TERMS AND CONDITIONS
The terms and conditions of Baby Wallaby Oy shall apply from 1 June 2016 onwards.
The terms and conditions apply to a consumer customer (”Customer”) when the Customer makes an order from Baby Wallaby Oy (“Baby Wallaby”) via www.babywallaby.com online shop (“Online Shop”).
If the Customer do not accept the terms and conditions, the Customer shall immediately discontinue of making an order, and the Customer cannot make a purchase.
Baby Wallaby recommends the Customer to familiarise with the terms and conditions with care prior to each order from the Online Shop.
The Customer must be at least 18 years of age and have a permanent address within the delivery area of the Online Shop.
The Customer must accept the terms and conditions without exceptions in order to make a purchase at the Online Shop. By accepting the terms and conditions the Customer is bound to follow the terms and conditions and accepts the use of the Customer’s personal information as well as the cookies used pursuant to the data protection and cookie regulations (“Cookies”) of Baby Wallaby.
The counterparty of the Customer is always Baby Wallaby Oy (business ID 2692941-6, Kilontie 1 A 5, 02610 Espoo, Finland) in every order.
Order and binding contract
An order can be made at the Online Shop once product(s) is added to a shopping bag and by paying the order at the ”Shopping Bag” page on the Online Shop. The Customer must review and check the order with care in each time prior to sending the order to Baby Wallaby. Reviewing and checking is possible prior to the payment stage.
No order can be made without a valid e-mail address. A binding contract is made when Baby Wallaby sends a confirmation of the order to the Customer’s e-mail address given to Baby Wallaby. The confirmation states the ordered product(s), total price of the purchase and delivery costs and other information required by applicable law.
Prices, costs and taxes
The prices given at the Online Shop apply only to the order made at the Online Shop. All prices include VAT. The product prices do not include delivery costs. The delivery costs are described below in section “Delivery and Costs”. The delivery costs of each order can be seen prior to order.
Baby Wallaby reserves the right to change the product prices and delivery costs at will, however, these changes will only apply to orders made after these aforesaid changes.
The Customer can make a purchase by using the payment methods stated at the Online Shop. Unless otherwise agreed in writing, Baby Wallaby has the right to charge the Customer at the order. Baby Wallaby or its partners have the right to receive the credit details of the Customer from a third party. Should this be the case, Baby Wallaby will always inform the Customer.
Baby Wallaby reserves the right not to allow all the payment methods to be used at a certain time or alternatively suggest other payment methods if the payment method chosen by the Customer does not work for some reason once making the order. All the payments methods accepted by the Online Shop are mentioned on the Online Shop, and Baby Wallaby advices to familiarise with the payment methods prior to ordering.
Delivery method, time and expenses
All the delivery costs of the products ordered via the Online Shop include mailing and packaging costs. The delivery costs of each order can be seen prior to order.
The Customer will receive a number for delivery once the products have been sent from the warehouse of Baby Wallaby.
Once the product has been delivered to the Customer, the liability for risk, such as damaging and disappearing of the product, will pass on the Customer.
Delivery in Finland
Baby Wallaby will deliver the products purchased from the Online Shop without delay from the order confirmation.
Delays in delivery will be noticed on the Online Shop's front page.
Should the Customer choose the SmartShip delivery method on the Online Shop, the parcel will be delivered to the SmartShip pick-up location chosen by the Customer. Orders can normally be collected on the next working day after 4 p.m. following the order day. When the parcel is ready for collection, the Customer receives a text message onto the mobile that contains a code for the locker. For this reason, the Customer must give a valid mobile phone number once making the order. The code shall be dialled at the locker and the parcel can be collected once the locker door opens. The parcel will be kept in the locker for seven (7) days from arrival. If the parcel is not collected within that period, the parcel will be send back to Baby Wallaby. If this the case, the Customer is liable for all delivery costs whatsoever caused to Baby Wallaby, and Baby Wallaby has the right to deduct the delivery costs from the product value once returning the product amount back to the Customer.
Should the Customer choose the Express Flex delivery method on the Online Shop, the parcel will be delivered to the address given by the Customer at the purchase. If the Customer chooses this delivery method, the Customer must give a valid phone number so that the mailing office can agree a delivery time with the Customer. The mailing office will normally contact the Customer within 1-2 working days from the delivery day. If the Customer cannot be reached despite of several contact attempts made by the mailing office, the Customer is liable for all delivery costs whatsoever caused to Baby Wallaby if the product is send back to Baby Wallaby. In this case Baby Wallaby has the right to deduct the delivery costs from the product value once returning the product amount back to the Customer.
