1 Agreement to Terms and Conditions (the “Terms”)

 

1.1 Introduction

1.1.1 “we”, “our” and “us” mean ECB International Technologies Limited, a company registered in Ireland with company number 597549 and registered office address at 76 Newtownpark Avenue, Blackrock, Co.Dublin, Ireland, A94W5T1. Our VAT number is IE3457230VH.

1.1.2 “you” and “your” mean you, the customer.

1.1.3 The websites www.bamboobaby.ie and www.bamboobaby.co.uk ("the Website") are owned and operated by ECB International Technologies Limited, trading as BambooBaby.

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1.2 Acceptance of the Terms

1.2.1 Your use of the Website and purchase of products from the Website is subject to the Terms at all times. By accessing the Website, you are agreeing to the Terms set out below. If you do not agree to the Terms, you must exit the Website immediately.

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1.2.2 If you are under eighteen (18) years of age, you cannot place an order for any products through the Website.

 

1.3 Changes to the Terms

1.3.1 We reserve the right, with or without notice to you, to change the Terms at our sole discretion. The Terms applicable to your access and use of the Website will be the version that is current and displayed on the Website as at each date you access the Website. Your use of the Website after changes are made means that you agree to be bound by such changes.

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1.4 Accounts and Billing

1.4.1 Specific details regarding your subscription with BambooBaby, including your next scheduled parcels, can be obtained by logging into your account.

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1.5 Other Applicable Terms

1.5.1 Please refer to our Privacy and Cookies Policy to see how we collect, use and protect your personal information.

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2 Website Use

2.1 You agree not to upload, post, email or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, harm, damage, destroy or limit the functionality of any computer software or hardware or equipment linked directly or indirectly with the Website. You also agree not to interfere with the servers or networks underlying or connected to the Website or our services or to violate any of the procedures, policies or regulations of networks connected to the Website.

 

2.2 All content and programming of the Website is our property. Except as may be permitted by law, notwithstanding contractual prohibition, you may not reproduce, modify, copy, de-compile or reverse engineer any of the materials, software or content on the Website without our written permission. Use of the Website is restricted to personal and non- commercial use only.

 

2.3 You agree not to impersonate any other person or use a false name or a name that you are not authorised to use while using the Website.

 

2.4 You may not use the Website for unlawful purposes or in any way that may damage our name or reputation or that of our affiliates.

 

2.5 You are responsible for ensuring your computer system meets all the necessary technical specifications to enable you to access and use the Website and is compatible with the Website.

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2.6 You are solely responsible for maintaining the confidentiality of your account and password, for all activity that takes place on your account, and for restricting access to your computer. We will not be held liable for any loss or damage that may result from your failure to do so.

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2.7 We may, from time to time, restrict access to certain features, parts or content of the Website, or the entire Website, to users who have registered with us.

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2.8 The information contained in the Website is for general information purposes only. We endeavour to keep the information contained on the Website (other than User Material (as defined in clause 3.2 below) up-to-date and correct, although there may be times when this is not the case. If you notice any issue with the information on the Website, please contact us at hello@bamboobaby.ie.

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3 Intellectual Property Rights

3.1 Website

3.1.1 All intellectual property rights in or relating to the Website (including our text, graphics, software, photographs and other images, videos, sound, trademarks and logos) are owned by us or our licensors. Except where you are given a non-exclusive license to use the intellectual property rights that you need to enable you to use the Website in accordance with the Terms, you are not given any rights in respect of the intellectual property rights owned by us or our licensors and you acknowledge and agree that you do not acquire any ownership of, or other rights in relation to, any such intellectual property rights by virtue of using the Website.

 

3.2 External Links

3.2.1 From time to time the Website may include links to websites of third parties (“external parties”) that we do not control. These links are provided for your convenience to provide further information. They do not signify that we endorse the external site(s). We assume no responsibility for the content, privacy policies or operation of such linked external site(s), or for anything provided (or not provided) by the third parties controlling such linked external site(s).

