Terms of service


OVERVIEW

Welcome to Babo Bambo! The terms “we”, “us” and “our” refer to Babo Bambo. Babo Bambo operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Babo Bambo is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy . If you do not agree to these Terms of Service or our Privacy Policy, you should not use or access the Services.

Important consumer rights notice: Nothing in these Terms limits or excludes any rights you may have under applicable mandatory consumer law, including applicable laws of the European Union and the Netherlands.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country or region of residence, or that you are the parent or legal guardian of a minor and consent to such minor using the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all account activity under your account. You may not transfer, sell, assign or license your account to any other person without our prior written consent.

We reserve the right to refuse service, suspend, or terminate accounts where permitted by law, including where we reasonably suspect fraud, abuse, or violation of these Terms.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide an accurate representation of our products and services in our online store. However, please note that colors, textures, and product appearance may differ from how they appear on your screen due to your device type, display settings, and configuration.

We do not guarantee that the appearance of products as shown online will be exactly identical in all respects to the delivered products.

All product descriptions and pricing are subject to change at any time without notice, at our sole discretion, to the extent permitted by law.

We reserve the right to discontinue any product at any time and to limit the quantities of any products we offer to any person, household, geographic region or jurisdiction on a case-by-case basis.

Nothing in this section affects your mandatory legal rights in relation to products that are faulty, not as described, or otherwise non-conforming under applicable consumer law.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. We reserve the right to accept or decline any order, to the extent permitted by law.

Your order is not accepted until we send you an order confirmation or otherwise confirm acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it. We may be unable to accommodate cancellation or change requests after an order has been accepted, except where required by law.

If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at checkout.

Your purchases are subject to our Return & Refund Policy and Shipping Policy 

Unless otherwise agreed in writing, purchases made through the store are for your own personal or internal business use and not for unauthorized resale, redistribution, or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice.

The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation, subject to correction of obvious errors.

Unless otherwise expressly stated, posted prices may not include taxes, shipping, handling, customs duties, import charges or other fees, which may be added at checkout or charged by relevant authorities.

Prices shown in our online store may differ from prices offered in other sales channels or by third parties.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made through the Services. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

By submitting payment information, you represent and warrant that:

  1. the payment information you provide is true, correct and complete;

  2. you are duly authorized to use the selected payment method;

  3. charges incurred by you will be honored by your payment provider; and

  4. you will pay the charges incurred at the posted prices, including applicable taxes and shipping fees.

SECTION 5 - SHIPPING AND DELIVERY

Shipping and delivery times shown on the website or at checkout are estimates only unless expressly stated otherwise.

We are not responsible for delays caused by carriers, customs processing, incorrect address details provided by the customer, or events outside our reasonable control.

Risk of loss or damage does not pass to consumers in a way that limits mandatory legal consumer protections. If you are a consumer, your statutory rights regarding delivery, risk, and non-delivery remain unaffected.

Additional terms relating to processing times, delivery, failed deliveries, and shipping charges are set out in our Shipping Policy 

SECTION 6 - INTELLECTUAL PROPERTY

The Services, including but not limited to all trademarks, trade names, branding, logos, text, displays, images, graphics, video, audio, software, and the design, selection and arrangement thereof, are owned by Babo Bambo, its affiliates, licensors, or content suppliers and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only, unless otherwise agreed in writing.

You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from the Services without our prior written consent, except as permitted by applicable law.

Except as expressly provided in these Terms, nothing grants you any license or rights under any patent, trademark, copyright, or other intellectual property rights of Babo Bambo, Shopify, or any third party.

Unauthorized use of the Services may violate intellectual property laws and other applicable laws.

Babo Bambo names, logos, product and service names, designs and slogans are trademarks of Babo Bambo or its licensors. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools that we neither monitor nor control.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement.

We shall have no liability arising from or relating to your use of optional third-party tools, to the extent permitted by law.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features and/or tools through the Services. Such new features and/or tools shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials or hyperlinks to websites, content, or functionality provided by third parties.

We are not responsible for examining or evaluating the content, accuracy, policies, or practices of any third-party materials or websites.

If you choose to access third-party websites or services, you do so at your own risk.

We are not liable for any harm or damages related to your access to or use of third-party websites, or your purchase or use of products, services, resources or content on third-party websites.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]

Babo Bambo is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Babo Bambo. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Babo Bambo, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Babo Bambo.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: https://babobambo.com/policies/privacy-policy.

Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify and third parties that assist in providing services to us and to you.

By using the Services, you acknowledge that you have read our Privacy Policy and understand that certain processing may also be carried out by Shopify in accordance with Shopify’s applicable privacy terms and notices.

SECTION 11 - FEEDBACK, REVIEWS AND SUBMISSIONS

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a non-exclusive, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for the purpose of operating, improving, marketing, and promoting our Services and products.