Baby Wallaby will mail the products ordered by the Customer at the Online Shop without delay from the order confirmation.
Baby Wallaby delivers products purchased at the Online Shop to the following countries: Austria, Belgium, Bulgaria, Croatia, Cypros, Czech, Denmark, France, Germany, Greece, Estonia, Gibraltar (UK), Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxemburg, Malta, the Netherlands Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, Switzerland and the United Kingdom.
Currently Baby Wallaby do not deliver orders made via the Baby Wallaby online store to the following countries within the EU: Büsingen and Helgoland in Germany, Guernsey (including Alderney and Sark) and Jersey in Great Britain, Livigno and Campione d'Italia in Italy, Canary Islands, Ceuta and Melilla in Spain or Faroe Islands and Greenland in Denmark.
By choosing the Priority delivery method, the package will be delivered approximately within 5-12 working days. The delivery can be followed by using the number for delivery until the international terminal in Finland.
If the Customer cannot be reached despite of several contact attempts made by the mailing office, the Customer is liable for all delivery costs whatsoever caused to Baby Wallaby if the product is send back to Baby Wallaby. In this case Baby Wallaby has the right to deduct the delivery costs from the product value once returning the product amount back to the Customer.
Limitation of liability
Unless expressly stated by mandatory law, Baby Wallaby is not liable for any direct, indirect or other indirect damages unless caused intentionally or gross negligently.
Baby Wallaby’s liability for defects are limited to mandatory law regarding liability for defects and Baby Wallaby shall not give any warranties or guarantees exceeding the mandatory law.
Right to cancel
All sales on the Online Shop are regarded as distance sales according to the consumer protection legislation. The Customer has the right to cancel the contract of distance sales by giving a notice to Baby Wallaby by filling in the Form of Return and Exchange or in other unambiguous method within fourteen (14) days from receiving the product.
All the products purchased at the Online Shop can be exchanged to another product that are available on the Online Shop. The exchange shall be executed, as the returning of a product, by filling in the Form of Return and Exchange or in other unambiguous method within fourteen (14) days from receiving the product.
If the Customer returns or exchanges a product(s), the Customer is liable for the packaging and delivery costs and payments caused due to return or exchange.
Cancellation and Exchange
If the order will be cancelled or the product exchanged by exercising the Customer’s right of return or exchange, the Customer must return the product(s) within fourteen (14) days from the notice of return or exchange given to Baby Wallaby as mentioned above.
If the Customer wish to return or exchange a product purchased at the Online Shop, the Customer must return the product in its original condition, and if the return is an exchange, the Customer must make a new purchase on the product the Customer desires to purchase as the Customer did when made the original purchase. The right of return or exchange only applies to products which have not been used, washed or damaged or otherwise defected, and where all product labels and codes are still in place.
The Customer must pack the product(s) with care. The Customer must also clearly write the addressee (Baby Wallaby Oy, Kilontie 1 A 5, 02610 Espoo, Finland) on the package. The list of delivery that was sent to the Customer with the delivery shall be put into the package.
The Customer is responsible for securing that Baby Wallaby receives the delivery. Therefore, the Customer shall ensure that the Customer receives a receipt from the mailing office. The product shall not be put into a mailbox.
The Customer is liable for all packaging and delivery costs and payments whatsoever.
Returning the payment
When the Customer returns the product purchased at the Online Shop, Baby Wallaby return the product price paid by the Customer by using the same payment method used by the Customer in its original purchase. If the return of payment cannot be made according to the aforementioned due to expiration of credit card of the Customer etc., the parties shall pursue to agree other method for returning the payment.
The Customer is liable for depreciation of the value of the product, and Baby Wallaby has the right to deduct the amount depreciated when returning the payment. If the value of the returned product(s) has become non-vendible due to use or other similar reason, the Customer is liable for the whole value of the product. Should the Customer wish that Baby Wallaby will send the product back to the Customer, the Customer shall pay the delivery costs caused prior to delivery.
The product purchased at the Online Shop cannot be returned to any other place than directly to Baby Wallaby.
