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Terms & Conditions

 

 

We welcome you to www.missbaby.com (hereinafter missbaby.com) Access to Missbaby.com and its use, as well as the purchase of Missbaby.com products, pre-supposes the reading, knowledge and acceptance of these General Conditions.

 

The offer and sale of products through our site missbaby.com, as well as their use are regulated by the present General Conditions.

 

The products purchased at missbaby.com are sold directly by Missbaby SL ("MISSBABY") Spanish Society, with registered office in Spain, Bravo Murillo Street 178, 28020, Madrid. Registered in the Madrid Business Register, volume 32114, page 90, section 8, sheet M-577950, with CIF B86956968.

 

MISSBABY may modify or simply update, in full or in part, the present General Conditions. We therefore ask you to regularly access this section to check the publication of the most recent and updated General Conditions of missbaby.com. Should you not agree, in full or in part, with the General Conditions of missbaby.com, please do not use our website.

The access and use of missbaby.com, including communication with MISSBABY, visualization of the web pages and the downloading of information on products and purchase of said products on the Website, constitute activities carried out by our users, exclusively for personal purposes and are not related to any commercial, entrepreneurial and professional activity.

 

MISSBABY cannot be held responsible for any use of missbaby.com or its contents by each of its users that does not respect the laws and regulations in force, except for the responsibility of MISSBABY for fraud and serious fault.

MISSBABY does not assume any responsibility for the access of minors to the content included in the website, being the responsibility of parents or guardians to exercise adequate control over the activity of children or minors in their care or to install any parental control tools in order to prevent access to materials or content unsuitable for minors, as well as the sending of personal data without the prior authorization of their parents or guardians.

MISSBABY assumes no responsibility for errors or delays in accessing the Website by the User when entering their data in the Order Form; the slowness or inability to receive by the recipients of the order confirmation or any anomaly that may arise when these incidents are due to problems on the Internet, fortuitous events or force majeure and any other unforeseeable contingency MISSBABY good faith; MISSBABY assumes no responsibility for failures or incidents that may occur in communications, defaced or incomplete transmissions so that there is no guarantee that the services of the Website is constantly operating. MISSBABY assumes no responsibility for any errors or damages produced to the Website by inefficient use of the service and bad faith on the part of the User, non-operation or problems with the email address provided by the User when sending the order confirmation.

MISSBABY promises to solve the problems that may arise and provide all necessary support to the User in order to reach a quick and satisfactory resolution of any incidents that may arise in the Website.

You can contact MISSBABY whenever you want by email.

The General Conditions do not apply to the supply of services or the sale of products with parties other than MISSBABY who are present at missbaby.com through links, banners or other hyperlinks. We recommend that you check their sales conditions, before placing orders with parties other than MISSBABY, or when purchasing their products and services, as MISSBABY is not responsible for the supply of services by third parties other than MISSBABY, nor from the conclusion of electronic commerce operations between the users of missbaby.com and third parties.

How do I make a purchase at Missbaby.com

 

To purchase one or more products at missbaby.com you will have to complete all required fields during the purchase procedure, following the instructions for this specific purpose in the website.

On the website you will find information about products and services offered and about the possibility of hiring them.

Once you have completed the purchase process, MISSBABY will receive your purchase order electronically, being conditioned to the verification of the accuracy of the data relating to your order.

The purchase order will be incorporated into our database for the correct shipment of orders and always within the limits established by current legislation.

MISSBABY may refrain from processing orders that are incomplete or incorrect. On such occasions we will inform you by email, specifying the reasons.

In the event that, due to circumstances of force majeure, the products presented on missbaby.com are no longer available or for sale at the time of your last access to the website, meaning, at the time of sending your purchase form, MISSBABY will inform you as soon as possible, of the availability of the products that you have ordered and will endeavour to find a solution.

When you formalize your purchase as described previously, you are agreeing to our General Conditions, our Privacy Policy, our returns and refunds conditions, as well as all the content of the Website. Remember that we can clear up any doubts and help by email at the following address: hola @ missbaby.com

The characteristics of each product are shown within their corresponding data sheet on the Web. Photographs, graphic or iconographic representations and videos related to the products, as well as commercial names, marks or distinctive signs of any kind, contained in the missbaby.com are intended to provide as much information as possible.

Products and prices

 

The product prices published on the Web include VAT and any indirect taxes (applicable in EU countries), but they do not include shipping fees.

 

Find out more about our courier timeframes and costs in Shipping.

 

To order from a country not belonging to the European Union, when you receive your purchase, you may have to pay a customs fee and any other fee not included on sales, according to laws applicable in your country. We invite you to contact the customs office of your country to obtain detailed information about these expenses.

