These user terms and conditions (“Terms and Conditions”) govern your use of BabyBjorn Limited’s (“BabyBjörn” or “We”/“we”) website and any social media that BabyBjörn uses, such as Facebook, Twitter and Instagram, (below jointly referred to as the “Website”), and any agreement you may conclude with BabyBjörn via the Website. The Website comprises all information on this website and other websites belonging to BabyBjörn to which the Website provides links, including data files, written text, photographs, videos, other images and marketing material.
BabyBjörn is entitled at any time to make amendments to these Terms and Conditions as it sees fit without specific notice in advance. When BabyBjörn amends these Terms and Conditions, BabyBjörn will make the new Terms and Conditions available on the Website.
2. Content, etc.
It is BabyBjörn’s aim that the content of the Website and the information given on it should be up-to-date and accurate. However, it is possible that some information on the Website may be inaccurate. BabyBjörn therefore accepts no liability for any typographical or printing errors, or any information on the Website that is not up-to-date.
In addition to these Terms and Conditions, BabyBjörn’s terms of sale applies for any purchase and sale of products in BabyBjörn’s online store, which are available in the online store.
BabyBjörn cannot guarantee that the colors shown on the Website are an exact representation of the actual colors of the products. The way colors are shown on-screen depends, among others, on your computer settings.
- Our Commitment
- Provision of Your Personal Data
You may be asked to provide your personal data to us when purchasing our products or using our services or website. You are not required to provide the personal information that we request, but we may not be able to provide you with our products or services or you may not be able to login to our website without that information.
- The Types of Personal Data We CollectThe types of personal data we collect may include:
- your name, telephone number, email address, home, mailing, billing or delivery address, your day and month of birth, your payment and credit card information and other personal data you voluntarily provide to us; and
- IP address, real-time geographic location data, browser settings, browsing records and other internet log on information of your computer or mobile device.
- Purposes of Collection
Your personal data may be used for one or more of the following purposes (“Purposes”):
- delivering the goods that you have ordered;
- processing your orders for products and services you place with us (including maintaining your shopping cart on our website, billing and payments);
- communicating with you; performing customer service, to get in contact with you in the event of any problem with delivery or products;
- carrying out a credit check, use ratings, reviews and comments on other websites (both BabyBjörn’s Website and others’ websites) where BabyBjörn’s products are marketed and sold;
- verifying your identity and any accounts you have with us;
- administrating any marketing, promotional or corporate programs that you participate in;
- handling and responding to your inquiries, suggestions or complaints;
- developing new products and services;
- conducting customer surveys;
- conducting data, research, statistical and behavioral analysis to help us better understand you and to improve our services and products;
- customizing our website and its contents to your particular preferences;
- with your consent, conducting direct marketing activities;
- meeting disclosure requirements of any law, regulations, codes or guidelines binding on BabyBjörn and its associated companies;
- complying with the legitimate requests or orders of the courts of Hong Kong and regulators including but not limited to auditors, governmental bodies and governmental-related establishments;
- enabling an actual or proposed assignee of BabyBjörn to evaluate the transaction intended to be the subject of the assignment; and
- any other purposes directly related to any of the above purposes.
- Transfer of Personal Data
Your personal data held by BabyBjörn will be kept confidential and we will not sell or trade your personal data. However, we may disclose or transfer your personal data to the following parties, within or outside of Hong Kong:
- our associated companies including BabyBjörn AB located in Sweden or any third party service providers, whether within or outside Hong Kong, as necessary on a need-to-know basis to fulfil any of the above Purposes or process your personal data;
- any actual or proposed assignee of BabyBjörn or transferee of the BabyBjörn’ rights in respect of any contract with you; and
- any other party when we believe such disclosure or transfer is required for legal or regulatory reasons or where it is necessary to protect our interests (as permitted by law).
Transfer of your personal data for the above mentioned Purposes may be to a jurisdiction outside Hong Kong, where there may not be in place data protection laws which are substantially similar to, or serve the same purposes as, the Personal Data (Privacy) Ordinance (Cap. 486). In such case, your personal data may not be protected to the same or similar level in Hong Kong.
- Retention of Personal Data
We will retain your personal data for as long as it is necessary to fulfill the Purposes for which the personal data is to be used and delete any of your personal data that we have stored as soon as reasonably practicable, subject to, or where otherwise required by law or permitted by law.
- Direct Marketing
We intend to use your name, contact details (such as phone number, email address, home, mailing, billing or delivery address), products and services portfolio information, transaction pattern and behavior, financial background and demographic data held by us from time to time for direct marketing;
The following classes of products, services and subjects may be marketed:
- our products and services, activities, contests, promotional offers (benefits and privileges), special events and any other information which we think may be of relevance;
- products and services, activities, contests, promotional offers (benefits and privileges) and special events of our vendors, business partners or third party service providers.
Such marketing activities may be provided to you in various methods in accordance with the personal data you provide to us, including advertisement, postal mail, telephone call, email, text or messages on your mobile devices.
