an order or provide a refund of the purchase price where applicable and Babeside shall not be liable for any loss or damage whatsoever arising from such acts.
Cancellations
5.6Please contact our customer service by email support@babeside.com if you want to cancel your order.
6. Goods
Product images
6.1Whilst we have made every attempt to show textures, appearances and colours of our products as accurately as possible, product images may vary from the delivered Goods depending on your monitor, settings and computer equipment.You must ensure that you carefully read the title and description before making a purchase.
Availability of Goods
6.2All orders are made subject to availability. Whilst we use our best efforts to ensure that Goods are available for delivery, there may be some circumstances where Goods are unavailable.
6.3Where we cannot fulfil your order, or a part of your order, we will notify you within a reasonable time after you complete your order. Please note that we may need to reject your order or reject part of your order on this basis.
6.4If your order is rejected or cancelled, we will refund in full all amounts you have paid in respect of such unavailable goods. Alternatively, we may contact you to advise you of a delay in restocking a particular good and a delay in delivery of your order. In this case, you may elect to proceed with your order on the basis of a delayed delivery date, cancel your order or select an alternative good. If you do not vary or cancel your order within five business days of notification, you are deemed to have accepted the delay.
6.5We reserve the right to limit the sale of goods to reasonable or normal household quantities.
7. Recalls and Bans
7.1If any Goods are subject to a recall or ban, you agree to follow any reasonable instructions provided by us regarding return or destruction of such Goods and you consent to us contacting you and you agree to inform any end-user of the Goods, including any gift recipient, of any recall applicable to such Goods.
8. Prices and Payment
8.1We reserve the right to vary, amend, add or remove payment methods, prices or goods offered in the Services from time to time in our sole discretion as we see fit, without notice. Such changes will not affect orders submitted before the change was made.
Prices
8.2Prices displayed in our Services are shown in the currency selected on the Website and are not inclusive of GST, unless otherwise specified. Displayed pricing may not include shipping or delivery charges, which are calculated at check-out.
8.3Prices of goods, as well as delivery and any other charges displayed in our Services are current at the time of issue but may change at any time and are subject to availability.
8.4You are responsible for any taxes, duties or other liabilities imposed by any government agency, including, without limitation, any goods and services taxes or any value added tax imposed on any goods or services acquired or ordered by you in the Services. Where applicable, you must pay any such taxes, duties or other liabilities, without deduction or set off of any other amounts, at the same time and on the same basis as you pay the purchase price.
Payment
8.5Full payment for the purchase of Goods is required at the time of placing your order, including the purchase price plus any delivery fees. Payment is charged/debited at the end of the complete checkout process. We also accept monthly payments authorized by Klarna.
8.6Payment methods pls see here.
8.6You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, or if we, in our sole discretion, suspect that it has been paid for using any fraudulent or unlawful means, we may cancel the order.
9. Returns
9.1Returns and defective Goods will be handled in accordance with our Returns Policy.
10. Delivery and Shipping
10.1Shipping and delivery will be handled in accordance with our Shipping Information page.
10.2Delivery of the Goods (Delivery) is taken to occur at the time that:
(a)you, or your nominated carrier takes possession of the Goods at the Babeside address;
(b)Babeside (or Babeside nominated carrier) delivers the Goods to your nominated address, even if you are not present at the address.
10.3You must take delivery by receipt or collection of the Goods whenever they are tendered for delivery. In the event that you are unable to take delivery of the Goods as arranged, then Babeside shall be entitled to charge a reasonable fee for redelivery and/or storage.
10.4Any delivery date or time specified by us is an estimate only and you agree that you will still accept delivery of the Goods even if they are delivered on a different date or time. Babeside will not be held liable for any loss or damage suffered as a result of any delay in delivery. However, if the Goods are not delivered within a reasonable time after the estimated date, please contact us.
11. Promotions, Discounts and Final sale
11.1Promotions, discounts, or final sale are subject to their own specific terms and conditions as provided by Babeside from time to time.
11.2Babeside reserves the right to:
(a)terminate, modify or extend any promotional offer at any time, without notice;
(b)cancel any order to which a promotional discount or code has been applied in error or contrary to the terms and conditions of such discount or code.
12. Termination
12.1Without prejudice to any other remedies, Babeside may:
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
13. Intellectual Property
13.1All text, graphics, user interfaces, photographs, trademarks, logos, and artwork including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content, contained on or in our Services are owned by, or licensed to Babeside, and are protected by copyright, patent and trademark laws, and various other intellectual property rights.
13.2You may access and use the information provided in our Services, on a limited, revocable, non-sublicensable licence, for your personal, non-commercial informational purposes. No content may be downloaded, copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without the prior written consent of Babeside.
13.3Unless explicitly stated herein, nothing in these Terms may be construed as conferring any licence to, or assignment of, any of Babeside’s intellectual property rights, whether by estoppel, implication or otherwise. Babeside reserves all rights not expressly granted in the Services.