MISSBABY reserves the right to modify its prices at any time. Products and services will be invoiced in accordance with the price in force at the registered time of the order. Make sure to check the final sale price before sending your order form.

All products are provided with an identifying label. We beg you not remove the label from products, since it is an essential part of the product itself.

 

In case you exercise your right of withdrawal, MISSBABY has the power to not accept the return of products lacking their respective label, as well as products that have been damaged or whose essential and qualitative characteristics have been altered.

 

Payments

The payment of the price for the products with these respective shipping and delivery costs can be made with one of the payment methods indicated in the purchase procedure.

 

Payment by credit/debit card: If you make the payment by credit card, the bank details (for example, credit or debit card number or its expiration date) will be transmitted in secured mode, through data encryption using Secure Socket Layer (SSL system) to the Banking entity in charge of providing the respective remote electronic payment services, in any case, not accessible to third parties. In addition, this data will never be used by MISSBABY other than to complete the procedures related to your purchase, issue the corresponding refunds derived from your right of withdrawal and to prevent and inform the police forces in case of any fraud committed or could be committed at missbaby.com. The amount of the purchase of the products and the shipping costs, as indicated on the purchase form, will be debited from your bank account, credit or debit card, or PayPal account at the time of purchase of the products.

 

Payment with PayPal: (www.paypal.com) A secure on-line payment method using an existing PayPal account, or registering your credit or debit cart data. This option of payment has an additional charge of 3,5% for management costs (apart from common shipping costs).

 

Bank transfer: If you opt to pay by bank transfer, you must indicate in the concept of the same, the order number in addition to your full name. The transfer costs are to be borne by the buyer. Your order will only be processed once payment is received. The transfer must be made within two (2) working days. If payment is not received by this deadline, your order will be cancelled.  

 

Cash on delivery: (Only available in Spain) If you prefer to pay for your order at home at the time of delivery. Please note that this payment method has an additional charge for management costs of 3,95€ (apart from common shipping costs). The exact amount of money must be given to the courier.

 

* In order to guarantee a maximum level of security, MISSBABY reserves the right to contact the customer by telephone validating the purchase with him. At the end of this validation, the order will be prepared and shipped as soon as possible.

 

* MISSBABY reserves the right to suspend cash on delivery payments to customers who have not met the necessary requirements on past orders.

 

With a Discount Coupon: If you own a MISSBABY Discount Coupon for a specified amount for purchases in our online store, you can use it as a payment method.

 

For more information on the data processing related to the purchase, see "Privacy Policy" which describes the security and privacy commitments that are fulfilled in the Website.

 

All our orders are sent through CorreosExpress , DHL and UPS or courier companies with whom we collaborate.

 

Find out more about our courier timeframes and costs in Shipping.

 

If you are not present at the specified location at the delivery time, the courier may leave a notification (note of passage) in your letter box, which will explain how you can reschedule the delivery of your order. In any case, the courier company will attempt delivery twice before returning the goods to MISSABABY. If you agree a new shipment, you will have to pay the costs.

 

The user undertakes to enable delivery by providing a delivery address to which the order can be delivered, within the standard delivery time (Monday to Friday from 9:00 a.m. to 6:00 p.m.). You must also provide a telephone number (it is recommended to provide a mobile phone number) in the corresponding box when making the purchase, to be used by the courier company in case of not meeting anyone at the delivery address. In case of non-compliance with any of these obligations, MISSBABY will not be held responsible for any delay or inability to comply with the delivery of the order requested by the user.

 

Right of Withdrawal

 

If, for any reason you are not fully satisfied, you may exercise your right of withdrawal (return) or exchange within a period of fourteen (14) calendar days from the date you received the products purchased at missbaby.com

 

In the case of an exchange request, and the acceptance of this one, in accordance with the above mentioned conditions, MISSBABY will send the customer the new article replacing the previously collected one, with cash on delivery on the shipping costs (customer to Missbaby S.L and vice versa).

Customised or artisanal products are specially created for you, so there is no change or return, unless they are defective. If a product is defective, contact us to receive return instructions.

Temporary products on request campaign´s, temporary discount or liquidation campaigns’, not allow any change and are indicated on each product and/or campaign.

You can return the item purchased at missbaby.com within 14 calendar days from the delivery date.

SPANISH CUSTOMERS:

 

-        Complete the online Returns Form or send us an email indicating the order number, your request for either exchange or refund, as well as day and time slot of at least two hours for the collection.