3.2.2 If you create a link to the Website and we want you to remove it, we reserve the right to ask you to do so.

 

3.3 Trademarks

3.3.1 BambooBaby is a trademark of ECB International Technologies Limited.

 

4 Availability of the Website

4.1 Although we aim to offer you the best service possible, we make no guarantee that the Website services will be available all of the time, meet your requirements or be fault free. If a fault occurs in the service, please report it to us at hello@bamboobaby.ie and we will correct the fault as soon as we reasonably can.

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4.2 Your access to the Website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will restore the service as soon as we reasonably can. In the event that the Website is unavailable, our usual order and cancellation deadlines apply.

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5 General Product Purchases

5.1 Details of individual products available for purchase (including their price) are set out on the Website. We take all reasonable care to ensure that all details, descriptions and prices of products appearing on the Website are correct at the time when the relevant information is placed onto the Website. As our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on the Website will have a tolerance of 5%. Although every effort is made to keep the Website as up to date as possible, the information appearing at a particular time may not always reflect the position exactly at the moment you place an order.

 

5.2 We have made every effort to display as accurately as possible the colours and images of our products that appear on the Website. We cannot guarantee that your computer monitor's display of any colour will be accurate.

 

5.3 The packaging of the products may vary from that shown on the Website.

 

5.4 We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Website is void where prohibited

 

5.5 The price displayed for products does not include postage or delivery charges.

 

5.6 Formation of Contract

5.6.1 You offer to purchase products from us through the Website. Your offer is made by completing and submitting your order on the Website which includes providing your payment card details.

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5.6.2 We will accept or reject your offer within 3 days of receipt of your order.

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5.6.3 Our acceptance of your order will take place when we e-mail you to accept it by providing you with an order confirmation and order reference number, at which point a contract will come into existence between you and us.

 

5.6.4 We will e-mail you again to confirm that the products you have ordered have been dispatched.

 

6 Free or Discounted Offers

6.1 Free or discounted introductory offers are only available to new users of the Website. Except where expressly stated, previous users or trialists of the Website do not qualify for an additional special offer.

 

6.2 Except where otherwise stated, free or discounted offers are available only once to any one person.

 

6.3 Except where otherwise stated, discounts and credits cannot be used in conjunction with any other offers.

 

6.4 You must have internet access and valid payment details to redeem a free or discounted offer.

 

6.5 Except where otherwise stated, free or discounted offers can only be used on full priced items.

 

6.6 Except where otherwise stated, discounted and other offers cannot be used to purchase Gift Cards.

 

7 Joining Us

7.1 In order to subscribe to products from the Website, you must first register to set up an account with us by completing the registration form on the Website. The purchase of individual products can be done either via guest checkout or completing registration.

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7.2 In order to register an account you must be an individual and agree to comply with the Terms.

 

7.3 When signing up you need to provide:

7.3.1 your full name;

7.3.2 a valid email address;

7.3.3 your delivery address; and

7.3.4 your payment card details.

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7.4 When signing up you will also be asked for the actual or expected birth month of the baby should you have this information available.

 

7.5 You warrant that all information you provide to us when registering an account is true and accurate to the best of your knowledge and belief. It is your responsibility to ensure the information in your account is updated regularly with any relevant changes.

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7.6 We may refuse at our absolute discretion any application to join us or receive our services for any reason whatsoever.

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7.7 You are responsible for all activities and purchases that occur under your account. You must notify us immediately if you know of, or suspect, that anyone has obtained access to your account or if you otherwise become aware of any unauthorised use of your account or other security breach.

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8 Payments

8.1 The price of products is as quoted on the Website and include VAT charges.

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8.2 We use Stripe to accept payments.

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8.3 You agree not to hold us responsible for banking charges incurred due to payments on your account.

 

9 Delivery and Return

9.1 Purchases are delivered by An Post. Actual delivery times may vary for you depending on:

9.1.1 our stock availability;

9.1.2 your delivery address;

9.1.3 when you make your selection; and

9.1.4 circumstances impacting delivery by An Post. We reserve the right to use alternative delivery methods without prior notification.

9.1.5 You will not hold us responsible for any delays, outside our control, which relate to the delivery of parcels.

9.1.6 Orders placed on weekends or public holidays will be processed on the next business day. Business days are Monday to Friday, excluding bank holidays in Ireland.

