Terms and Conditions

LANGUAGE

The language of the Terms and Conditions is English.

PLACING YOUR ORDER

Your purchase of any of the products offered on the Website (“Products”) is subject to these Terms and Conditions and by placing an order for any Product, you confirm that you have read these Terms and Conditions and agree to be bound by them. Before you place your order, you will be given the opportunity to review your selections, the information you have provided, the total price of your order and correct any input errors. Please note that Products in your shopping bag are not reserved and may be purchased by other customers until you have placed the order at checkout and received the order confirmation email. If prolonged inactivity causes your connection to the Website to fail, your selection of Products may be lost. In such case, you will be required to re-enter your selection of Products to the shopping bag.

ORDER CONFIRMATION

After submitting your order, we will send you an order confirmation e-mail acknowledging your order and including your order number, details of the Product or Products you have ordered from us, your payment details and delivery details. Please note that the confirmation e-mail is an acknowledgement that we have received your order and is not an acceptance of the order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy the Product(s) ordered. All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Proceed to payment" button, you enter into an obligation to pay for the Product(s).

ORDER ACCEPTANCE

Please note that all orders placed by you are subject to acceptance by us. We may, at our discretion, choose not to accept your order for any reason whatsoever without any liability to you. An order confirmation e-mail will be sent with all relevant information about your order.

The contract between you and us in relation to the Product(s) ordered (“Contract”) will only be formed when we send you either (a)the first proof, or (b)the shipping confirmation email if the items are not personalised. 

After entering into the Contract, we will be under a legal duty to supply you with goods that are in conformity with the Contract. Please note that the Contract will only relate to the Product(s) which have been confirmed in the shipping confirmation email. We will not be obliged to supply any other Product(s) which may have been part of your order until such Product(s) have been confirmed in a separate shipping confirmation email.

Please note that Babieskin + Kind Co does not guarantee that all Products presented on the Website are in stock or are available for purchase at the time of your order. If a Product is unavailable, we will contact you shortly, by phone or by e-mail.

PRODUCT INFORMATION

Babieskin + Kind Co goal is to describe the products at the Website as correctly as possible. However, please note that due to the colour settings of your computer, the colours of the products shown in the pictures on the Website can differ somewhat from their actual colours.

Babieskin + Kind Co cannot be held responsible for any such discrepancy. Any information on the Website regarding sizing of Products is included as a guide only. If you are in any doubt as to the size of any Product you require, we recommend that you contact us prior to placing an order.

PRICES

The prices and delivery costs shown on the Website may vary from time to time and Babieskin + Kind Co is not bound by the price until Babieskin + Kind Co has accepted the order by sending the shipping confirmation to you. If you have placed an order and the price has changed before we have accepted your order (by sending you the shipping confirmation), we will notify you by e-mail about the price change and give you the option to place a new order with the new price. If we are unable to contact you, your order will be processed inline with the original price paid. Babieskin + Kind Co always reserves the right to cancel any order prior to our acceptance of the order. Please also note that Babieskin + Kind Co may cancel the order even if it has been accepted by Babieskin + Kind Co under the condition that you realise or should have realised that the price information was incorrect. The delivery costs are shown in connection with the shipping methods at the checkout stage.

PAYMENTS

The following payments are accepted.

Credit cards and debit cards

Payment can be made by the following credit cards: Visa, Mastercard and American Express Payments can also be made by the following debit cards: Visa and Maestro. (Maestro and Visa Electron: please check with your bank to make sure your credit card is valid for online purchases).The purchases made with Visa and Mastercard are verified by a secure code. Please note that the funds will be reserved once you place the order using a credit or a debit card, however the amount will not be captured until we ship your order. We do our best to make the Website as secure as possible. All credit/debit card transactions on the Website are processed using Shopify Payments, a secure online payment gateway that encrypts your card details in a secure host environment. Payment will be debited and cleared from your account once your order has been shipped. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. If the issuer of your payment card refuses to authorise payment to Babieskin + Kind Co, your order will be cancelled. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for any charges or penalties which may be imposed by the payment provider as result of payment being processed in respect of your order.