-        To fulfil the warranty the articles returned must be in perfect condition, they must be intact, not used, washed or damaged with all labels and tags still attached, if possible in its original packaging or box/bag tightly closed. If the original packaging and labelling are not included, MISSBABY reserves the right to consider that the article has suffered depreciation.

-        The articles of the same order must be returned in the same shipment, MISSBABY will not accept returns of the same order separately.

MISSBABY will schedule the collection of the products, according to your indications of dates and times and will inform you by email of the date and time in which the collection will take place.

The returns can be sent by the courier company proposed by MISSBABY or by one of your choice, expenses will be borne by yourself. If the return is made with MISSABY courier company´s return costs are the same as shipping costs.

INTERNATIONAL CUSTOMERS:

-       Please note that if you would like to exchange a product, please return the original item(s) for a full refund and place a new order.

-        Simply fill in the Online Returns Form  by login to your acount and selecting RMA from menu panel.

-        Package your items carefully, with each item in condition you received it and with all labels attached (including hangers).

-        You will be responsible for the returned items until they reach us. For your own protection, we suggest you use a secure delivery method, which requires a signature upon delivery, and waterproof packaging.

Returns address

 

Missbaby SL

C/ Luxemburgo nº 3, 2º,  OF 5-6

28232 Las Rozas de Madrid. Madrid

Spain

 

MISSBABY cannot be held responsible for packages that are held at customs due to insufficient or lacking documentation. For this reason, MISSBABY recommends you choose a courier service that allows you to track the shipment at all times.

Provided that you have met all these requirements, within forty (48) hours you will receive an email informing you that your return has been accepted and the purchase price. Refunds will be made using the same method of payment as was used when making the original purchase, including VAT within the European Union. For customers from countries outside the European Union, the amount will be reimbursed in the same way, excluding customs fees resulting from the return.

If your return does not fulfil the previously mentioned conditions and is not accepted, we will contact you. In this last case, you can request the return of the articles paying the generated return costs, including shipping fees or customs taxes if any. To reject this possibility, MISSBABY will reserve the right to retain the goods as well as the amount corresponding to the acquired products.

Refunds

 

The transit time of your return is beyond our control, but once received, we will process it as soon as possible. All returns are processed within two (2) working days of arrival at our warehouse. You will be notified via email as soon as we order the reimbursement.

We will reimburse the purchase prices of returned products.

Refunds will be made using the same type of payment as was used making the original purchase.

 

Refunds by Credit Card:

The time taken to refund the credit to your account depends on the Credit Card Issuer, and the transaction may take up to seven (7) working days to be reflected from the day you receive the Return Acceptance Confirmation email.

Refunds by PayPal:

Your refund will appear in your account within 24 hours of the Return Acceptance Confirmation email. To transfer funds to a separate account, please contact PayPal directly.

Cash Refunds:

Your refund will be made by bank transfer. Please provide us with your bank details (name of holder, BIC / SWIFT and IBAN codes) on the online Return Form. Normally it will be credited to your account within two (2) working days from our request, being five (5) working days the maximum term.

Product Guarantees

In accordance with Royal Legislative Decree 1/2007 of 16 November approving the text of the General Law for the Protection of Consumers and Users, MISSBABY undertakes to deliver to the consumer and user products that are in conformity with the contract, and to respond to any lack of conformity, the consumer having the right to request the goods to be repaired, their replacement, price reduction or termination of contract.

The application of this guarantee shall be free of charge to the user, including the necessary costs for remedying the lack of conformity of the products with the contract, such as shipping, labour and materials.

MISSBABY will be responsible for any unwarranted faults that become apparent within the period of two (2) years from the delivery of the products. The user must inform the seller of the lack of conformity within two (2) months from the date of detection.

However, taking into account that MISSBABY sells products which have a lifespan of less than two (2) years, it should be understood, unless evidence to the contrary, that the products conform to the contract provided that they comply with all the requirements as follows:

Comply with the description given by the seller and possess the qualities of the product, which the seller has given to the user as a sample or model.

Are fit for the purposes for which products of the same type are normally used.

Show the quality and performances that are normal in products of the same type and which the consumer and user can reasonably expect, given the nature of the product.

[L1] missbaby.com users benefit from the guarantee given by the different manufacturers of each article. Defects or imperfections due to improper use or manipulation of goods, as well as the wear caused by the normal use of the product, are not included in this guarantee. Imperfections in the functionality of articles, due to its design limitations, are also excluded from the cover of this guarantee.

Privacy Policy

 You can obtain information about the treatment of your personal details by accessing our Privacy Policy.

