General terms and conditions of sale
BabyBjorn Limited, which is a limited liability company incorporation in Hong Kong with company number 2166801 (“BabyBjörn”), runs the websites babybjorn.com and babybjorn.hk, consisting of subdomains and individual webpages, (collectively referred to as “the Website”). BabyBjörn’s address:
Unit 1911, 19/F, Peninsula Tower, 538 Castle Peak Road, Kowloon, Hong Kong
e-mail address: firstname.lastname@example.org; phone number+852 3184-0660
These general terms and conditions (“the Terms”) apply when you as a consumer (“the Customer”) place an order via the Website. The Terms are only applicable to a Customer who is a consumer and who places orders via the Website.
To be able to place orders on the Website, the Customer must be aged 18 years or over and have an address in Hong Kong, China, Taiwan and Singapore. BabyBjörn reserves the right in individual cases to refuse or modify a Customer’s order (in the way specified below in the Contract and Order section).
To the extent permissible by the applicable law, 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.
The Customer can always contact BabyBjörn’s Customer Service. Contact details are available under the Customer Service section and on the Website. BabyBjörn tries to reply within 24 hours of receiving the question (during normal working hours, i.e. Monday-Friday 9am – 5pm)
2. Contract and Order
Once the Customer has placed their order, a contract for purchase is concluded between the Customer and BabyBjörn. BabyBjörn then sends an order confirmation to the e-mail address the Customer has specified when placing the order. A contract for purchase is concluded between the Customer and BabyBjörn as at the date of an order confirmation. 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.
BabyBjörn reserves the right to cancel an order that contains incorrect personal data or if the Customer has a record of non-payment.
If errors in price, delivery time or other circumstances should arise, BabyBjörn is entitled to change this afterwards. 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 waits for the Customer ’s approval of the modified terms before BabyBjörn proceeds with the order.
3. Customer Data etc.
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 are correct and complete, and is responsible for incorrectly entered data.
4. Prices, Charges and Payment
When ordering via the Website, the prices specified on the Website apply. Prices are specified in Hong Kong dollars. The prices do not include payment charges, delivery charges and invoicing charges or similar, which may be added and are specified separately.
BabyBjörn accepts no liability for printing and typographical errors relating to price. The Customer is always informed about any price adjustments after an order has been placed and, in this case, they are entitled to change or cancel their order.
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. These terms and conditions are accessible when the Customer selects a payment method.
BabyBjörn is entitled to take payment from the Customer as soon as the Customer places the order, unless the Customer has selected payment by invoice or some similar payment method. When paying by invoice or part payment, BabyBjörn, or the payment solution provider, can request a credit check. In the event of late payment or non-payment, interest on overdue payment at a variable interest rate corresponding to HIBOR 3 Months interest rate plus 8 percentage points will be charged and the Customer will also be liable to pay for the cost of a written reminder.
5. Campaigns and Special Offers
BabyBjörn may from time to time offer campaigns on the Website. Any such campaigns may have other terms and conditions than the provisions in these Terms. The campaign terms and conditions will apply for as long as the campaign is active and to the specific products included in the campaign. BabyBjörn reserves the right to terminate such campaigns at any time. Special offers on specific products on the Website apply for a limited time only while stocks last.
6. Delivery and Transport
Products that are in stock are normally delivered within the number of working days specified on the Website.
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 unless otherwise agreed, does not accept accepts liability for delays. The expected delivery time for the product is stated on the order confirmation, at the checkout and/or on the product page in question on the Website. If it is not possible to deliver a product in 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.
Parcels 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. Warranty and Complaints
Certain BabyBjörn products may be covered by a warranty which is more favourable than the Customer’s rights under applicable consumer protection legislation. 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.
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 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.
BabyBjörn pays return shipping costs for approved complaints.
Once the complained about product has been returned and the complaint approved, we will notify you for a replacement or refund (if any) within a reasonable period of time. BabyBjörn endeavours 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.
8. Changes to the Terms
BabyBjörn reserves the right at any time and at its own discretion to make changes to these Terms without giving any prior notice. 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 by posting the new Terms on the Website. BabyBjörn recommends that the Customer checks the Website regularly to find out about any changes to the Terms.
Each purchase that the Customer has made, however, will be governed by the Terms in force at the time each respective order was placed.
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.
10. Applicable law and disputes
Disputes should be resolved in the first instance by amicable agreement after discussion with BabyBjörn’s Customer Service. The courts of Hong Kong shall have exclusive jurisdiction in relation to any claim or dispute concerning or arising from these Terms and the order terms.
These Terms shall be governed by and construed in accordance with the laws of Hong Kong.