You represent and warrant that:

  1. you own or have all necessary rights to the Feedback;

  2. your Feedback does not infringe any third-party rights; and

  3. your Feedback complies with these Terms and applicable law.

We are under no obligation to:

  1. maintain Feedback in confidence;

  2. pay compensation for Feedback; or

  3. respond to Feedback.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine in our reasonable discretion to be unlawful, infringing, abusive, obscene, misleading, or otherwise objectionable, or that violates these Terms.

You are solely responsible for the Feedback you submit and its accuracy.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate, at any time, including after you have submitted an order.

We are not obligated to update, amend, or clarify information in the Services except as required by law.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services, directly or indirectly:

  • for any unlawful, fraudulent, or malicious purpose;

  • to violate any applicable laws or regulations;

  • to infringe our intellectual property rights or those of others;

  • to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate;

  • to submit false or misleading information;

  • to transmit spam, unsolicited promotions, chain letters, or similar communications;

  • to impersonate another person or entity;

  • to upload or transmit viruses or malicious code;

  • to scrape, crawl, spider, data-mine, or otherwise extract data from the Services without authorization;

  • to interfere with or circumvent security features of the Services or related systems; or

  • to engage in conduct that restricts or inhibits any person’s use or enjoyment of the Services, or may harm Babo Bambo, Shopify, or users of the Services.

We reserve the right to suspend, restrict, or terminate access to the Services where we reasonably believe you have violated these Terms or applicable law.

SECTION 14 - TERMINATION

We may terminate or suspend your access to the Services (or any part thereof) at any time, where reasonably necessary, including for violations of these Terms, suspected fraud, abuse, or security concerns.

You remain liable for all amounts due up to and including the date of termination.

The following sections survive termination to the extent applicable: Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any provisions that by their nature should survive termination.

SECTION 15 - DISCLAIMER OF WARRANTIES

To the maximum extent permitted by law, the Services and all products and content made available through the Services are provided on an “as is” and “as available” basis, except where we have expressly stated otherwise.

We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

The information presented on or through the Services is made available for general information purposes only. Any reliance you place on such information is at your own risk.

Nothing in these Terms excludes or limits any statutory warranties, legal guarantees, or other rights that cannot be excluded or limited under applicable law, including consumer rights under EU or Dutch law.

SECTION 16 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, Babo Bambo, its directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of revenue, loss of savings, loss of data, or replacement costs, arising from or related to your use of the Services or products purchased through the Services.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Services or products purchased through the Services shall be limited to the amount paid by you for the relevant product or service giving rise to the claim.

Nothing in these Terms excludes or limits liability for:

  • fraud or fraudulent misrepresentation,

  • death or personal injury caused by negligence where such liability cannot be excluded,

  • gross negligence or willful misconduct where exclusion is not permitted, or

  • any liability that cannot be excluded or limited under applicable law.

SECTION 17 - INDEMNIFICATION

To the extent permitted by law, you agree to indemnify, defend and hold harmless Babo Bambo, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors and service providers from and against claims, losses, damages, liabilities and expenses (including reasonable legal fees) arising out of or related to:

  1. your breach of these Terms or documents incorporated by reference;

  2. your violation of applicable law; or

  3. your infringement of any third-party right.

We will notify you of any such claim as reasonably practicable. We reserve the right to control the defense and settlement of such claim, and you agree to cooperate in the defense.

This section does not apply to consumers to the extent prohibited by applicable law.

SECTION 18 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected.

SECTION 19 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with any policies or rules posted by us on the site (including our Privacy Policy, Return & Refund Policy, and Shipping Policy), constitute the entire agreement between you and us regarding your use of the Services and supersede prior or contemporaneous communications and proposals, whether oral or written, except as otherwise required by law.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT

You may not assign, transfer, or delegate these Terms or any rights or obligations under them without our prior written consent.

We may assign, transfer, or delegate these Terms, in whole or in part, provided that doing so does not reduce any mandatory consumer protections that apply to you.

SECTION 21 - GOVERNING LAW AND JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Netherlands.

If you are a consumer residing in the European Union, you also benefit from any mandatory provisions of the law of your country of residence that apply and cannot be derogated from by agreement.

Any disputes shall be submitted to the competent courts of the Netherlands, unless mandatory consumer law provides otherwise.

SECTION 22 - HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page.

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to our website.

Where required by applicable law, we will notify you of material changes and specify when such changes take effect.

Your continued use of or access to the Services after the effective date of any changes constitutes acceptance of those changes, except where applicable law requires a different form of consent.

SECTION 24 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

info@babobambo.com

Our contact information is:

Babo Bambo
Email: info@babobambo.com
Address: Grondelstraat 72, 6833DV Arnhem, The Netherlands
Chamber of Commerce (KVK): 92216153
VAT Number: NL865938076B01