If you want to know more about our Privacy Policy, you may send your request per email at info@missbaby.com or by post to our headquarters Missbaby S.L. Calle Bravo Murillo 178, 28020 Madrid.

 

Intellectual and industrial property

 

Intellectual Property Rights

 

The contents of missbaby.com such as works, images, photographs, dialogues, music, sounds, videos, documents, drawings, figures, logos and any other material, in any format, published at missbaby.com (including menus, web pages, graphics, colours, outlines, tools, characters, website design, diagrams, compositions, methods, processes, functions and Computer programs that are part of missbaby.com) are protected by copyright and are the intellectual property rights of MISSBABY and other rights holders. Reproduction in whole or in part, by any means and any form, of missbaby.com and its contents without the explicit consent, expressed through a MISSBABY´s written document is considered reserved.

MISSBABY has an exclusive right to authorise or prohibit direct or indirect, temporary and permanent reproduction, by any means and any form, with any means and in whole or in part of missbaby.com and its contents.

Regarding the use of missbaby.com, you are only authorized to view the website and its contents.

Moreover, it is permitted, to achieve all of those acts of temporary reproduction which do not reflect economic relevance considered transitory, accessories or an integral and essential part of the display of missbaby.com itself and its contents, as well as to achieve navigation operations on the website that are only made for a legitimately use of missbaby.com and its contents.

 

You are not authorized to make, in whole or in part, any reproduction, by any means, of missbaby.com or its contents. Each act of reproduction must be, on each occasion, authorized by MISSBABY or, when necessary, by the authors of the individual works contained in the website.

 

Such reproductions must be made for lawful purposes, respecting copyright and other rights over the intellectual property of MISSBABY and the authors of the individual works contained in the website.

 

The authors of individual works published in missbaby.com have, at all time, the right to claim authorship of their own works and to object to any distortion, mutilation or other modification, including any action that may damage the works or being prejudicial to their honour or reputation.

You undertake to respect the copyright of the artists who have decided to publish their works on missbaby.com or who have collaborated with missbaby.com in the creation of new expressive and artistic forms intended to be published, even if not exclusively, on the website, or which form an integral part of it.

You are also not authorized under any circumstances to use, by any means and any form, the contents of the website or any work protected by copyright and other intellectual property rights. By way of example: you may not modify or alter the contents of the protected works without the consent of MISSBABY or, when necessary, of the individual authors of the works published in missbaby.com.

Furthermore, and without prejudice to the foregoing, the content of missbaby.com, has the status of software, and therefore, it is also applicable across the Spanish legislation and European Community legislation in force in the field.

The total or partial reproduction of www.missbaby.com, through a hyperlink or, of any of its contents, without prior written express consent of MISSBABY is explicitly forbidden.

 

Brands and domain names

 

MISSBABY is the exclusive owner of the logos and trademark "MISSBABY", in the Spanish Office of Patents and Trademarks, as well as any other distinctive sign that includes the word "MISSBABY", including the domain name "missbaby.com".

 

MISSBABY has an exclusive right of use of its own brands. You are not authorized, except with the prior express written consent of MISSBABY and other brand owners published on the website, to use such brands to identify any product or service, even if it is not similar to those of missbaby.com, nor to those of other brand owners, nor in connection with other services that are not of MISSBABY and in any way that may cause confusion among our clients.

Any use of brands that is not in accordance with current legislation is prohibited, while unauthorized, and carries with it serious legal consequences. You may not use these brands or any other distinctive sign present on missbaby.com to take advantage of the distinctive character or the reputation of these brands, in a way that could cause damage for them or their owners.

Also, it is totally prohibited to copy, reproduce, adapt, modify, distribute, commercialize, communicate publically and/or any other action infringing current Spanish and/or international intellectual property and/or industrial property regulations, as well as the use of the website contents, without prior written express consent of MISSBABY

Applicable regulation and conflicts resolution

 

The General Conditions are regulated by the Spanish legislation.

 

Except for the cases of consumers and users covered by existing legislation, users and MISSBABY are subject, with an express waiver of any other jurisdiction which may correspond to them, to judges and courts of the city corresponding to the domicile of the User, in relation to any dispute concerning the validity, effectiveness, compliance, interpretation, execution or any other matter relating to these General Conditions and the contractual relationship.

Likewise, as a firm which is member of CONFIANZA ONLINE and under the terms of its Ethical Codes, in the case of controversy relating to contracting and advertising online, data protection and protection of minors, the user may turn to CONFIANZA ONLINE´S extrajudicial controversy resolution system. (www.confianzaonline.es)."