Conditions of Use
1. THESE TERMS
1.1 What these terms cover. Welcome to www.babacool.net, www.babacool.yoga, www.babacool.co.uk (the “Website”). From our own experiences of shopping online, we know how important it is to feel secure and protected, so we want you to feel like that when you shop with us. Our Terms and Conditions (or T&Cs) outline everything you need to know to ensure that shopping with us is safe, secure and fair. These terms and conditions include general terms and conditions for use of this Site, terms and conditions relating to the Services, any terms and conditions relating to the sale and purchase of Products on the Site.
By using the Website you agree to be bound by these T&Cs and any orders placed by you are bound by these T&Cs. Please read these terms carefully before you submit your order to us. If you’re uncertain about your rights under these T&Cs, or you want any explanation about them please get in touch before you place your order. Babacool’s website (the “Site”) is designed to provide you with access to yoga, breath, TRE, Qigong and meditation classes, workshops, retreats and events both online and in-person, gong baths, products, training both online and in-person, information about wellness and self-awareness. The Site is not intended for those below the age of 18. Please do not use this site if you are under the age of 18.
This Website is owned and operated by Babacool (“The Company”) of whose registered office is c/o ARIC, The Business Centre, 2 Falcon Gate, Shire Park, Welwyn Garden City, AL7 1TW, UK.
1.2 How to contact us. You can telephone us on +44 (0)7746679905, our office hours are Monday to Friday 9.00am – 5.00pm. If you have any compliments or complaints about our products or services, please contact info@babacool.net. We try to respond to all emails to this address within one working day (but please be patient with us if it gets busy and we take slightly longer).
1.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
1.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
PLEASE READ THIS TERMS OF USE AGREEMENT VERY CAREFULLY BEFORE USING THE WEBSITE
Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Site. By using the Site, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Site) or you are a “Member” (which means that you have registered on the Site as a user). If you do not accept the terms of this Agreement, you must discontinue use of the Services immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
Important Liability Statement
The exercise, health information and videos, programmes, courses, training and articles provided as part of the Services are demanding. The use of the Services and Products require a high level of responsibility and self-awareness in order to avoid injury. Before using any of the Services and Products, it is your responsibility to determine, through obtaining appropriate medical advice, that you are fit and well and that the Services and Products are suitable for you. Before commencing any exercise program or nutritional program and before making changes to your existing exercise or nutritional program, you should consult your physician or other qualified Healthcare Provider in order to ascertain whether the programs and changes are appropriate for you. You are responsible for your own safety. A very important part of your own journey is to assume responsibility for your own wellness, your own body and your health. Please listen to your body and when in doubt, hold back on any exercise regime. From time to time instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against the Company, or any person or entity involved with the Company including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives. You assume all risk of injury by using the content, Services and Products. Please do not use the content, Services and Products if you are not willing to accept this responsibility.
No content or other information contained on or provided through the Site or provided by the Company by email or in any manner whatsoever should be construed as medical and/or health advice. Always seek the advice of your physician or other qualified Healthcare Provider for answers to any questions you may have regarding a medical or health-related condition. Neither the content, other information contained on the Website, nor any other Service offered by or through the Company is intended to be relied upon for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on the Site.
There is absolutely no guarantee, representation, warranty or undertaking that you will not suffer injury arising out of participation in any physical activity as shown on the Site or that your fitness, health or wellbeing will improve as a result of participation in the Services. Your health and wellness will improve as part of an all-round change in diet and activity level as advised by your Healthcare Provider.
LIABILITY: We try to make sure that all information that we post on the Site (and provided by us to you as part of any Services or Products) is correct, and we will use reasonable care and skill in providing Services to you. As long as we have done that, and subject to the paragraph below, we do not accept any liability for any error or omission and exclude all liability for any action you may take or loss or injury you may suffer (direct or indirect including loss of pay, profit, opportunity or time, pain and suffering, any indirect, consequential or special loss, however arising) as a result of relying on any information on this website (including any articles posted by a third party) or provided through any Service supplied by us to you.
1. Definitions
In these terms and conditions, the following definitions apply:
1.5 “Services” means any information, video content, photos, articles and services ordered and/or provided by the Company through or via the Site and all services offered as part of the membership subscription or when viewed as a Visitor. Any electronic information supplied to you by the Company will constitute part of Service not a Product and any cancellation rights will apply and be interpreted accordingly.