13.4Access to and use of our intellectual property is granted to you on a limited, revocable, non-sublicensable licence, subject to these Terms. You agree that you will not:
(a)copy, modify, publish, adapt, sub-licence, translate, sell, distribute, transmit, perform, display, reverse engineer, decipher decompile or otherwise disassemble any portion of the Babeside IP or our Services or cause or assist others to do so;
(b)challenge Babeside’s ownership of Babeside IP;
(c)infringe Babeside IP;
(d)use or make any intellectual property that is similar to Babeside IP.
14. Privacy
14.1You agree to allow Babeside to send you emails regarding the Services, including any information regarding or relating to our goods and services, in accordance with our Privacy Policy. Please see our Privacy Policy for information about our privacy practices.
15. Unauthorised access and malicious materials
15.1You must not attempt to, or actually gain, unauthorised access to our Services, the server on which our Services is stored or any server, computer or database connected to our Services. You agree that you will not cause harm to our Services by hacking, phishing, introducing viruses, trojans or other programs, scripts or material that may be malicious or technologically harmful to us, our Services or other users of our Services.
15.2To the maximum extent permitted by law, we will not be liable for any losses or damage whatsoever (including indirect or consequential loss, loss of profit or goodwill), whether in contract, tort or otherwise caused by any malicious or harmful programs, scripts or technologies that may affect our Services as aforementioned, system failures or any other harmful material that may infect your computer, device, programs, data or other proprietary material and you release us from any such liability.
16. Hyperlinks and Third Party Content
16.1Third party websites are governed by their own terms and conditions and privacy policies and we recommend that you make your own enquiries as to their terms. You acknowledge that our terms and policies do not govern the websites or applications of third parties and that third party websites or applications may be governed by their own terms and conditions. You understand and agree that you access any such third party websites and applications at your own risk and that Babeside is not liable for any information on, or the privacy practices of, any third party websites.
17. Limitation of Liability
17.1TWe do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Babeside, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
18. Disclaimer of Warranty
18.1Babeside provides the Websites and their contents on an “as is” basis and use of this information is at your own risk. While we aim to update the Websites regularly, neither Babeside, nor any of its employees or agents, makes any representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on the Websites.
18.2We reserve the right to restrict access to the Services or any part of the Services, change or withdraw any goods, information or content featured in the Services or provided through our Services, without notice. You acknowledge and agree that we retain complete editorial control over the Services and may alter, amend or cease the operation of the Services or any part of the Services, at any time, in our sole discretion.
19. Release and Indemnity
19.1You agree to release and indemnify and hold Babeside and (as applicable) its affiliates, agents, and employees, harmless from and against any claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including legal fees on a full indemnity basis, arising from or in relation to your purchase or use of goods or services purchased from the Babeside, your use or access of the Services, or any access to the Services by a third party arising out of your breach of these Terms, or your violation of any law or the rights of a third party.
20. Amendments and correction of errors
20.1Babeside reserves the right to amend these Terms from time to time as it sees fit. Any amendments or changes to these Terms are effective from the date on which the amended terms are published except in relation to orders placed prior to the publication of any varied terms.
20.2Whilst we endeavour to notify you as soon as reasonably possible of any changes to our Terms by email or by a notice on or in the Services, it is your responsibility to keep up to date with any changes or amendments to these Terms by checking this page, which contains our most accurate and up to date version of our Terms.
20.3Babeside reserves the right to amend any errors in the Services, including any pricing errors, and amend any prices and goods, at any time without notice to you.
21. General
21.1Waiver: Any failure or delay by Babeside in exercising a power or right (either wholly or partially) in relation to these Terms does not operate as a waiver or prevent Babeside from exercising that power or right or any other power or right. We are not liable to any other party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right. This clause survives termination of these Terms.
21.2Force majeure: If we are unable to perform in whole or in part, any obligation under these Terms as a result of any fact, circumstance or matter beyond our control, we are relieved of that obligation to the extent and for the period that it we are unable to perform the obligation. You agree that Babeside will not be held liable for any delay or failure in performance of any part of the Services or delivery of Goods.
21.3Severability: If any part of these Terms is determined to be by a court of competent jurisdiction to be invalid or unenforceable, that part shall be severed from the Terms. Such invalidity does not affect the validity of the remaining provisions of these Terms. This clause survives termination of these Terms.
21.4Relationship: These terms do not confer an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between Babeside and you or any other party unless expressly stated otherwise.
21.5Entire agreement: These Terms (and all other terms and conditions and policies that are incorporated by these Terms) and any additional policies or terms you have agreed to through use or access of our Services make up the entire agreement, and supersede all prior written and oral agreements, representations, undertakings and understandings. Where there is an inconsistency between these Terms and any additional Terms, the additional Terms will prevail. This clause survives termination of these Terms.
22. Contact US
Email: support@babeside.com (You will get a reply within 24 hours)
GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you shall be
governed by and construed in accordance with the laws of the UK.