Terms & Conditions
As a leading baby and smart's furniture provider, privacy and data protection are of the utmost
importance to Babios and its subsidiaries.
The below privacy policy for Babios ("Privacy Statement") details the company's policies with
respect to the handling of personally identifiable information submitted by the reader of this
Privacy Policy ("You") or otherwise collected by Babios via the company's website or in the
course of providing services to Babios customers.
Babios will use and disclose information only in accordance with the terms of this Privacy
Statement.
By accepting our Website Terms or by visiting www.babios.co.uk ("the Website") you are
accepting and consenting to the practices described in this Privacy Policy.
1. Definitions
"Carrier" means the delivery courier, carrier or transport company engaged by the Seller to
deliver the goods to the Buyer;
"Checkout "means the steps the Buyer must complete in order to complete an order and make
payment for the Goods;
"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act
1977;
"Contract" means the contract between the Seller and the Buyer for the sale and purchase of
Goods incorporating these Terms and Conditions;
"Goods" means the articles that the Buyer agrees to buy from the Seller;
"Payment Gateway" "means the method selected by the Buyer to pay for the Goods on the
Website";
"Price" means the VAT inclusive price stipulated for the Goods on the website at the time the
Buyer makes an order to buy the Goods;
"Shopping Basket" means the electronic Shopping Basket used on the Website to display the
Goods the Buyer wishes to buy;
"Made-to- Order Goods" means goods that have been made specifically to the Buyer's
specification. The Buyer will be notified that such goods are Made-to- Order prior to the Contract
being made.
"Terms and Conditions" means the terms and conditions of sale set out in this agreement and
any special terms and conditions agreed in writing by the Seller;
"VAT "means Value Added Tax at the current UK rate in force at the time the Buyer makes an
order or pays for the Goods;
"Website" means Babios website at http://www.babios.co.uk.
"We, Our, Us" means Babios Ltd (Company Reg: 10459905), that owns and operates Babios
website at http://www.babios.co.uk;
"You, Your" means the individual or organization who buys or agrees to buy the Goods from Us.
2. Conditions
Nothing in these Terms and Conditions shall affect your statutory rights as a Consumer.
These Terms and Conditions shall apply to all contracts for the sale of Goods by Us to You and
shall prevail over any other documentation or communication made between you and us.
Acceptance of delivery of the Goods shall be deemed conclusive evidence of your acceptance of
these Terms and Conditions.
Any variation to these Terms and Conditions (including any special terms and conditions agreed
between the parties) shall be inapplicable unless agreed in writing between you and us.
Any problems or queries should be sent to Babios Ltd, 1, Eley Estate, Thornton Road, London N18 3BA
or by email to support@babios.co.uk.
3. Description of products
Every reasonable effort is made to ensure that product descriptions are as accurate and up-to-
date as possible; however we reserve the right to amend, add or remove products at any time
without notice. Please note that all products are also subject to availability. If an order is placed
for an item which is not available, we shall contact you to advise of this and to discuss whether
you wish to amend or cancel your order.
Dimensions of products are provided to Babios by suppliers and are displayed by us in good
faith; however, these are for guidance only. Please measure the area into which the product will
be placed and any means of access to that place before placing an order. If your measurements
suggest that there is no ample clearance for the product, you should contact us for precise
dimensions before ordering, so that we can double check dimensions with the supplier.
PLEASE NOTE: We cannot provide refunds for products that do not fit into the required space;
this is why we request you contact us if you need precise measurements.
4. Ordering
All orders for Goods shall be deemed to be an offer by you to purchase Goods pursuant to these
Terms and Conditions and are subject to acceptance by us. We may choose not to accept an
order for any reason.
Except as set out below at 4.4 below, acceptance of your order will take place at the point we
dispatch the Goods to you. Before dispatch there is no Contract between You and Us.
In the case of Made-to- Order Goods, acceptance of your order takes place when we contact you
by email to confirm that your Order has been accepted. The Contract between You and Us will
be effective from this time. Please note that Made-to- Order Goods cannot be cancelled once we
have accepted Your Order.