1.6 “Products” means any products offered for sale on the Site.
1.7 “Site” means the babacool.net website, babacool.co.uk, babacool.yoga and all other sites operated by Babacool whether through that URL or otherwise.
2. Use of this Site Generally
2.1 You may use the Site for personal and lawful use and in accordance with these terms and you are not allowed to copy or use any material from the Site for any purpose including any commercial purpose including for selling any goods or services.
2.2 The intellectual property rights in all contents of the Site and supplied as part of the Products or Services, and in the Company’s brands trade marks and logos (“Materials”) are owned by the Company or its third party licensors. You acknowledge and agree that all Materials on the Site are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Site, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without the Company’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Site or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
2.3 You must not use the Site to post, upload or otherwise transmit material which is obscene or pornographic, threatening, menacing, racist, offensive, defamatory, infringing of any intellectual property or otherwise unlawful, to harass, stalk, threaten or otherwise violate the rights of others, to misrepresent your identity or status, to hack into this Site or any other related computer system, to make excessive traffic demands, deliver viruses or forward chain letters or similar materials that may reasonably be expected to inhibit other users from using and enjoying the Site or any other website or damage or destroy the reputation of the Company or any third party.
2.4 the Company accepts no obligation to monitor the use of the Site. However, the Company reserves the right to do so and to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. The Company will also, in its absolute discretion, fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
3. Your Personal Information
3.1 Usage of your personal information is governed by the Company’s Privacy & Cookies Policy, which forms part of these Terms and Conditions. In the event that the Company undergoes reorganisation or is sold to a third party, you agree that any personal information the Company holds about you may be transferred to that reorganised entity or third party and used in accordance with the Privacy & Cookies Policy.
3.2 The Company’s Privacy & Cookies Policy sets out how your personal data may be shared with third parties, including operators of loyalty schemes / rewards programmes under which you may collect points relating to Products and Services available through the Site.
4. Liability
4.1 You are referred to the important liability statement at the top of these terms and conditions. Subject to that statement you agree that your use of this Site, the Service is on an “as is” and “as available” basis. On that basis, except as expressly set out in these terms, the Company does not enter into conditions, warranties or other terms in relation to the Site, the Products or the Services (including any implied term relating to quality, fitness for a particular purpose) or any guaranteed or predicted result.
4.2 The Site includes links to external sites, e-mails and co-branded pages. The Company has included links to these sites and co-branded pages to provide you with access to information and services that you may find useful or interesting. The Company is not responsible for the content of these sites and pages or for anything provided by them.
4.3 Subject to the important liability statement, the Company is not liable for failure to comply with these terms and conditions due to any event beyond its reasonable control, including, without limitation, the input of incorrect information by you.
5. Suspension and Termination of Service
5.1 the Company may suspend the operation of the Site for repair or maintenance work or in order to update or upgrade the contents or functionality of the Site from time to time. Access to or use of the Site or any Sites or pages linked to it will not necessarily be uninterrupted or error-free.
5.2 the Company may terminate the Service immediately in the event you breach any of these terms and conditions or if you are late in paying or do not pay any sums due (including if the credit/debit card you use is not valid or does not work for another reason).
6. Contract Information
6.1 You may submit orders on this Site, for Services or for Products but no contract will exist in relation to the Services or Products until we (or one of our fulfilment partners) have confirmed to you by email the particulars of your order, the value of your order and the Products or Services (as applicable) you have purchased. Acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you when you are able to access the confirmatory email or receive notification that the order is complete. This will be without prejudice to your right to cancel as outlined in these terms and conditions and to your statutory rights as a consumer.
7. Our Online Bookings
These terms and conditions apply to bookings made on this site. These terms and conditions do not and shall not affect your statutory rights as a consumer. For further information about your statutory rights contact Citizens Advice (www.adviceguide.org.uk).
7.1 Purchasing your event – The purchase of classes, events, workshops, retreats and training (referred to as event(s) for ease) on this site is subject to availability and subject to acceptance by Babacool.