Paypal

When selecting the PayPal option, you will be directed to the PayPal site to “Log In” and review the amount shown before clicking “Pay Now”. Once this transaction is complete, you will then return to the Website.

Invoice

Payment instructions are noted on the invoice. Orders will not be processed until full payment of the invoice has cleared. Please note that when invoice payment is chosen, your shipping address needs to be your registered residence.

DELIVERY

Your order will be fulfilled by the delivery date set out in the shipping confirmation email or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances, or from the date of the final approval. The delivery costs are shown in connection with the shipping methods at the checkout stage.

Your order will be delivered by Royal Mail to the shipping address you have indicated. We will change delivery supplier if we are unable to book your delivery with Royal Mail.

Products comprised within the same order cannot be delivered to different addresses. All orders are fully traceable on the Website by logging in to My account. Click “My Orders” and fill in the tracking number for updated information about your shipment. 

All orders are sent unassembled and flat to reduce the risk of damage during shipping. Some items require self-assembly. Tools, materials and adhesives are not included.

Shipping methods

We offer different shipping methods to meet your needs as further specified when you check out. Your order will be delivered to the delivery address within the United Kingdom you specify when placing your order. If your delivery address is geographically remote, for example certain outlying islands or other isolated locations, it is possible that we may not be able to deliver there. If that is the case, we will notify you before we accept your order. We reserve the right not to deliver to any country that is prohibited by applicable export laws. Orders cannot be delivered to PO Box or similar addresses. Please also note that you must comply with all applicable laws and regulations of the country for which the Product(s) are destined. We will not be liable for any breach by you of any such laws.

RISK AND OWNERSHIP

The Product(s) ordered will be at your risk from the time of delivery. Ownership of the Product(s) ordered will also pass to you on delivery, provided full payment of all sums due in respect of the Product(s), including any delivery charges, has been received.

CANCELLATION RIGHTS

Except in relation to certain Products, you are entitled to return the Product(s) you have purchased at any time before your order is delivered and up to 14 days afterwards, beginning on the day after your order (in its entirety) is delivered to you. In order to exercise your cancellation rights, you must inform us hello@babieskinandkindco.co.uk by means of an unambiguous notification (e.g. through letter sent by post, fax or e-mail) of your decision to return the Product(s), including your name, address and order reference. In order to receive a refund for the Product(s) you must return the Products and/or send the notification that you wish to return the Products within the 14 day period referred to above.
You will not have any right to cancel a Contract for the supply of the following Product(s):

• Perishable items;
• Audio and/or visual; recordings or computer software or hygiene-sealed items, in each case, where the sealed packaging has been opened; or
• Product(s) that have been personalised such having your initials on your Product(s) or having Product(s) made to your own bespoke specifications (if we offer such options);

unless such Product(s) were damaged or faulty when delivered to you or have been incorrectly delivered.

You must return the Product(s) to us within 14 days after the day of notifying us that you wish to return the Product(s). The returned Product(s) must be in the same condition in which you receive them (which does not interfere with your right to take any reasonable steps to examine the Product(s) and make sure they conform to your order). You have a legal obligation to take reasonable care of the Product(s) while in your possession. If you fail to comply with this obligation, we may have a right to deduct the cost of any deterioration (due, for example, to your having used the Product(s)), up to the price of the Product(s), from the refund to which you are otherwise entitled. We will refund all payments that we have received from you excluding the original costs of delivery. For such repayment, we will use the same means of payment that you have used for the initial transaction unless expressly agreed with you otherwise; in no case will we charge you any fees due to such repayment.

Shipping costs for reconsigning the products

Please note that you must pay the shipping cost for returning the products in accordance with your right of withdrawal and exchange and Babieskin + Kind Co has no obligation to pay such costs.