We will not use your personal data for direct marketing activities unless we have received your consent (which includes an indication of no objection). You may opt-out (without any charge) of receiving information in relation to the direct marketing activities at any time by contacting our Customer Service Representative at email@example.com or at those contact details as set out below under “Company Information”.
- Protection of Information
To protect your personal data while you are using our website, we use sophisticated encryption technology and secured servers to keep your personal data safe. All your ordering information is protected during transmission by using the Secure Sockets Layer, which encrypts the information that you input so that it cannot be read in transit.
Other security measures include restricting access to personal data to employees who have a need to use the data and who have been trained to handle such data properly and observe confidentiality. No unauthorized access will be allowed.
- Websites of Third Parties
The Website may display links to other websites that do not belong to BabyBjörn and are not under BabyBjörn’s control. BabyBjörn accepts no responsibility for protection of privacy or the content of those websites; BabyBjörn displays the links to help visitors to the Website to find more information on specific topics. These websites have their own separate terms and conditions as well as privacy policies.
There are two types of cookies. The first type, persistent cookies, stores a cookie for a longer time on your computer and the cookies have an expiration date. BabyBjörn’s persistent cookies are stored for 1 year. The other type is session cookies and are only used during your visit on the Website. Session cookies are deleted when you close your web browser.
BabyBjörn uses persistent cookies inter alia to store information on your choice of country the first time you visit the Website. This avoids the need to choose a country each time you visit the Website and also enables you to see prices in your local currency. The cookies also enable BabyBjörn to see whether you have visited the Website before, and which of BabyBjörn’s pages you have visited. Session cookies are used to enhance your experience of the Website.
BabyBjörn uses third-party cookies to collect statistics in analysis tools such as Google Analytics and to market relevant products.
A special type of cookies are flash cookies. Unlike regular cookies, flash cookies are created and stored not by the web browser but the Adobe Flash Player. These can contain more information than regular cookies and cannot be deleted or stopped by the web browser, but only by Adobe’s own program. You can find more information about this type of cookie on Adobe’s website, www.adobe.com.
- Rights of Access and Correction
You have the right to request access to, and the correction of, your personal data held by us about you. If you wish to access or correct your personal data, please contact our Customer Service Representative at firstname.lastname@example.org or at those contact details as set out below under “COMPANY INFORMATION”. We will verify your identity before handling your request and a reasonable administrative fee may be charged for complying with such request.
5. Material that you upload or send to BabyBjörn in some other way
By sending material to BabyBjörn or uploading material to the Website, e.g., text, photographs, videos and other images, you grant BabyBjörn a non-exclusive license itself or via another party without limitation and using all technologies and media, and in all forms, to use the material throughout the world. You also accept that BabyBjörn may alter and edit the material so that it can be used as BabyBjörn considers appropriate. You may revoke this license at any time by notifying BabyBjörn of this. When you revoke the license, BabyBjörn must stop using the material as soon as possible, and not later than within six months. However, BabyBjörn is under no obligation to recall material that has already been distributed.
You may only send material to BabyBjörn to which you are entitled. By sending the material to BabyBjörn, you confirm to BabyBjörn that you are entitled to grant BabyBjörn the license in accordance with the preceding paragraph, that BabyBjörn has no liability for the material that you have sent, and that you will hold BabyBjörn harmless and compensate BabyBjörn for all loss, injury or damage that BabyBjörn may incur as a result of its use of the material, provided that BabyBjörn uses the material in accordance with the above license.
6. Trademarks, copyright and other intellectual property rights
The trade marks, product names, other distinctive marks, designs and domain names used on the Website belong to BabyBjörn or its associated companies, whether or not they are registered.
The contents of the Website are protected by copyright and belong to BabyBjörn or its associated companies, or are licensed by BabyBjörn.
You must not download, save to your computer or use material from the Website unless you have received BabyBjörn’s written permission, or it is stated on the Website that the material may be downloaded and used in a given manner.
To the extent as permitted by the applicable law, notwithstanding anything contained herein to the contrary BabyBjörn accepts no liability towards you for any loss, injury or damage, except in cases where the company’s liability insurance covers the damage, and provided that, where applicable, the insurer accepts that payment be made, and such payment is actually made.
BabyBjörn is never liable for indirect damage, loss of income and other consequential loss or damage of any kind.
8. Force majeure
In the event of force majeure, performance by BabyBjörn of its obligations is postponed. If the period during which force majeure prevails is longer than two months, you and BabyBjörn are both entitled to cancel the agreement you concluded with BabyBjörn via the Website, without thereby incurring any obligation for BabyBjörn to pay damages.
Force majeure means all circumstances beyond BabyBjörn’s control including strikes, staff illness, transport disruption, fire, flood, earthquake, storm, hurricane or other natural disaster, import/export ban, whether this affects the company or its suppliers.
9. Other terms
These Terms and Conditions are governed by and construed in accordance with the laws of Hong Kong. The courts of Hong Kong shall have jurisdiction in relation to any claim or dispute concerning or arising from these Terms and Conditions.
10. Company information
Unit 1911, 19/F, Peninsula Tower, 538 Castle Peak Road, Kowloon, Hong Kong
Phone: +852 3184-0660