If the product purchased at the Online Shop has been returned to Baby Wallaby according to the aforesaid, Baby Wallaby will return in cooperation with its partners the amount paid (excluding delivery or packaging costs) by the Customer without undue delay but in fourteen (14) days at the latest when Baby Wallaby received the notice of cancellation and the product.
If the Customer finds a defect in the product purchased from the Online Shop and described in the Consumer Protection Act of Finland, the Customer may make reclamation to Baby Wallaby. All reclamations shall be done without delay from the finding of the defect by using the contact details stated on the Online Shop.
If the defected product is returned to Baby Wallaby, Baby Wallaby is responsible for reasonable delivery costs.
Once Baby Wallaby has received the defected product made according to the above-mentioned, and Baby Wallaby has found the reclamation to be justifiable, Baby Wallaby will pay compensation to the Customer pursuant to the Consumer Protection Act of Finland. Baby Wallaby will pursue to make the payment within thirty (30) days from receiving the product under reclamation. If Baby Wallaby finds that the reclamation was not justifiable and thus not defected according to the Consumer Protection Act of Finland, Baby Wallaby has the right to reject the reclamation. In this latter case, Baby Wallaby will send the product back to the Customer when the Customer has paid the delivery costs.
The terms and conditions of the Online Shop of Baby Wallaby do not limit the rights of the Customer vested by the Consumer Protection Act of Finland nor the merchant’s statutory product liability regarding defected products including the right to claim for repair or replacing the product with a new product.
Baby Wallaby is not liable for any photo or typing error, erroneous prices or information on the product availability or alike information on the Online Shop. If an erroneous price has been given on a product, Baby Wallaby will inform the Customer and wait the approval of the Customer on the fixed amount prior to proceeding with the Customer’s order.
All photos on the Online Shop are only meant to be as samples and thus, the photos do not guarantee the amount of products or precise appearance or function of the products that the Customer receives.
Baby Wallaby is not responsible for any information given by third parties regarding the Online Shop.
If Baby Wallaby presents links to other websites that are not under Baby Wallaby’s control (such as www.buubla.com), Baby Wallaby is not liable for the operation or maintenance of those websites. Although Baby Wallaby pursues to ensure that Baby Wallaby only presents links to websites that follow the data protection standards complied by Baby Wallaby, Baby Wallaby is not liable for the safety or confidentiality of any information or personal data given by the Customer on those other websites operated or maintained by third parties. The Customer shall follow due care when visiting websites operated or maintained by third parties, and the Customer is advised to read the data protection provision on those websites.
Baby Wallaby is not liable for any delays or damage caused by strikes, acts of war, fire, change of regulation given by authorities or alike, technical problems, defects in power, tele or communications connections or other communications or delays in services of subcontractors due to the above reasons.
Should this be the case, Baby Wallaby will inform the Customer in the beginning and end of the delay. If the delay has lasted longer than a month, the Customer and Baby Wallaby has the right to cease/cancel the purchase made on the Online Shop with immediate effect by giving a notice to the other party.
Baby Wallaby reserves the right to amend the terms and conditions at any time. All the changes will be published on the Online Shop. The amendments shall be binding when the Customer has accepted the terms and conditions (once making a new purchase or browsing the Online Shop), and in any case in thirty (30) days at the latest when Baby Wallaby has published the amendments.
Baby Wallaby advices the Customer to regularly visit the Online Shop in order to receive information regarding any changes of amendments of the terms and conditions.
If any competent court, authority or arbitration considers any of the provisions of this contract to be void or unenforceable, the provision regarding its other parts and all other provisions are valid and enforceable to their widest extend allowed by law. All provisions found void or unenforceable are replaced with equivalent valid and enforceable terms and conditions.
Governing law and dispute resolution
Any claim, controversy or dispute arising out of or relating to the terms and conditions or the Online Shop or the breach, invalidity or termination thereof shall be first dealt with the parties and should a common understanding not be reached on the disputed matter, the matter shall be finally settled by the court stated in the mandatory law.
Should a dispute arise, Baby Wallaby pursues to follow the recommendations of national consumer dispute board, or other resolution of authorities of European countries in question.
The mandatory laws of the country of delivery shall govern these terms and conditions. Unless otherwise stated in the mandatory laws these terms and conditions shall be governed by and construed in accordance of Finnish law and all disputes shall be finally settled in Finnish courts.