Returning the products

You are responsible for the costs of returning the Product(s) to us. You may return the products by any secure transport. Babieskin + Kind Co recommends using a signed for or trackable service. Cancellations are processed once the Product(s) has been safely received, and in good condition.

DEFECTIVE PRODUCTS

BABIESKIN + KIND CO'S QUALITY GUARANTEE

If you receive defective products, please notify us immediately. According to the Civil Act you are entitled to complain about defective products within one year. However, you must always notify Babieskin + Kind Co within a reasonable time after you have detected that the products are defective. If Babieskin + Kind Co consider the products to be defective, Babieskin + Kind Co will make a full refund including shipping costs.

COPYRIGHT PERMISSION NOTICE

Copyright in the documents provided in this site (including, without limitation, the trademarks of Babieskin + Kind Co, graphics, text, photos, designs, logos, icons, images, data and software) are owned by or licensed to Babieskin + Kind Co and its affiliates. You are authorised to use this material only for personal, non-commercial purposes. You may download, print and store copies of this material for your own personal, non-commercial use, provided this Copyright Permission Notice is included in all such copies. You may not charge anyone for use of the material and you may not publish, duplicate or otherwise distribute the material to others without prior consent from Babieskin + Kind Co. You may not modify the material in any way, without the prior written permission of the copyright owner. Except as expressly stated in this legal notice, no rights or licenses to the material, or any portion thereof, shall be granted or implied.

For press inquiries, please view our contact pages.

PRIVACY POLICY

Please see Babieskin + Kind Co’s separate Privacy Policy detailed below.

SECURITY

Babieskin + Kind Co use Secure Socket Layers (SSL), the industry standard in transferring information to process your orders. Babieskin + Kind Co online shop secures communications by encrypting all data to and from the site. When placing an order, you can immediately check the security validity by clicking the Padlock icon in the browser bar. For security reasons, we do not store any payment information in our database.

RESALE POLICY

You may purchase products on www.babieskinandkindco.co.uk for personal use only and not for resale. By placing an order on www.babieskinandkindco.co.uk, you certify that you are purchasing products for your own personal use and not for resale and that you accept the Terms and Conditions. We reserve the right to refuse orders for any reason without explanation.

INFORMATION ON THE WEBSITE

Babieskin + Kind Co cannot promise that the content of the site is free of inaccuracies or typographical errors. Neither can we guarantee that all information is up-to-date. Babieskin + Kind Co may, at any time, amend the content of the site. Although Babieskin + Kind Co strives to display the correct texts, images and pricing on the site and online shop, errors may occur. Part of the services provided through the site are provided by third party operators. In situations where Babieskin + Kind Co acts as agent for such services, we cannot be held responsible for any errors resulting from their activities. Babieskin + Kind Co cannot be held responsible for any damage caused from using the site or, for that matter, not being able to use the site. Babieskin + Kind Co cannot guarantee problem-free, uninterrupted, and secure access to the site.

LINKS

The Website may contain links to other websites beyond our reach. We assume no liability for content or privacy practices of such sites.

VIOLATION OF RULES

Babieskin + Kind Co reserves the right to seek all solutions available to us against violations of these Terms and Conditions, including the right to block access to the site.

LIABILITY

Nothing in these Terms and Conditions shall limit or exclude our liability to you:

• for death or personal injury caused by our negligence;
• for fraudulent misrepresentation;
• for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
• under Part I of the Consumer Protection Act 1987; or
• for any other liability that, by law, may not be limited or excluded

Subject to this, if you are a consumer and not a business customer, in no event shall we be liable to you for any business losses, and if you are a business customer, in no event shall we be liable to you for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer arising from any Contract shall not exceed the purchase price of the relevant Product(s) and is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Subject to the above, we will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under any Contract that is caused by events outside our reasonable control, including war, civil war, revolution, riot, governmental measures, strike, lockout, blockage, failure of electricity, telephone or internet service, natural disasters or similar events.