We use our best efforts to ensure that the prices displayed are correct. It is always possible that, despite our best efforts, some events on our site may be incorrectly priced. If we discover an error in the price of a booking you have made we will contact you to inform you of this error. You will have the option of continuing with the purchase at the correct price or cancelling your order. If we are unable to contact you using the contact details provided during the order process, we will treat the order as cancelled and notify you of the cancellation.
Certain events may not be appropriate for children and an age restriction will apply. Please note that where age restrictions apply you will need to bring proof of age – we will refuse entry to anyone who is, or appears to be, under the applicable age.
If we suspect that your booking has been made fraudulently we may cancel your booking.
7.2 Fees applicable to your booking – Fees may be payable for the purchase of the event. Details of all fees payable will be clearly set out during the purchase process. Fees may include a fee per person and/or a fee per order.
7.3 Confirming your booking – Your confirmation will be emailed to the email address registered during the ordering process. Please contact us within 24 hours of purchase if you have not received an email – +44(0) 7746679905.
When you receive your email please carefully check it as mistakes cannot always be rectified.
7.4 Requesting refunds – Bookings cannot be refunded or exchanged after purchase (unless the event has been cancelled, postponed or changed: see below).
If you have purchased additional items with your event then you can cancel any of these items and may be entitled to a refund. This does not apply to faulty or incorrectly supplied goods or services where your statutory rights are unaffected.
7.5 Cancellation, postponement, or changes to your event – Occasionally events may be changed, postponed, or cancelled. It is your responsibility to check that the event is going ahead as staged. All advertised times are subject to change.
If in our opinion material changes have been made to your event, you will be able to obtain a refund of the booking price from us.
If your event is postponed your booking will be valid for the rescheduled date. If you are unable to attend the rescheduled date you will be able to obtain a refund of the booking price.
If your event is cancelled, you will be able to obtain a refund of the booking price.
Refunds can only be made to the person who paid for the booking and will be made via the method of payment used in the sale.
We do not offer refunds if you are unable to attend, or on products marked non-refundable (such as deposits). Exceptions may sometimes be made at our discretion.
7.6 At the venue – Please ensure you arrive on time. Whilst every effort will be made to admit latecomers, admission cannot always be guaranteed.
Please keep your email receipt safe as you may be required to produce it to gain entry to the event.
If you have purchased an event using a concession you will need to bring proof of identity and concession entitlement to the venue to gain entry.
Recording is not permitted. By attending the event, you consent to filming and sound recording of the audience.
You shall not bring into the venue or display or distribute (whether for free or not) at the event any sponsorship, promotional or marketing materials.
If you are involved with abusive, threatening, drunken or other anti-social behaviour at the event, or are carrying offensive weapons or illegal or prohibited substances you may be refused admission to or ejected from the venue without compensation or refund.
7.7 If things go wrong – If there is a problem with your booking please contact us immediately and in any event before the event.
If you have experienced problems at the venue which are unrelated to your booking with Babacool, please contact the venue directly.
7.8 Our liability to you – Subject to the other provisions of these terms and conditions, Babacool shall not have any liability beyond the face value of the event purchased and shall not be liable for any loss of enjoyment or wasted expenditure. Personal arrangements including travel relating to the event which have been arranged by you are at your own risk.
8. Our Store Products
8.1 Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images. Although we have made every effort to be as accurate as possible, because some of our products are handmade, sizes, weights, capacities, dimensions and measurements indicated on our Website for these products have a reasonable tolerance of difference.
8.2 Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
DELIVERY & SHIPPING
8.3 Free UK delivery over £50. We offer free standard delivery applicable on UK Mainland orders over £50 only. Please note UK Mainland delivery excludes the Channel Islands.
8.4 Our delivery process. You can have your order shipped to you via your chosen delivery method.
(a) When you place an item in your shopping basket, you can use our delivery calculator to view the shipping cost. This way you know exactly how much you’re spending on delivery before you make any commitment to buy. Please ensure your delivery details and especially the delivery country is correct.
(b) We‘ll send you an email when your order is despatched and we use a signed for service for many orders, so it’s important that there is someone in to receive the goods. If this isn’t possible, we recommend you have it shipped to an alternative delivery address (such as your work, a friend’s or a neighbour’s house). We can’t deliver to PO Boxes or Packstation addresses. Delivery to hotel or business addresses will be at your own risk, please be sure to state your room number, dates of stay, extension number or department. Please note that delivery times quoted are for your guidance only and are not guaranteed. As we’re sure you know, nothing is 100% certain (especially when it involves the roads), and very occasionally the first class next day service may arrive later.
