Terms of sale - BABYPOD

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Terms of sale

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The Legal Notice posted in this Website identifies the owner, as established in article 10 of the Spanish Information Society Services and E-Commerce Law, and it contains information about our personal data protection policy.

The products offered in this site are consumer products, and so the sales-purchase agreement is established as soon as the client issues express confirmation of the order. For this reason, MUSIC IN BABY, S.L. recommends you carefully read the legal notice and these conditions of sale before confirming the order.

This agreement is signed in accordance with the legal framework established for E-Commerce by Spanish Information Society Services and E-Commerce Law 34/2002, taking into consideration Spanish Law 7/1996 of the 15th of January, on the organisation of retail trade, Spanish Law 7/1998 of the 13th of April on general contracting conditions, Spanish Royal Legislative Decree 1/2007 of the 16th of November, approving the revised text of the Spanish General Consumers and Users Defence Law and Law 3/2014 of the 27th of March.

Product Characteristics

The characteristics of the products offered in this website are shown on the screen next to their visual identification.

PRICES

The prices posted in the website at the time of placing the order will apply. The product price is shown next to each product.

The prices shown to the End Customer include all applicable taxes and transport costs in all EU countries. For countries outside the EU, the End Customer will pay all customs duties (if any) and part of the transport costs which vary, depending on the destination. The shipping costs associated with Babypod product deliveries to end customers, provided the delivery is made within the EU, expressly excluding the Canary Islands, Melilla and Ceuta, will be paid by Music in Baby S.L. A breakdown of the transport costs will be given in the invoice.

The prices shown in the www.babypod.net website may be changed at any time without notice to users. Notwithstanding the above, in sales of products or services to Users the prices and conditions in force at the time of placing the order will be respected.The prices shown in the www.babypod.net website may be changed at any time without notice to users. Notwithstanding the above, in sales of products or services to Users the prices and conditions in force at the time of placing the order will be respected.

Procedure for Placing the Orders

Select the articles you are interested in and indicate the number of units. Then click on the Babypod purchase button to add them to your shopping cart. You can see the content of the cart at any time, including the articles selected, their price, taxes and shipping costs. You can also correct, change or cancel the products selected at any time in the same window before submitting the order.

When you have finished choosing the products, press the “End purchase” button.

If you are registered as a User, you must give your credentials, or your e-mail and your personal data.

Once your data have been confirmed, you must accept the Legal Notice and General Conditions of Sale.

As the last step, choose the payment method and you will be rerouted to the payment gateway.

After completing the process, an e-mail will be sent to you confirming your purchase.

Minors under the age of 18 are not allowed to place orders.

Monitoring the Order

After placing the order, it will be filed in a manner that allows it to be accessed via the Internet until its delivery.

Confirmation of Receipt of the Order

Every time the company receives an order, an e-mail will be sent confirming receipt no later than 24 hours after receiving the order.

Payment Methods

Babypod offers Users its product which they can order by completing the different forms shown during each phase of the process, with the express acceptance by Users of these General Conditions and all terms and conditions applicable to the product ordered. The purchase process ends on completing and sending the form and entails full acceptance by the user of the commercial proposal of Music in Baby S.L.U. and the applicable conditions. Music in Baby S.L.U. will keep an electronic copy of that purchase for its files.

Payment of the product price will be made using any of the following methods:

PAYMENT BY CREDIT OR DEBIT CARD

Visa, Visa Debit, Visa electron or Mastercard. Customers can choose to pay by credit or debit card, which means that the operation will be confirmed as soon as the order has been placed.

PAYPAL

EPayment through this platform will be made in accordance with the operating process of this firm and Customers consent to the processing of their data as specified in its privacy policy.

Returning of Products and Withdrawal Conditions

In accordance with the provisions of article 71 of Spanish Royal Legislative Decree 1/2007, (General Consumers and Users Defence Law), the buyer may return the goods in the same conditions as they were delivered no later than fourteen calendar days after receiving them.

The above is understood to exist in the event that the Babypod product supplied contains original or manufacturing faults or vices either because the box has visible signs of external damage or because the elements inside it are damaged or some are missing. The End Customer should contact Music in Baby S.L.U. no later than one (1) business day after receiving the Babypod product to process its replacement with another identical product or otherwise, based on the decision of Music in Baby S.L.U, receive the respective price refund in the manner described below.

The User will send an e-mail to info@musicinbaby.com reporting the incident. Music in Baby, S.L.U. will contact the User to arrange the return and replacement of the faulty Babypod product or, based on the decision of Music in Baby S.L.U, the respective price refund.

End Users may exercise their right to withdraw from the purchase of the Babypod product provided this is not considered one of the exceptions defined by the law, that the product seal has not been broken and the product has not been used and that they have complied with procedure defined below within fourteen (14) calendar days after receiving the product, in accordance with all of the following formalities:

Users will send an e-mail to info@musicinbaby.com indicating as the subject matter WITHDRAWAL. Music in Baby S.L.U will contact the user to validate the return of the product to Music in Baby S.L.

