1. You and us In this agreement "you"
are the customer and "we" are Babytravelling. 2.The contract between us
2.1 We agree to hire out the equipment to you subject
to availability and as specified in a confirmatory email or letter that we
shall send to you upon receipt of your order (which we refer to in paragraph
2.2 Unless an agreement between You and Babytravelling has been reached, the payment is subject to
the following conditions. The payment occurs at the end of the renting period.
However, in some cases Babytravelling may require
payment in advance.. You shall make your payment by
credit or debit card, cash or bank transfer, although we reserve the right to
allow payment by other means at our discretion. Nontheless,
for orders outside Barcelona,
unless otherwise stated in our website, Babytravelling
will require advanced payment via bank transfer. 2.3 Yourorder
is consideredacceptedonceyouhavereceivedane-mailfromBabytravellingconfirmingyourordernumber.This fact that brings into existence a legally binding
contract between us. When the material is to be
delivered the payment of the deposit should take place, either in cash or
providing us with your credit card details (including passport number)
offers a 24hour renting period from the moment the equipment is delivered.
deposit & delivery/pick up charges
3.1 The price payable for the equipment that you order
is as set out in our website.
3.2 In addition, unless an agreement between You and Babytravelling has been reached, we require you to pay a
refundable deposit of an amount as set out in our website (see also clause 7
below). Unless otherwise stated in our website, for orders outside Barcelona,
the deposit is to be “paid” indicating the credit card and passport details,
preferably on the phone, and providing Babytravelling
with a written authorization to use them in case it would be necessary.
3.3 Delivery Charges: for deliveries outside Barcelona,
please get in touch with us for prices and conditions. (see
also clause 6 below).
3.4 Unless otherwise stated, all prices stated in the website are inclusive of
any VAT payable. 4. Right for you to cancel or amend your
4.1 You may cancel your contract with us free of
charge at any time up to twenty-four hours before the start of the hire period.
You may cancel your contract with us after this time and prior to delivery,
although we reserve the right to charge a cancellation fee of up to 50% of the
4.2 Please note that unless we agree otherwise you will not be entitled to
cancel your contract with us once the hire period has begun.
4.3 You may amend your contract with us free of charge at any time up to
twenty-four hours before the start of the hire period. You may amend your
contract with us after this time, though we do reserve the right to charge an
amendment fee of up to 50% of the price payable.
4.4 To cancel your contract with us in accordance with
these terms and conditions you must notify us in writing (firstname.lastname@example.org).
Such notification will only be valid once it has been received in working hours
4.5 To amend your contract with us you must notify us in writing as described
in clause 4.4 above, or by telephone. Any amendments to your contract with us
must be agreed by us in writing. 5. Cancellation by us
5.1 We reserve the right to cancel the contract between us at any time before
5.1.1 we have insufficient stock to deliver the equipment you have ordered;
5.1.2 we do not deliver to your area (see clause 6.4); or 5.1.3 one or more of
the items of equipment you ordered was listed at an incorrect price due to a
typographical error or an error in the pricing information received by us from
5.2 Once you have been notified by us that we are cancelling
your contract in accordance with the above terms and conditions, any sum
debited to us on your credit or debit card will be re-credited to your account
as soon as possible and in any event within 30 days of the cancellation of the
contract between us. 6. Delivery of equipment to you
6.1 We shall deliver the equipment to the address you
specify in your order.
6.2 We shall make delivery at a mutually convenient time stated in the e-mail
of order confirmation. You are responsible for ensuring that an appropriate
person is available at the delivery address to receive the goods. If no one is
at the address when the delivery is attempted we shall retain the equipment. We
shall leave notification of delivery and will telephone you to attempt to
rearrange the delivery but in such instances we reserve the right to deliver
late and to charge you for our additional delivery costs.
6.3 We shall collect the equipment at the end of the hire period at a mutually
convenient time stated in the e-mail of order confirmation.
6.4 We aim to deliver to all addresses in Barcelone
as well as those addresses located 30Km distance from Barcelone.
However we reserve the right not to deliver outside this area and to charge
additional delivery costs if we do decide to deliver outside this area. 7. Return of deposit
7.1 Provided the equipment is returned to us on the
last date of hire in the same condition as you received it (with allowance for
fair wear and tear) and the payment has occurred we shall refund to you the
full deposit amount you have paid. If the equipment is returned to us late and
this is your fault or the payment has not occured, we
shall be entitled to retain the deposit and we also reserve the right to charge
additional amounts that we consider reasonable until the time you return the
equipment to us.
7.2 If the deposit amount does not cover all of the costs incurred by us in
repairing or replacing the equipment then we reserve the right to require you
to pay us an additional amount to meet the costs of repair/replacement. 8. Your responsibilities
8.1 You shall have the following responsibilities:
8.1.1 to check the equipment upon delivery to ensure that it is not damaged, it
is in good working order and it is fit for the purpose for which you intend to
use it. If this is not the case you must notify us immediately and we shall endeavour to replace the equipment within 24 hours;
8.1.2 to carefully read the instructions that we shall supply with the
equipment prior to its use and to follow the instructions at all times whilst
using the equipment;
8.1.3 to take care of and ensure the safekeeping of the equipment;
8.1.4 to use the equipment in a safe and sensible manner and in accordance with
both the purpose for which it was supplied and the manufacturers instructions. 9. Liability
9.1 If the equipment we deliver is not what you
ordered or is damaged or defective we shall have no liability to you unless you
9.2 Babytravelling will not be liable to you for any
indirect or consequential loss, damage or expenses (including loss of profits,
business or goodwill) howsoever arising out of any problems you notify to us
under this condition and we shall have no liability to pay any money to you by
way of compensation other than to refund to you the amount paid by you for the
equipment in question.
9.3 Notwithstanding the foregoing, nothing in these terms and conditions is
intended to limit any rights you might have as a consumer
under application local law or other statutory rights that may not be
excluded nor in ant way to exclude or limit our liability to you for any death
or personal injury resulting from our negligence. 10. Events beyond our control
We shall have no liability to you for any failure to deliver equipment you have
ordered or any delay in doing so or for any damage or defect to equipment
delivered that is caused by any event or circumstance beyond our reasonable
control including, without limitation, strikes, lock-outs and other industrial
disputes, breakdown of systems or network access, flood, fire explosion or
accident. 11. Property All equipment supplied to you shall at all times
remain the property of Babytravelling.
12. Privacy You acknowledge and agree to be bound by the terms of
13.1 Except for our affiliates, directors, employees or representatives, a
person who is not a party to this agreement has no right to enforce any term of
13.2 The contract between us shall be governed by and interpreted in accordance
with Spanish law and the Spanish courts shall have jurisdiction to resolve any
disputes between us.
13.3 These terms and conditions, together with our current website prices,
agreement relating to the supply of the equipment to you by us. Nothing said by
any sales person on our behalf should be understood as a variation of these
terms and conditions or as an authorised
representation about the nature or quality of ant good offered for sale by us.
Save for fraud or fraudulent misrepresentation, we shall have no liability for
any such representation being untrue or misleading.
13.4 If any part of these terms and conditions is unenforceable (including any
provision in which we exclude our liability to you) the enforceability of any
other part of these conditions will not be affected.