(c) If a delivery note expressing alternate delivery instructions is complied with and results in a lost parcel, any claim for compensation would be invalidated.
(d) If everything in your order is in stock, we’ll aim to send it out within a day or so. If something is out of stock, we’ll wait until we have everything here to send in one parcel (this is more economical and helps to keep our carbon footprint down), or we can split your order and send what we can right away, subject to extra shipping charges. We don’t automatically do this though – so let us know if you’d like us to.
(e) Once we have accepted your order we will deliver the goods to you no later than 30 days from acceptance unless we have notified you and agreed a longer delivery timeframe.
(f) We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
8.5 Delivery pricing & timescales
UK mainland (excluding the Channel Islands):
Free standard UK Mainland delivery on all orders over £75.00 (Up to 10kg)
Standard (Up to 5 working days) £5.00 (up to & including 2KG)
First Class (Up to 1 working day) £7.00 (up to & including 2KG)
Orders placed after 2.00pm will be despatched the following working day.
Weekends and public holidays are not considered working days.
Parcels over 2kg may be subject to additional shipping charges which will be confirmed with you before the order is processed.
European Union:
Small parcels (up 2kg) will be delivered by Royal Mail International Tracked taking up to 10 working days: £15.00
Larger parcels and those over 2kg will incur additional shipping costs which will be confirmed before the order is processed.
Rest of the World (includes Channel Islands, Norway & Switzerland
Please contact us on info@babacool.net for a quote.
8.6 Damaged, incomplete & undelivered orders
(a) My order was damaged in transit, what do I do?
We do our best to pack each order thoroughly and carefully, but on occasion parcels do arrive damaged. In these instances please sign for the parcel as DAMAGED and take clear photos of the parcel before you open it to inspect the contents. If you then find that the contents have been damaged or are missing, please call us within 5 working days so we can raise a claim with the couriers. We will require photographs in order to progress your claim. Although we may still be able to raise a claim after this time it may be rejected by the courier company. If you sign for a damaged parcel you are accepting delivery and we will not be liable for any goods that have been damaged or went missing during transit.
(b) I have an item(s) missing from my delivery, what do I do?
Firstly, ensure that your parcel was not damaged upon receipt. If it was, please follow the steps outlined above.
We will often wrap your items within blankets and in-between bolsters to ensure they are protected during transit, so please ensure that you open each and every parcel and remove everything from their boxes. If you discover that an item(s) is missing, email info@babacool.net ASAP to let us know or call 00 (44) 7746679905. Our aim will be to get you your missing item(s) immediately. The only reason we would not be able to resend a missing item from your order is if the item(s) are out of stock.
(c) Items shipped directly from a supplier.
Occasionally items we sell are shipped to you direct from our supplier, if this is the case you may receive your order in 2 or more parts. All products that are shipped out separately are clearly noted as such on our website. If you receive an incomplete order, please check your order to see if it contains one of these items.
(d) Mis-stated Inventory.
We work very hard to ensure our stock is correct, however sometimes things go wrong and what we think we have in stock is not what we have on the shelf. If our inventory is incorrect when packing your order, we will normally ship out the items that we do have in stock and cancel the unavailable item(s). In these instances, you will be notified via email the following day and refunded in full for the missing item(s). We will also get back in touch when the item is in stock again, should you wish to place a new order. We apologise in advance if this happens with your order.
(e) I’ve been waiting for my order and it hasn’t arrived, what do I do?
If you have not received your order 6 days after your despatch email (UK) or 11 days after your despatch email (EU) then please contact us via info@babacool.net or +44 (0) 7746679905 so we can raise an investigation. We will not consider claims for lost items or undelivered after 10 days from the date of the despatch email (UK) or 15 days from the date of the despatch email (EU). We aim to resolve investigations within 5 working days although on occasion this may take longer.
Occasionally orders are returned to us as undeliverable. An order could be returned for one of the following reasons:
(i) Incorrect address
If the address is incorrect, outdated or is rejected because it is a PO Box or Packstation, the parcel will typically be returned to us. We are unable to make address changes for parcels after they have left us. Please double-check the address carefully when placing your order. Should your parcel be returned to us, your order will be refunded less any shipping costs and an email sent to notify you. You will need to place a new order online.