Please note that we reserve the right not to accept any order made at any time before it is
accepted and without giving our reasons for non-acceptance. We shall endeavour to notify you
of non-acceptance as soon as reasonably possible.
5. Price and payment
The Price of the Goods shall be that stipulated on the Website at the point you confirm your
order. Please note however, whilst we shall make every effort to ensure that Prices are correct,
errors can sometimes occur. If such an error does occur we shall contact you as soon as possible
to inform you of the error and to give you the option of proceeding with the Order at the
correct Price or cancelling. The Price is inclusive of UK VAT but excludes delivery charges. The
total purchase price including VAT and delivery charges will be displayed in Your Shopping Cart
prior to confirming the order.
After the order is received we shall confirm by email the details, description and price for the
Goods together with information on any rights you may have to cancel if you are a Consumer.
Payment of the Price including VAT and delivery charges must be made in full before dispatch of
the Goods; however, unless the Goods are Made-to- Order, receipt by us of your payment does
not constitute acceptance of your Order and you are therefore free to demand a refund at any
point prior to Our acceptance of Your Order.
6. Payment options
Credit or Debit Card - using Sage Pay Secure Payment facility, which is fully PCI compliant and
validated by HSBC bank via security metrics third party company.
PayPal - using PayPal Secure Payment facility.
Cheque - UK cheques only.
Bank transfer; please contact us for bank account details support@babios.co.uk
7. Right of seller
We reserve the right to periodically update prices on the Website, which cannot be guaranteed
for any period of time. We shall make every effort to ensure prices are correct at the point at
which you place an order.
We reserve the right to withdraw any goods from the Website at any time.
We shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to
process an order.
8. Warranty
Except as already set out in clause 3.2 regarding the dimensions of products, we warrant that
the Goods will at the time of dispatch correspond to the description given by us. Except where
you are dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for
purpose, merchantability or condition of the Goods, whether implied by Statute, common law
or otherwise are excluded to the full extent permitted by the law, and you are satisfied as to the
suitability of the Goods for Your purpose.
9. Delivery
Goods can be delivered throughout the UK (and mainland Europe on special request).
The delivery charge will be displayed in Your Shopping Cart at the checkout.
We aim to deliver all Goods within the estimated times shown on the description page for each
product on the Website.
For all heavy and bulky Goods You will be contacted by the Carrier to arrange a convenient day
and time for delivery.
We shall use our reasonable endeavours to meet any date/time agreed for delivery; however
difficulties such as traffic congestion and weather conditions (snow, wind, ice, rain and flood)
can sometimes cause delays. In addition, permitted driving hours regulations may force these
delays to extend overnight or longer. In any event, time of delivery shall not be of the essence
and we shall not be liable for any losses, costs, damages or expenses incurred by you or any
third party arising directly or indirectly out of any failure to meet any estimated delivery date.
Delivery of the Goods shall be made to the main entrance door at your address as specified in
the Order and you shall make all arrangements necessary to take delivery of the Goods
whenever they are tendered for delivery. Please note that you shall be responsible for all
additional fees or costs, including storage and re-delivery fees, incurred by us as a result of any
failure by you to make the necessary arrangements.
If You have been informed by Us that your order has a 'White Glove Delivery' (for Goods that
are fully assembled or require part assembly) the Goods will be taken to the room and position
of your choice, unpacked and the packaging taken away for disposal. You will be required to
examine the Goods before signing the delivery document. Any flaws or damage must be noted
on this document and also reported to the delivery team. If no flaws or damage are recorded in
the delivery documentation We will be unable to accept a claim for replacing the Goods. If you
are unwilling to have the packages opened and do not wish to inspect the Goods whilst the
delivery team are present we will unfortunately be unable to accept any claims for damage or
flaws. If you ask someone to accept the Goods such as a concierge or neighbour then you must
make them aware that they are to inspect the Goods fully and record any issues on the delivery
document as they will be acting on your behalf. If there are flaws or damage recorded on the
delivery documentation you must contact Us by telephone or email (support@babios.co.uk) and
report it to us without delay. Please provide Us with photographic evidence of the issues that
you are reporting.
