Terms and Conditions & Privacy Policy
Terms and Conditions - Privacy Policy
Terms and Conditions
BAABUK is registered with the Swiss Chamber of Commerce under the name: BAABUK Sàrl, UniverCité, Chemin du Closel 5, 1020 Renens, Switzerland
This agreement applies as between you, the User of this Website and Baabuk
Sàrl(“Baabuk”), the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of
acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Goods” means any products that Baabuk advertises and / or makes available for sale through this Website;
“Baabuk” means Baabuk Sàrl, UniverCité, Chemin du Closel 5, 1020 Renens, Switzerland as registered with the Swiss Chamber of Commerce;
“Service” means collectively any online facilities, tools, services or information that Baabuk makes available through the Website either now or in the future;
“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” Means our place(s) of business located at UniverCité, Chemin du Closel 5, 1020 Renens, Switzerland;
“System” means any online communications infrastructure that Baabuk makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Website and is not employed by Baabuk and acting in the course of their employment; and
“Website” means the website that you are currently using (http://baabuk.ch), our International site (http://baabuk.com), and any sub-domains of this site (e.g. subdomain.baabuk.com) unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by an Adult.
3. Business Customers
These Terms and Conditions do not apply to customers buying Goods in the course of business.
4. International Customers
If Goods are being ordered internationally, import duties and taxes may be incurred once your Goods reach their destination. Baabuk is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Baabuk cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Baabuk, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Switzerland and International intellectual property and other laws.
5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Baabuk
6. Third Party Intellectual Property
6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
8. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Baabuk or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
9. Links to this Website
Those wishing to place a link to this Website on other sites may do so with the express permission of Baabuk. To find out more please contact us by email at info@baabuk.com
10. Use of Communications Facilities
10.1 When using the contact form or any other System on the Website you should do so in accordance with the following rules:
communications made to us or using our System.
11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.
12. Termination and Cancellation
13. Goods, Pricing and Availability
PostFinance / Name: Baabuk Sarl / IBAN: CH35 0900 0000 8911 5452 1 / Account: 89-115452-1 CHF / BIC: POFICHBEXXX.
13.9.1 Payment by bank transfer must be made within 5 working days following the order. After this period of 5 working days, if full payment has not been registered, the availability of the ordered items is not guaranteed.
14. Delivery and Shipping
15.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 14 days to arrange collection and return. Baabuk is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
15.6 Baabuk reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
16. Privacy
16.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the appropriate link above.
17. Disclaimers
18. Changes to the Service and these Terms and Conditions
Baabuk reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Baabuk is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
20. Limitation of Liability
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Baabuk.
24. Communications
25 Disputes
25.1 In the event you have a complaint regarding a product or service purchased from Baabuk please contact us at info@baabuk.com.
26. Law and Jurisdiction
These Terms and Conditions and the relationship between you and Baabuk shall be governed by and construed in accordance with the Law of Switzerland and Baabuk and you agree to submit to the exclusive jurisdiction of the Courts of Switzerland.
Privacy Policy
Baabuk Sàrl (“Baabuk”) (“We/Us/Our") are committed to protecting and respecting your privacy and data.
This policy, along with our Terms of service and any other documents referred to on it, sets out the basis on which any personal data We collect from you, or that you provide to Us, will be processed by Us.
YOUR DATA CHOICES
If you want to manage your preferences or unsubscribe from emails that we send to, you can do this:
1) using the unsubscribe link in the footer or Our Emails.
2) by email to Our team at info@baabuk.com
3) by using Our contact form at https://baabuk.ch/pages/contact-us
You may unsubscribe from email communications at any time. However, we do need to send you some emails, e.g. order confirmation, shipping confirmation, or replies to emails or contract forms that you send to Us.
If you want to Contact us with a question or to exercise your rights, you can contact us by email to info@baabuk.com.
We’re an online business and we use online advertising to find and update customers.
Some of Our ads may be specific to you, e.g. if you visited Our website and left a
product in your cart. Many of Our ads are not specific to you; they may target broad groups of people to whom you may belong, or they may be untargeted.
If you don’t want to see Our ads, we recommend using third-party ad tools, platform-specific controls, and/or modifying your browser privacy options to remove cookies.