(ii) Failed delivery attempts
Most of our carriers will make more than one attempt to deliver a parcel. If they find that they can’t successfully deliver your parcel it may be returned to us or left at a local depot for you to arrange collection. If not collected, the parcel will be returned to us. Should this happen, your order will be refunded less any shipping costs and an email sent to notify you. You will need to place a new order online.
(iii) Refused by recipient
When ordering a gift to be sent directly to the recipient, please be sure that they are aware. A gift recipient who isn’t expecting a gift may refuse a parcel if they believe it’s being delivered to them by mistake. Should this happen, your order will be refunded less any shipping costs and an email sent to notify you. You will need to place a new order online.
(iv) Illegible address
In rare cases address labels may become illegible in transit. If this happens a carrier will return the parcel to us. In these instances, we will reship free of charge.
(v) Damaged in transit
If a parcel is badly damaged while it’s on its way to you the carrier may return it without attempting delivery. In these instances, we will repack and reship free of charge.
8.7 When you become responsible for the goods. The product or products ordered will be your responsibility from the time we deliver the product to the address provided by you.
8.8 When you own goods. You own the Products once we have received payment in full.
8.9 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
(a) deal with technical problems or make minor technical changes
(b) update the product to reflect changes in relevant laws and regulatory requirements
ORDERS & RETURNS
8.10 Cancelling orders
Once you have completed your order at checkout it is immediately sent to us for processing and we are not able to stop orders after they have been placed. If you change your mind and decide you do not want your order and wish to cancel, you will need to return the whole order once it has been delivered to you.
In accordance with the Consumer Contract Regulations, you have 14 days from the first day that you receive the goods. Should you decide to return your whole order within 14 days we will refund you in full for the item(s) including the original shipping charge. If the order is shipped in more than one parcel the 14 days will apply from the date of delivery of the last item. Please note we only refund the standard delivery amount we do not refund First Class delivery charges. Your refund will be processed once the goods have been returned to Babacool. The Consumer Contract Regulations applies to EU countries only.
All postage and handling charges associated with returning the goods to Babacool are your responsibility.
IMPORTANT! You must email us here to notify us if you change your mind and wish to cancel your order. If you do not inform us that you are cancelling your whole order, we will treat any goods sent back to us as a return. It is in your best interest to make contact with us to help us give you the best possible service.
There are some products we cannot cancel or refund, such as Event Bookings and deposits for Yoga Retreats and Training.
8.11 RETURNS
We want all our customers to fall in love with their chosen items. However, if you’re unhappy with your purchase, please let us know as soon as possible and return the item(s) within 30 days of purchase.
Our returns address is: Babacool Returns, 9 Lockleys, Welwyn AL6 0BL.
All returned items must be in their original condition, unused, in the original packaging, with garment tags and any other security devices still attached.
The postage and handling of your return is your responsibility. Please ensure that you obtain proof of postage when sending your parcel back as we cannot be held responsible for any orders that do not arrive back to us. You may be able to claim compensation through your chosen return service if you have proof of postage.
Returns can only be refunded to the person who originally placed and paid for the order, and the refund can only be processed back to the same payment method. Refunds can take up to 14 days to be processed after receipt of the return.
There are some products that we cannot cancel or refund, such as made-to-order items, Event Bookings and Yoga Retreat & Training deposits.
8.12 Exchanges – We are not able to offer an exchange service for unwanted goods. This ensures that we can maintain high stock levels and keep an up-to-date inventory at all times. The quickest and easiest way for you to get exactly what you want in a different colour or size is to simply return the unwanted item and order another.
PRICE AND PAYMENT
8.12 Where to find the price for the product – The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
8.13 We will pass on changes in the rate of VAT – If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
8.14 What happens if we got the price wrong – It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
YOUR RIGHT TO END THE CONTRACT
8.15 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
(a) If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or to get some or all of your money back)
(b) If you want to end the contract because of something we have done or have told you we are going to do
(c) If you have just changed your mind about the product. You may be able to get a refund as outlined previously but this may be subject to deductions and you will have to pay the costs of return of any goods
8.16 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (d) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation.