You warrant that delivery access is reasonable and suitable for the Goods ordered. If you think a
large vehicle may have difficulties reaching the address, this could be due to, for example, tight
corners, narrow roads, low trees, cables or building overhangs; please let us know in advance
and we can agree an alternative destination in advance. Please note that it is your responsibility
to ensure that the Goods purchased can pass through doorways, hallways, rooms and staircases
and that they are free from all obstacles. If you fail to disclose access problems prior to the
delivery being attempted, you shall be responsible for all additional fees or costs, including
storage and re-delivery fees, incurred by us.
Please make proper provisions to ensure that your property, including furniture, furnishings,
carpets and flooring are protected for the delivery to take place. The delivery staff is required by
law to wear protective footwear at all times. They are not allowed to remove footwear when
unloading the vehicle, gaining access to the property or carrying furniture into the property.
We do not accept responsibility or liability for any marks or damage that may have been caused
by delivery staff, to customer's property as a result of your failure to make proper provisions.
Title and risk in the Goods shall pass to you upon delivery of the Goods.
10. Refund policy
Damaged or otherwise Goods not in conformity with the Contract we endeavour to ensure that
you're Goods reach you in good condition; however damage can sometimes occur in transit. If
so we need to know about this as soon as possible. You will therefore be given the opportunity
to inspect the Goods upon delivery. Please inspect the Goods immediately upon delivery for
signs of damage and report this immediately to the delivery driver. Please also inspect the
Goods immediately upon delivery and satisfy yourself that the Goods match their description.
You shall be asked to complete the delivery documentation to indicate whether you wish to
accept the Goods; or if not your reasons why not, which should be noted on the delivery
documentation.
If your delivery is a "white glove" delivery for Goods which are fully assembled or require part
assembly You will be required to inspect the Goods whilst the delivery team are present and
note any flaws or damage on the delivery documentation. If You ask someone else to sign for
the Goods they will be doing so on Your behalf and must make a thorough inspection of the
Goods. If there are no flaws or damaged noted on the delivery documentation We will be
unable to accept a claim for replacement of flawed or damaged Goods.
If there are flaws and damage recorded on the delivery documentation. You must then contact
us by telephone or email (support@babios.co.uk) to report it to us without delay. Please
provide us with photographic evidence of the damage or flaws that You are reporting.
In the case of Goods which are self-assembly a full inspection is not required on delivery,
however please inspect the Goods within 48 hours of delivery and notify Us of any damage or
flaws. Where inspection is not possible upon delivery, please inspect the Goods immediately
after delivery and notify Us by email or telephone within 48 hours of delivery if the Goods are
damaged. Please provide Us with photographic evidence of any damage as this will ensure that
We are able to remedy the problem more promptly.
In the case of Goods which are self-assembly, please check that You have all parts specified in
the inventory provided and assembly instructions before you attempt assembly. If any parts are
missing or damaged or You do not have the assembly instructions you must contact Us before
You attempt assembly, by email or telephone as soon as possible with details of the missing
parts and, where appropriate, a photograph of the damaged part. Where appropriate we shall
send you a replacement part as soon as possible. Please note that we cannot provide refunds on
the basis solely that a part is missing or damaged. Please also note that we cannot give refunds
on self-assembly Goods which have been damaged by You during assembly.
We want you to be happy with your Goods so please try them out. It is important that you do
this as soon as reasonably possible. Please report any concerns you have to us as soon as
possible by telephone or email. If we do not hear from you within 14 working days from the
date the Goods were delivered you shall be deemed to have accepted the Goods.
Where you have the right to reject the Goods on the grounds that they are not in conformity
with the Contract (e.g. do not match description, not of satisfactory quality) and you exercise
that right, we shall be responsible for the recovery of the Goods from You. You shall be entitled
to a full refund (including delivery costs) or exchange if the Goods are found to be damaged,
defective or otherwise do not conform with the Contract when examined in our warehouse,
provided that the damage has not been caused by You.