PROVISIONS SEVERABILITY

If any part of these Terms and Conditions are held to be invalid or unenforceable, such determination shall not invalidate any other provision of these Terms and Conditions; instead the invalid terms and conditions shall be replaced with other terms in order to give effect to the commercial intentions of these Terms and Conditions.

GENERAL

You may not transfer or assign any or all of your rights or obligations under any Contract. All notices given by you to us must be given in writing to the address set out at the end of these terms. We may give notice to you at either the email or postal address you provide to us when placing an order. If we fail to enforce any of our rights, that does not result in a waiver of that right. These terms may not be varied except with our express written consent. These terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract. We are required by law to advise you that Contracts may be concluded in the English language only and that no public filing requirements apply. The European Online Dispute Resolution platform provides information about alternative dispute resolution which may be of interest.

GOVERNING LAW

These Terms and Conditions shall be governed by English law, except that[(if you are a consumer and not a business user) and if you live in Scotland or Northern Ireland, there may be certain mandatory applicable laws of your country which apply for your benefit and protection in addition to or instead of certain provisions of English law. You agree that any dispute between you and us regarding these Terms and Conditions or any Contract will only be dealt with by the English courts, except that (if you are a consumer and not a business user) and if you live in Scotland or Northern Ireland, you can choose to bring legal proceedings either in your country or in England, but if we bring legal proceedings, we may only do so in your country.

CONTACTING US

Please submit any questions you have about these terms or an order you have placed or ordering in general, or any complaint or concern in relation to any Product ordered by email to hello@babieskinandkindco.co.uk.

2. Who is responsible for the processing of your personal data?

(“Babieskin + Kind Co”"We""Us"), is the controller of your personal data. Babieskin + Kind Co's selected suppliers may process your personal data on Babieskin + Kind Co's behalf and in accordance with Babieskin + Kind Co's instructions as stated below and are thereby processors of your personal data. You may contact us at any time, please find our contact details below.

Phone: 07793 223976
E-mail: hello@babieskinandkindco.co.uk

3. Categories of data processed, purpose and legal basis for processing

3.1 GENERAL

Below is a summary of the categories of data that we process, the purposes of processing the data and on what legal basis we are processing your data. 

3.2 CUSTOMERS

3.2.1 DATA COLLECTED WHEN SHOPPING ONLINE

Contact details: When you purchase a product online, Babieskin + Kind Co will process your contact details for the following purposes; (i) to process purchases/orders and returns, exchanges and complaints; (ii) to communicate with you regarding the purchases and to answer and administer any questions or comments that you may have regarding Babieskin + Kind Co’s products or services. The legal basis is that the processing is necessary in order for us to be able to fulfil our contractual obligations to you under the purchase agreement.

Previous purchases and returns: Babieskin + Kind Co will also process data regarding your contact details and previous purchases and returns online (product, price and date of purchase) during 36 months after the purchase. The information will be processed for the following purposes:

Administering returns and complaints. The processing is based on our legitimate interest to provide our members with speedy and efficient service after the purchase.

Allowing you to keep track of your purchases and returns by logging into your account. The legal basis is that the processing is necessary in order for us to be able to fulfil our contractual obligations to you.

Credit card details: If you make a purchase online and chose to pay by credit card, you will provide your credit card information on the website for the purpose of making payment for the purchase. The legal basis is that the processing is necessary in order for us to be able to fulfil our contractual obligations to you under the purchase agreement. 

3.2.2 DATA COLLECTED WHEN USING BABIESKIN + KIND CO'S WEBSITE SERVICES

Babieskin + Kind Co will store information regarding your recently viewed items when browsing Babieskin + Kind Co’s website. This will allow you to keep track of your recently viewed items, by logging into your personal account. The legal basis for this is that the processing is necessary in order for us to be able to fulfil our contractual obligations to you and in our legitimate interests of providing you with the products and services that interest you, to generate Babieskin + Kind Co's business and grow revenue as well as understand our customers better. We will retain your data for as long as necessary for this purpose.

