WEBSITE TERMS AND CONDITIONS
In these Terms and Conditions ‘us’ means Bababogie© Limited incorporated in England company number 08315489 and registered office at Tower Bridge Studios, 12- 18 Sampson Street, Wapping, London E1W 1NA.
1. You, the consumer, by accessing this Website, have agreed to be bound by the terms and conditions set out below.
2. You agree that in the event of any dispute of any nature that may arise between you and us, these terms and conditions shall be governed by and construed exclusively in accordance with the law of England and Wales and the Courts of England shall have exclusion Jurisdiction over the contract between you and us.
3. You understand and accept that to the fullest possible extent permitted in law, we accept no responsibility for any loss or damage or injury caused to you or your hardware or software whether we cause such loss or injury directly or indirectly.
COPYRIGHT AND PLAGIARISM
4. You acknowledge and will respect all copyright and other intellectual property rights we own or may own in the look and feel of the Website and its contents including any sounds, music, text, graphics, data, stills, photographs and moving images AND to the extent relevant IN THE PRODUCTS SOLD to You via this website. Such intellectual property rights shall include all registered and unregistered intellectual property rights of any type or nature including trademarks and community marks. You further agree that you will not infringe our copyright by any method or manner now known or as may exist in the future.
5. In the event that you buy any goods or services using our Website you will be bound by these Terms and Conditions and such terms as are notified by us to you on the Invoice that you will be sent once you have confirmed your order as indicated on the Website¬ or on the Purchase Invoice itself.
6. In the absence of any Invoice being sent by us to you, the terms will be as specified within these terms and conditions or those specified on the Website itself concerning the price of the goods, the methods of acceptable payment¬ and the timing of such payments, and the requirement by you to pay such additional carriage and freight charges as may be specified on the Website.
7. We have no responsibility to supply to you any goods or services as may be advertised for sale or supply on our Website. When you place the order for goods or service¬s, you are making a legal offer to us, which we may or may not decide to accept. A legally binding contract will exist between us when you receive written confirmation from us (by e-mail or otherwise) that confirms your order.
8. In the event of any discrepancy between the terms and conditions specified or highlighted on the Website, and these terms and conditions, and or such terms and conditions¬ as are specified in the Invoice, the prevailing terms will be those most favourable to us.
9. No terms agreed between us will be varied unless such a variation has been agreed by us in writing. However, we reserve the right to supply to you goods that are not exactly those you ordered, but are of an equivalent type and quality, at the same or less price than those you ordered. If you are supplied with goods at a lesser price than those you ordered and paid for, we will reimburse you with the difference.
CANCELLATION AND RETURNS: GOODS
10. You may return such goods as are supplied by us to you provided: you return the goods to us within 7 days of receipt by you; the goods are returned unopened and in their original packaging; the goods are returned at your expense to the return address specified on the Invoice or howsoever notified by us to You; the goods are in no worse a condition than when they were supplied to you by us; the goods are not of a type specified, or are supplied in circumstances as being “non-returnable”. If these conditions are met we will refund you for the amount you originally paid for the goods within 30 days from the date we provably receive the goods back from you.
CANCELLATION AND RETURNS: SERVICES
11. You may cancel an order for the supply of services by us to you within 7 days from the day you made payment provided we have not incurred any identifiable costs as a result of your order and the nature of the services intended to be supplied are not of a type specified by us or by law, as being exempt from cancellation. You confirm that such requirements as need to be met by us under The Consumer Protection (Distance Selling) Regulations 2000 (S.I. No 2334) have in fact been met. If these conditions are met we will refund you the amount you originally paid for the supply of the services within 30 days from the date we received notice of cancellation.
12. In the following circumstances goods shall be treated as being “non-returnable”: where the price of the goods was dependant on fluctuations in the financial market outside of our control; where the goods have been at your request personalised; where the goods by their nature cannot be returned or are likely to deteriorate or expire rapidly (e.g. perishable food); all audio or video recordings or computer software if the seal has been broken or tampered with in any way; goods which by their nature for hygienic reasons cannot be resold once returned including ear rings, body studs and undergarments; newspapers, periodicals and magazines.
NON CANCELLATION OF SPECIFIED SERVICES
13. The order from you to us for the supply of services cannot be cancelled in the following circumstances: where the price of the supply of the service was dependant on fluctuations in the financial market outside of our control; where the order from you to us was for gaming, betting or lottery services; where the request for the service¬ required us to incur costs at your request prior to the cancellation period (in which case you will only be refunded for only the difference between the costs we incurred and the payment made by you to us for service); where the supply of the service was for a particular service on a specific date or within a specified period; the service is automatically exempt from cancellation under EU law.
OWNERSHIP OF THE GOODS AND RISKS
14. You will own the goods once they have been paid for and sent by us to you, and you will therefore be responsible for all risks of whatever nature that arise once the goods have been dispatched in good order by us to you. You are advised to take out adequate insurance cover for such eventualities.
RIGHTS OF THIRD PARTIES
15. This agreement is between you and us and not any third party, and this agreement is not intended to confer any rights of any nature upon any party other than you and us and our legal associates.
PRIVACY AND DATA PROTECTION
16. We agree to be bound by any prevailing law, judgement, directive or Statutory Instrument that imposes upon us restrictions concerning the use in any manner of confidential information supplied by you to us including credit card or bank details, any user name and or password supplied by you to us, and other details relating to your personal and financial circumstances.
17. However, we reserve the right to trade with any third party details relating to the date of your purchase, the nature of the goods or services you bought, the method by which and how much you paid for the goods or the services.
18. As a result of accessing our Website a “cookie” has been stored on your web browser that enables us to provide restricted information to third parties. If you wish to remove the cookie or check that the information stored is accurate please refer to the Internet options on your Internet Explorer, Netscape Communication or other such system that serves the same function.
COMMUNICATIONS FROM US TO YOU
19. If you have any queries or concerns relating to our Website or our products or services¬ or these terms and conditions please forward your query to the following email address: firstname.lastname@example.org
20. If you do not wish to receive unsolicited information about future products or services¬ from us, then please inform us in the manner specified on our Website or email us as indicated above simply stating: UNSUBSCRIBE.
COMMUNICATIONS FROM YOU TO US
21. If our Website facilitates you sending us information, images, comment or data of any nature by email or otherwise which is then displayed on any notice board, open discussion forum or similar communally accessible and interactive site, you must ensure that such material is not defamatory or offensive, untrue, racially offensive or an incitement to racial hatred or otherwise in breach of an individual’s right to privacy or Human Rights or actionable in law in any jurisdiction.
22. In the event that you do post such material on our Website, such consequences that may directly or indirectly follow will be entirely your responsibly and not ours, and you agree to indemnity and hold us harmless from any action or consequences that may arise in such circumstances.
23. In the event that we receive any material from you that in our view (whether reason¬able or unreasonable) is potentially actionable or otherwise objectionable, we reserve the right to withdraw the material without notice or reason, and without giving¬ rise to any claim by you against us for so doing.
24. All information that you supply to us under any circumstances shall be to the best of your knowledge and belief, true and accurate, and not misleading in any manner.
25. Please take full responsibility for your own security and do not under any circumstances disclose your bank details, credit card details, your personal user name or password or other such information to any other person unless you are confident that the information will not be misused.
26. Please also ensure that you do not leave your personal computer unattended while it is in operation unless it is safe to do so, and be aware that public forums and chat rooms are often used by people as a means of exploiting others and obtaining personal¬ information about you.