Where you exercise the right to reject the Goods you must take care of the Goods until they are
returned to us. Please ensure that the Goods are returned with all parts and the original
packaging.
Any matter affecting the quality of the Goods which is specifically brought to your attention
before the Contract is made shall not give rise to a right to reject the Goods.
Please note that certain Goods, due to the materials used in their construction, their design and
finish, require particular care to be taken to ensure they retain their look and feel. Please ensure
that you follow these instructions in order that you get the best from your Goods. If these
instructions are not followed then we cannot be held responsible for any consequent loss in
quality you experience.
11. Cancellation & returns
Please note that Made-to- Order Goods (which are otherwise in conformity with the Contract)
are not cancellable. We will inform you if the Goods You has ordered are Made-to- Order.
Please also note that self-assembly Goods (which are otherwise in conformity with the Contract)
are only cancellable prior to assembly. Once the Goods have been assembled or partially
assembled we will not be able to accept cancellation of the Contract.
Except in the case of Made-to- Order or self-assembly Goods (please see clauses 10.1 and 10.2
above), which have been fully or partially assembled; if you are a Consumer you have the right,
in addition to your other rights, to cancel the Contract and receive a refund by informing Us by
email (to support@babios.co.uk) or by post to Babios, 1, Eley Estate, Thornton Road, London N18 3BA,
within 14 working days of delivery of the Goods.
Please note that, even after you have cancelled the Contract You must take reasonable care of
the Goods until they are received back by us. If you do not take reasonable care of the Goods
then we will have the right to recover our losses from you for any damage to the Goods whilst
they are in your care. Please retain all parts and the original packaging for the Goods for 14
working days from delivery so that if you decide to cancel the Contract the Goods can be
returned to us in their original packaging with all parts. Please note that it is your responsibility
to ensure that the Goods reach us safely so please take care of them whilst they are in your
possession and make sure they are adequately packaged and insured for the return journey.
Goods (including all parts) must be returned to us at your expense within 14 days of your notice
of cancellation and should be adequately packed and insured during the return journey. You will
receive a refund of all monies paid for the Goods (including delivery charges, but excluding any
additional charges for re-delivery) within 30 days of cancellation.
We cannot accept cancellation in situations including where the Goods have been damaged,
personalized, modified, or otherwise used in such a way as would make it impossible for them
to be returned to us in the condition in which they were delivered to you.
All returned goods must be sent to: Babios Ltd, 1, Eley Estate, Thornton Road, London N18 3BA. Goods to
be returned must clearly show our order number on the package. If you fail to return the Goods
to us or attempt to return the Goods to Us at Our expense, we have the right to recover any
losses we suffer from you.
Our contact number for After Sales enquiries is 0800 689 1923.
12. Limitation of liability
Except as may be implied by law where you are dealing as a Consumer, in the event of any
breach of these Terms and Conditions by Us, Your remedies shall be limited to damages which
shall in no circumstances exceed the Price of the Goods and We shall under no circumstances be
liable for any indirect, incidental or consequential loss or damage whatever.
Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal
injury resulting from our negligence or that of our agents or employees.
13. Wavier
No waiver by us (whether express or implied) in enforcing any of our rights under this contract
shall prejudice our right to do so in the future.
14. Force majeure
We shall not be liable for any delay or failure to perform any of Our obligations if the delay or
failure results from events or circumstances outside Our reasonable control, including but not
limited to acts of God, strikes, lock outs, accidents, war, fire, failure of any communications,
telecommunications or computer system, breakdown of plant or machinery or shortage or
unavailability of raw materials from a natural source of supply, and We shall be entitled to a
reasonable extension of Our obligations.
15. Severance
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable
for any reason by any court of competent jurisdiction such provision shall be severed and the
remainder of the provisions hereof shall continue in full force and effect as if these Terms and
Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
16. Changes to terms and conditions
We shall be entitled to alter these Terms and Conditions at any time but this right shall not
affect the existing Terms and Conditions accepted by you upon making a purchase.
17. Governing law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the law of
England & Wales and the parties hereby submit to the exclusive jurisdiction of the English &
Welsh courts.