3.2.3 NEWSLETTER SUBSCRIBERS

If you have subscribed to one of our newsletters, we will use your contact details to send out such newsletter. The legal basis for this processing is your consent. The newsletters will be sent to you until you unsubscribe to the newsletter service.

3.2.4 CUSTOMER SERVICE

If you have contacted Babieskin + Kind Co regarding a complaint, return or question, the e-mail or chat conversation will be stored for as long as it is necessary to administer your matter, including following up on the matter within 12 months. Depending on the nature of the matter for which you are contacting us, the legal basis may be that our processing is necessary for us to be able to fulfil our obligations under the purchase agreement, or that we have a legitimate interest of being able to communicate with individuals who contact our customer service.

3.2.5 ANONYMISED DATA

It can be noted that we may also use anonymised data for our internal marketing and demographic studies to analyse, profile and monitor customer patterns in order for us to be able to improve our products and services.

3.2.6 CONSENT AND WITHDRAWAL

By purchasing or receiving our products/services, you confirm that you have read and understood the content of this privacy policy. Where the legal basis for the processing of your personal data is your consent, you agree to Babieskin + Kind Co’s processing of your personal data in accordance with the provisions herein. Should you wish to object to, or withdraw your consent, to any of our processing, please contact us at hello@@babieskinandkindco.co.uk. Please note, however, that your withdrawal will not affect our right to process your data when such processing is necessary to perform our contractual obligations to you, and/or to the extent we are required to process your data by law or to defend ourselves in a dispute, to prevent fraud or abuse, or to enforce our Terms and Conditions. If you withdraw your consent to any consent-based processing, we will cease all such processing.

4. Does Babieskin + Kind Co share your information with others?

Babieskin + Kind Co does not sell or rent our customer’s personal data to any other entity.

We may share your data with affiliated companies, joint ventures, franchisees and licensees. The legal basis for the processing is that it is necessary for Babieskin + Kind Co’s performance.

Babieskin + Kind Co may also share your data with selected suppliers who perform functions on our behalf such as printing orders and delivery of orders, processing payments, carrying out promotional services or data management, to maintain our website, to distribute e-mails, to send out our newsletter, to provide client communications and to manage our customer database. As necessary, the personal data you provide to us may be processed by these third parties, solely on Babieskin + Kind Co’s behalf and in accordance with Babieskin + Kind Co’s instructions as data processors. We do not authorise any of our suppliers to make any other use of your personal data.

5. Transfer outside of the EU/EES

We may share your data with our selected suppliers, who may process your data in countries both inside and outside of the EU/EES when performing functions on our behalf as set out in section 4 above.

Please note that countries outside of the EU/EEA may not provide an adequate level of protection for your personal data. Babieskin + Kind Co has however taken appropriate safeguards to ensure that the receiving parties of your data in countries outside of the EU/EEA shall provide an adequate protection of your data. Such safeguards may be that the receiving party has joined the Privacy Shield (if the receiving party is a company established in the United States) or that the receiving party has signed so called standard data protection clauses adopted by the EU Commission. Please contact us at hello@@babieskinandkindco.co.uk if you want further information on what safeguards have been taken and if you want a copy of such safeguards.

6. Your data subject rights

In this section 6, we have summarised your data subject rights to request access, portability, rectification, erasure of your personal data, to restrict the processing of your personal data, to object to processing, and your right to lodge a complaint with the supervisory authority.
If you want to exercise your rights, please send us an email at hello@@babieskinandkindco.co.uk. Please note however that if you want to lodge a complaint with the supervisory authority, you need to contact the authority directly.

Notwithstanding anything to the contrary herein, Babieskin + Kind Co reserves the right to keep and process your personal data in accordance with this policy to the extent necessary to perform our contractual obligations to you, and to the extent we are required to process your data by law or in order to defend ourselves in a dispute, to prevent fraud or abuse, or to enforce our Terms and Conditions.