YOUR DAA
We use your data to provide Our services to you. The basis for processing your data varies; this is described below. We use your name, address(es), email address(es) and other contact details to:
1) deliver your order; this is part of Our contract
2) provide information about your order, e.g. order or delivery updates; this is part of Our contract
3) check that your purchase or order is ok; this is for your and Our interest
4) detect and prevent fraud; this is for your and Our interest
5) send you information about Our products and services; this is with your consent as part of an opt-in and you can opt-out or unsubscribe from these messages
6) send you discounts, promotions or surveys; this is with your consent as part of an opt-in and you can opt-out or unsubscribe from these messages
7) understand Our sales and product performance; this is for your and Our interest
8) comply with Our legal obligations, e.g. paying taxes to the relevant country and
maintaining records of that tax
We use your payment data to
1) make payments and refunds; this is part of Our contract
2) detect and prevent fraud; this is for your and Our interest
We use emails and message that you send to Us to
1) provide Our services to you; this is part of Our contract
2) detect and prevent fraud; this is for your and Our interest
3) train Our team; this is for your and Our interest
We use your checkout and order details to
1) provide Our services to you; this is part of Our contract
2) understand Our sales and product performance; this is for your and Our interest
We use data from your visits to Our website to
1) provide Our services to you; this is part of Our contract
2) understand Our sales and product performance; this is for your and Our interest
3) detect and prevent fraud; this is for your and Our interest
4) personalize the site for you, e.g. to select currency or shipping options; this is for your and Our interest
5) show advertising to you following visits to Our website; this is for your and Our
interest.
Our site may, from time to time, contain links to and from the websites of Our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
CHILDREN
We don’t sell products for purchase by children. We sell children's products for
purchase by adults. Those under 18 are not permitted to use our services and we would recommend requesting assistance from a parent or guardian.
HOW WE PROCESS YOUR DATA
1) Generally, we use your details as-is, e.g to put your address on your parcel or to process a payment
2) Wherever possible, we use only some of your details and do so in a reduced or an anonymized form, so that it does not identify you, e.g. to analyze Our sales or develop new products
COOKIES
We use cookies when you visit Our website for these reasons
1) functionality - these make the site work, e.g. moving between pages, storing items in your cart
2) analytics - these help us understand how people use Our website so that we can improve your experience
3) preferences - these make the experience better, e.g. storing your selected currency
4) advertising - these are used to show you ads and also to stop you from seeing ads; we use these to measure Our advertising performance.
You may block cookies via settings in your browser. You may not be able to use all functionality on Our website if you do this.
SECURITY
We design Our systems with your security and privacy in mind.
1) We use SSL technology to secure your data when in transit.
2) We do not process your payment details directly; this is handled by our e-commerce platform and the relevant payment service provider who comply with the Payment Card Industry Data Security Standard (PCI-DSS).
SHARING YOUR DATA
We use services and suppliers to enable Us to provide Our services. As such, we need to share your data with other businesses; these are as follows:
1) Any of our subsidiaries who may provide parts of Our overall services.
2) companies who deliver Our packing, delivery, returns, customs services.
3) companies who enable Us to run the business such as Our e-commerce platform, payment services, customer services, advertising platforms, technical service providers.
4) companies who provide credit reference, fraud detection, and fraud prevention
services.
5) e-commerce platforms for which we fulfill orders of Our products.
In the event that We sell or buy any business or assets, We may disclose your personal data to the prospective seller or buyer of such business or assets. If Baabuk ells all of its assets are acquired by a third party, personal data held by Us will be one of the transferred assets.
We may be under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply Our terms and conditions or to protect the rights, property, or safety of Baabuk, Our customers, or others.
We may provide your data in an anonymized form to third parties to enable analysis or improvements to Our services.
SHARING YOUR DATA OUTSIDE THE EU
We use suppliers who are not based in the EU to provide Our services and so your data will be transferred out of the EU. We work with these suppliers on the basis of data protection mechanisms such as standard contract clauses or certification frameworks such as Privacy Shield.
YOUR RIGHTS
You have various rights; these are as follows. “Your Data Choices” above describes how you can contact Us or exercise these rights:
1) the right to be informed - we do this via the policy as updated from time to time
2) the right of access
3) the right to correct inaccurate data
4) the right to have your data erased - this applies in certain circumstances
5) the right to limit processing of your data
6) the right to data portability
7) the right to object
8) rights in relation to automated decision making and profiling.
LIMITATIONS ON YOUR RIGHTS
We will enable you to exercise your rights wherever possible. There are limitations on this, e.g. timing of your request. We will store your data in order
to provide Our services including any service after delivery of your order. We will store your data in order to meet legal or regulatory requirements. We will not erase data where an order is open, a chargeback is possible or a return is possible.
REGISTRATIONS AND ADDRESSES
BAABUK is registered with the Swiss Chamber of Commerce under the name: BAABUK Sàrl, UniverCité, Chemin du Closel 5, 1020 Renens, Switzerland
CHANGES
Any changes We may make to Our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to Our privacy policy.
Questions, comments, and requests regarding this privacy policy are welcomed and should be addressed in writing to the Privacy Compliance Officer at Our trading address above or by email to info@baabuk.com.
UPDATES
This version of Our privacy policy is dated 23rd July 2018.