The reasons are:
(a) we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
(b) there is a risk that supply of the products may be significantly delayed because of events outside our control;
(c) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 30 days; or
(d) you have a legal right to end the contract because of something we have done wrong
8.17 Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most products bought online, you have a legal right to change your mind within 14 days and receive a refund. These rights, under the Consumer Contracts Regulations 2013, are explained in more detail in these terms.
8.18 When you don’t have the right to change your mind
You do not have a right to change your mind in respect of:
(a) some products which we cannot cancel or refund, such as made-to-order items, Event Bookings and Yoga Retreat & Training Deposits
(b) products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them
(c) sealed audio or sealed video recordings, once these products are unsealed after you receive them; and
(d) any products which become mixed inseparably with other items after their delivery
8.19 How long do I have to change my mind? How long you have depends on how what you have ordered is delivered. You have 30 days after the day you (or someone you nominate) receives the goods, unless your goods are split into several deliveries over different days. In this case you have until 30 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
HOW TO END THE CONTRACT WITH US
8.20 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
Phone or email. Call +44 (0)7746679905 or email info@babacool.net. Please provide your name, home address, your order number, details of the order and, where available, your phone number and email address.
8.21 Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post them back to us at Babacool Returns, 9 Lockleys, Welwyn AL6 0BL or (if they are not suitable for posting) allow us to collect them from you. Please call +44 (0)7746679905 or email info@babacool.net to arrange collection. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.
8.22 When we will pay the costs of return – We will pay the costs of return:
(a) if the products are faulty, misdescribed or the order has been incorrectly fulfilled by us;
(b) if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do because of something we have done wrong
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
8.23 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below:
8.24 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way which would not be permitted in a shop. See section 6.4 Returns for information about what handling is and is not acceptable. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
(b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
8.25 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
(a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods if this has been caused by your handling them in a way that would not be permitted in a shop. See section 6.4 Returns for information about what handling is and is not acceptable. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
8.26 When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then and we have not offered to collect the products from you, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. For information about how to return a product to us see 9.2.
OUR RIGHTS TO END THE CONTRACT
8.27 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
IF THERE IS A PROBLEM WITH THE PRODUCT
8.28 How to tell us about problems. If you have any questions or complaints about our products or services, please email info@babacool.net.
8.29 Summary of your legal rights. We are under a legal duty to supply products that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the product. Nothing in these terms will affect your legal rights.
8.30 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection unless you are returning the products. Please call +44 (0)7746679905 or email info@babacool.net to arrange collection.
9. Summary of Your Key Legal Rights
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following:
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- up to 30 days: if your goods are faulty, then you can get an immediate refund.
- up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
- up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
Statutory Rights and Refunds
9.1 The rights of cancellation and refund and any limitation expressed in these terms and conditions do not affect your statutory rights as a consumer. Refunds in relation to Products or Services may only be credited to the credit or debit card originally used to make the purchase. If we are unable to put the refund through on this card for any reason, we will try to contact you to discuss alternative arrangements.
10. Our Responsibility for Loss or Damage Suffered by You
10.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights including the right to receive products which are: as described and match the information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and; and for defective products under the Consumer Protection Act 1987
10.3 We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11. General
11.1 Babacool may change these terms and conditions from time to time and will endeavour to notify you of any major changes by posting a message on the Site. By browsing the Site you are accepting that you are bound by the current terms and conditions. You should check these each time you revisit the Site. These terms and conditions form the entire understanding of the parties and supersede all previous agreements, understandings and representations relating to the subject matter. If any provision of these terms and conditions is found to be unenforceable, this shall not affect the validity of any other provision. The Company may delay enforcing its rights under these terms and conditions without losing them. You agree that Babacool may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations without giving you notice.
11.2 These terms and conditions shall be governed and interpreted in accordance with English law, and you consent to the non-exclusive jurisdiction of the English courts.
11.3 This Site and the Company are located in England and in case of any International orders, subscriptions or contracts, this Agreement shall be construed as being performed in England.
11.4 If you have any enquiries or complaints (about the Service or someone else’s use of the Site) then please address them to info@babacool.net.
11.5 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
12. Third-Party Contributions
12.1 Articles: Articles on this site may be submitted by third parties and Babacool is not able to confirm the accuracy or completeness of such content and is not liable for such articles. Again, this Site does not provide medical advice.
