Terms & Conditions
General
1.1 www.BAMBINISTA.com is operated by BAMBINISTA LIMITED. Any reference 'We', BAMBINISTA and/or BAMBINISTA.COM shall also relate to BAMBINISTA LIMITED. We are registered in the United Kingdom under company number 11062765 at 1 George Yeomans Close, Cheshunt, EN8 9FQ, United Kingdom.
1.2 Use of this website and the products available through this website are subject to the following terms, conditions and notices. By using the Services you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
1.3 Access to this website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire website.
1.4 This website also contains links to other websites, which are not operated by BAMBINISTA. BAMBINISTA has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.
1.5 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the Klarna Pay Later payment methods. Payment is to be made to Klarna. The payment period is [number of days based on pay later terms] days from shipment of the goods. You can find the complete terms and conditions for the markets where this payment method is available here.
The payment methods Pay in [14] days (Klarna Pay Later), Slice It and direct debit are only available in case of a positive credit assessment. For this purpose, during the order process and handling of your purchase, we forward your data for an address and credit check to Klarna. We can only offer you the payment methods available based on the result of the credit check. General information about Klarna and the user terms per country can be found on klarna.com. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement.
Prohibitions
2.1 You must not misuse this website. You will not: commit or encourage a criminal offence; transmit or distribute a virus or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. BAMBINISTA will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Properties
3.1 The intellectual property rights in all software and content made available to you on or through this website remain the property of BAMBINISTA or where by agreement, with a partner or third party. The property and are protected by copyright laws and treaties. All such rights are reserved by BAMBINISTA. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this website nor may you use any such content in connection with any business or commercial enterprise without the direct consent of BAMBINISTA,or where applicable with relevant owner of the content in question.
Terms of Sale
4.1 By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
4.2 Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or for uncontrollable forces which we will not be responsible.
4.3 In order to contract with BAMBINISTA you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. You must also be legally capable of entering into biding contracts.
4.4 BAMBINISTA retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will always be BAMBINISTA When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
4.5 OUR CONTRACT - When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
4.6 PRICING AND AVAILABILTY - Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
All prices are inclusive of VAT. Delivery costs may be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
4.7 PAYMENT - Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
4.8 DISCOUNT CODES - Discount codes may from time to time be offered to account holders; such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered.
Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this Website.
The conditions of use relating to any discount code will be specified at the time of issue. All discount codes apply to full price items only.
We do not offer retrospective discounts to orders.
Disclaimer of Liability
The material displayed on this website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law BAMBINISTA and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect BAMBINISTA’s liability for death or personal injury arising from its negligence, or for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
This website must not be framed on any other site, nor may you create a link to any part of this website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer
Except where expressly stated to the contrary all persons (including their names and images), third party trade marks and images of third party products, services and/or locations featured on this website are in no way associated, linked or affiliated with BAMBINISTA and you should not rely on the existence of such a connection or affiliation.
Indemnity
You agree to indemnify, defend and hold harmless BAMBINISTA Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Variation
BAMBINISTA shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this website.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and BAMBINISTA. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of BAMBINISTA.
Privacy Policy
1.1 BAMBINISTA is dedicated to protecting the privacy of each and every one of our customers. We will not disclose any information regarding our customers or visitors to the site to any third parties apart from where it is part of providing a service to you – this includes; arranging for a product to be sent to you, carrying out credit and other security checks and for the purposes of customer research or when you have given us your permission to do so.
1.2 CONSENT - BAMBINISTA will not provide or sell any of your personal details or any credit card information to third parties (excluding partners from whom you may have linked to our site) without your permission.
1.3 COMMUNICATION & MARKETING - If you have made a purchase from the website we may occasionally update you on our latest products and offers via e-mail. You will also be given the opportunity to receive such communications from us and selected third parties when you become a member of BAMBINISTA.
All BAMBINISTA members have the option to unsubscribe from marketing communications from us. If you do not wish to continue to receive e-mails from us and/or selected third parties you should opt-out clicking on the "unsubscribe" link in any emails which we might send you this will then suspend your e-mail notifications however you can sign up again if you wish to do so.
1.4 IP ADDRESS - We also use your Internet Protocol (IP) address. An IP address is a set of numbers, which is assigned to your computer during a browsing session. It is automatically logged by our servers and used to collect traffic data about visitors to our websites. We do not use your IP address to identify you personally
1.5 COOKIES - If you have registered with BAMBINISTA then your computer will store an identifying cookie which will save you time each time you re-visit the website, by remembering your email address for you. Cookies are small files which are stored on a user's computer. They are designed to hold a small amount of data specific to a particular client and website, and can be accessed either by the web server or the client computer. You can change the settings on your browser to prevent cookies being stored on your computer without your explicit consent. Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
PREF, persistent for a very short period, Set by Google and tracks who visits the store and from where
1.6 SITE STATISTICS - We monitor customer traffic on an aggregate basis using cookies and code, which is embedded, in the site. This provides statistical information about visits to pages on the site, the duration of individual page view, paths taken by visitors through the site, data on visitors screen settings and other general information. BAMBINISTA uses this information to help improve the site and services to its users.
1.7 PROTECTING YOUR SECURITY - We may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information. This is done only to confirm your identity - a credit check is not performed and your credit rating is unaffected.
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.
1.8 TRANSFERS OF YOUR INFORMATION - The information that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area ("EEA"). It may also be processed by staff operating outside the EEA who work for BAMBINISTA or one of our suppliers. Such processing may, for example, be required in order to fulfil your order, process your payment details or provide support services.
Unfortunately, the transmission of information via the Internet is not completely secure. We will do our best to protect your personal data, but cannot guarantee the security of data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
1.9 DISCLOSURES OF YOUR INFORMATION - We may disclose your personal information to any of our group of companies. We may also disclose your personal information to third parties:
- in the event that BAMBINISTA sells or buys any business or assets;
- if BAMBINISTA or substantially all of its assets are acquired by a third party, in which case personal data which we hold about our customers may be one of the transferred assets; or
- if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of; or to protect the rights, property, or safety of BAMBINISTA, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.
1.10 THIRD PARTY SITES - When shopping on BAMBINISTA.com you may come across links to and from the websites of our partner networks and other third parties. If you follow a link to any of these websites, please note that they have their own privacy policies and that we do not accept any responsibility or liability for. Please check these policies before you submit any personal data to these websites.
1.11 CHECKING YOUR DETAILS - If you wish to verify the details you have submitted to BAMBINISTA.com you may do so by contacting us via the e-mail address or address given below. Our security procedures mean that we may request proof of identity before we reveal information.
We are always happy to hear from our customers. We are always grateful for any time you spend providing us with the knowledge we need to ensure our customers are completely satisfied with the service we offer. If you have any questions or feedback about this statement, or if you would like us to stop processing your information, please do not hesitate to us, and we will be delighted to answer any questions you may have.
1.12 SHOPIFY - Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
1.13 – PAYMENT - If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers. For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
1.14 - KLARNA - In order to be able to offer you Klarna’s payment options, we will pass to Klarna certain of your personal information, such as contact and order details, in order for Klarna to assess whether you qualify for their payment options and to tailor the payment options for you.
General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in detailed Klarna Privacy Policy at http://cdn.klarna.com/1.0/shared/content/legal/terms/Klarna/en_gb/privacy