End Users will send the products in perfection condition, unused and with their seals intact and in their original packaging. The Babypod product must be correctly protected for shipping using the packaging provided by Music in Baby S.L.U over the original packaging (box or carry bag), to prevent damage to the same and the return number assigned by Music in Baby S.L.U. and notified to the Users will be written on it, including all the documentation the user is asked to include during the withdrawal process. Only returned products with their original packaging intact, including the seal, and which have not been damaged or used by the User will be accepted. It is important for the User to return the products correctly packaged, with the original invoice/purchase note and a copy of the e-mail to Music in Baby S.L.U. (Spain), Att. Atención al cliente – Postventa (To the attention of the Customer Service-Aftersales Service Dept.), C/Potasi s/n – Polígono Industrial Can Albareda – 08755 Castellbisbal, Barcelona. The return number assigned must be written on the exterior of the package.

After receiving the articles by registered post in our warehouses and checking that the above conditions have been met and that the End Users have incurred no liability for damages to the Babypod product, we will refund the purchase price. The price refund will be made within fourteen (14) calendar days after the receipt by Music in Baby S.L.U. of the product in the conditions set forth in this Clause by a refund to the credit card, in both cases deducting the costs of returning and shipping the product.

In the event of damage to any of the product components as established above, or breach of the procedure set out in this section on returns and withdrawal conditions and liability on the part of the End User, the withdrawal will not apply and Music in Baby S.L. will return the Babypod product to the End User and charge all costs incurred in so doing to the End User.

Shipping Costs, Delivery Terms and Transport

SHIPPING COSTS

These costs are set out in the invoice. In the event of returning the goods (article 44 of the Spanish Law on the Organisation of Retail Trade), the costs will be paid by the customer.

Once the sales process has been completed the order will be shipped to the address given by the User and delivered by a standard courier service or transport agency. The order must be received by the User in person or a person authorized by the User who must accredit their identity by presenting their national identity document (or any equivalent document) and sign the delivery note.

DELIVERY TERM AND TRANSPORT

Babypod will deliver the order within the terms indicated below from the date of formalizing the order.

Deliveries to Mainland Spain: 2/3 business days.

Deliveries to the Canary Islands, Balearic Islands, Ceuta and Melilla: we cannot guarantee exact delivery deadlines due to possible Customs Inspections.

Deliveries to EU countries: 2/3 business days.

Deliveries to countries outside the EU: terms subject to Customs.

It is understood that the User has withdrawn from the contract if they are not present at the designated address (and if the address is incomplete, inexistent or incorrect for that User) during either of the two (2) attempts to deliver the order and if it is not collected during the next fifteen (15) calendar days after the subsequent notification by the haulage firm to the User from the second unsuccessful attempt to deliver the order by the respective transport agency. After that term, once the product has been returned to Music in Baby, S.L.U. the User will receive a price refund less the respective costs of returning the product.

In cases in which the order volume entails a reduction in available stocks or the absence of stocks, the customer will be given a new delivery term which will be as early as possible. In the event that the product is removed from the catalogue or it is not possible to replace stocks of that product, the customer will be informed so that they can select a new product with similar characteristics and a similar price or cancel the order, in which case the amounts paid will be refunded. In the event of a delay of more than 10 days with respect to the delivery date, the customer may request a refund of the amounts paid.

Pricing policy

Music in Baby, S.L.U. reserve the right to change the prices of the products offered through this website. The prices advertised at the time of formalising the order will be applied to guarantee that the customer pays the indicated price.

Warranties

Pursuant to the Spanish General Consumers and Users Defence Law, if the product is not compliant with the contract, the Consumer and User may either have the product repaired or replaced free of charge, unless either of these options is objectively impossible or disproportionate in economic terms. Music in Baby, S.L.U. undertakes to respond for all quality faults for two years after delivery.

In the case of faulty products, Music in Baby, S.L.U. will either repair or replace the product free of charge for the Consumer and User.

The Consumer and User will inform Music in Baby, S.L.U. of any quality fault within two months of becoming aware of it, by sending an e-mail to info@musicinbaby.com. Music in Baby, S.L.U. will respond and give the customer a return number and describe the procedure for returning the product. The product must be returned with all its accessories.

Liability

Music in Baby, S.L.U. and its directors, agents or employees will not be held liable for losses not caused by any breach by them such as business losses (including loss of profit, income, the incurring of unnecessary costs, loss of reputation, contracts, foreseen savings, data or clientele) and all indirect losses that are not foreseen within reason at the time when the contract was entered into by the parties.

It will not be held liable for any delay or breach of its obligations if that delay or breach is due to circumstances beyond its reasonable control.

Without prejudice to the foregoing, our liability is not limited or excluded in the event of (i) fraud or falsehood, (ii) death (iii) personal damage attributed to negligence or wilful actions by us and negligence or wilful actions by our agents or employees, (iv) any case in which the limitation or exclusion of liability is illegal or illicit.

The terms of this clause will not affect any legal rights that correspond to you as a Consumer and User, or your right to withdraw from the Contract.