Right of access
You have the right to obtain confirmation of whether personal data concerning yourself are being processed and, where that is the case, access to the personal data and information regarding, inter alia, the purpose of processing, the categories of personal data concerned, the categories of recipients to whom your data have been or will be disclosed, and the envisaged period of time for which personal data will be stored (or the criteria for determining this).

Right of rectification
You have the right to request rectification of inaccurate personal data concerning yourself, and to complete incomplete data.

Right of erasure
Under certain circumstances you are entitled to request that we erase your personal data or restrict our processing of your data, namely in the following events.
When it is no longer necessary for us to process your data taking into consideration the purposes for which it was collected.
When our processing is based on your consent and you have withdrawn your consent, and there is no other legal basis for the processing of your data.
When our processing of your data is based on a legitimate interest legal basis and you object to such processing, and there is no overriding legitimate ground for our processing.
When you have objected to our processing of your data for direct marketing purposes.
When your personal data has been unlawfully processed.
When the personal data must be erased for compliance with a legal obligation that applies to us.
When the personal data collected concerns a child (under 13 years of age) in relation to the offer of information society services.

Right to objection - direct marketing and profiling
You have the right to object at any time to our processing of your personal data for direct marketing purposes, which includes profiling to the extent that it is related to such direct marketing. If you object to our processing of your personal data for direct marketing purposes, including profiling, we will cease such processing of your data.

Data portability
If our processing is based on your consent or if the processing is necessary for our performance of a contract with you, you have the right to request that the data which you have provided to us shall be provided to you in a structured, commonly used and machine-readable format and you also have the right to transmit such data to another controller.

Right to lodge a complaint with supervisory authority
Please note that if you consider the processing of your data to be in violation of applicable data protection laws, you have the right to lodge a complaint with a supervisory authority, in particular in the Member State of your habitual residence or the place of the alleged infringement.

7. How do I unsubscribe from Babieskin + Kind Co's newsletters and emails?

If you do no longer wish to receive our newsletters or other emails, you can unsubscribe as indicated in the particular communication, i.e. by using the unsubscribe link which is included on all newsletters and other emails. You may also contact us at hello@@babieskinandkindco.co.uk.

8. How long do we keep your data?

We will retain your personal information for as long as necessary in relation to the purposes for which the data was collected or otherwise processed. Under section 3 above, we have specified the retention time, or the criteria for determining the retention time, for our processing of data in relation to the different purposes the data is being processed. In addition to the retention time stated under section 3 above, please also note the following:

We will retain your personal information as necessary to comply with applicable legal obligations, to resolve disputes, and to enforce our agreements. Statutory obligations to retain data further remain unaffected.

9. Is it mandatory to provide personal data?

When you purchase our products online, or sign up for a membership with Babieskin + Kind Co, we will inform you which data is mandatory by marking certain fields with a symbol (*). The provision of mandatory data is necessary for Babieskin + Kind Co to be able to fulfil our contractual obligation to you, for example processing your order, or fulfilling the membership services requested by you.
When you purchase our products in our physical stores, you do not have to provide any personal data. Please note however that if you chose to receive a digital receipt, it is mandatory that you provide your e-mail address or otherwise we will not be able to send you the digital receipt.

10. Children's privacy and legal purchase age

Babieskin + Kind Co does not wish to collect personal information from anyone under the age of eighteen (18). If you are under eighteen (18), we require that you inform and get your parents’ or guardians’ consent before purchasing anything or provide any personal data to us at babieskinandkindco.co.uk or any other website related to Babieskin + Kind Co.

11. Cookies

We use cookies on our website. Please see our separate policy for cookies, which you can find on our website.

12. Modifications

Babieskin + Kind Co reserves the right to occasionally make changes to our privacy policy or practices. We will post the updated policy on our website, and thus we encourage you to review this page from time to time.

Last updated: July, 2023