 

9.2 It is your responsibility to report all lost or undelivered purchases online within 7 days at hello@bamboobaby.ie

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9.3 Customers are obliged to comply with the An Post claim compensation process or our process. Failure to comply with these processes, as amended from time to time, will result in no credit being made in respect of such undelivered purchases.

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9.4 If you change address, you must update your address details in the relevant section of the Website to ensure that no purchases are sent out to the wrong address. You will not be refunded for any purchases posted to the wrong location.

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9.5 We reserve the right to cancel your account with us if it becomes apparent that, in our sole opinion, the postal service in your area is too unreliable.

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9.6 If you are dissatisfied with any product you receive from us, please contact us on hello@bamboobaby.ie or view our returns policy.

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10 Title and Risk

10.1 You will own the products once we have received payment in full of the price.

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10.2 The products will become your responsibility from the time we deliver the products to the address you provided us.

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11 Proof of Purchase for a Warranty Claim

11.1 Please keep your order confirmation email as your proof of purchase in case it is needed for a warranty claim.

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11.2 For assistance with a warranty claim, please contact us at hello@bamboobaby.ie

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12 Cancellation

12.1 You have a legal right of cancellation otherwise known as “cooling off period” for 14 days starting the day after you receive the products. After you notify the us that you are cancelling, you have a further 14 days to return the goods to us. Goods must be complete, unused, and in 'AS NEW' condition (e.g., if you have opened the box to examine the product it must have been done so without damaging the box and packaging or damaging the product in any way) and must be re-packaged as received. Please see our returns policy for full details.

12.1.1 However, this cancellation right does not apply in the case of any personalised products.

 

12.2 We reserve the right to terminate or restrict your use of our service, for any or no reason whatsoever. One reason that we may do so is if we believe that you are in breach of any obligation under the Terms. If we terminate your use of our service as a result of a breach of any obligation under the Terms, such termination would be immediate and may be without notice.

 

13 Privacy

13.1 We collect personal information about you through your use of the Website and our services. All information that we collect about you is subject to our Privacy and Cookies Policy.

 

14 Limitation of Liability

14.1 You acknowledge and agree that you assume full responsibility for your use of the site. You acknowledge and agree that any information you send or receive during your use of the site may not be secure and may be intercepted by unauthorised parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognising such, you acknowledge and agree that to the fullest extent permitted by applicable law, neither ECB International Technologies Limited nor its affiliates, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to the site, or any other site you access through a link from this site or from any actions we take or fail to take as a result of communications you send to us, or the delay or inability to use the site, or for any information, products or services advertised in or obtained through the site, ECB International Technologies Limited’ removal or deletion of any materials submitted or posted on its site, or otherwise arising out of the use of the site, whether based on contract, tort, strict liability or otherwise, even if ECB International Technologies Limited, its affiliates or any of its suppliers has been advised of the possibility of damages. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defects, delay in operation or transmission, computer viruses, file corruption, communication-line failure, network or system outage, your loss of profits, or theft, destruction, unauthorised access to, alteration of, loss or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither ECB International Technologies Limited nor its suppliers shall be liable for any defamatory, offensive or illegal conduct of any user of the site. Your sole and exclusive remedy for any of the above claims or any dispute with ECB International Technologies Limited is to discontinue your use of the site.

 

14.2 Nothing in this clause or otherwise in the Terms shall exclude or in any way limit our liability for:

14.2.1 fraud or fraudulent misrepresentation;

14.2.2 death or personal injury caused by our negligence;

14.2.3 any other liability to the extent the same may not be excluded or limited as a matter of law.

 

14.3 None of these terms restrict any of your statutory rights. For further information about your statutory rights, contact your local authority Trading Standards office or Citizens Advice Bureau.

 

14.4 Subject to clause 15.1, in no event shall we be liable to you for any business losses. Any liability we do have for losses you suffer is strictly limited to the purchase price of the relevant products and to losses that were foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us. Please note that this does not affect your statutory rights.

 

15. Indemnification

15.1 You agree to indemnify, defend and hold harmless ECB International Technologies Limited and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable lawyers' fees and court costs, arising or resulting from your use of the site and any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable lawyers' fees and court costs, arising or resulting from that disruption. ECB International Technologies Limited reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with ECB International Technologies Limited in the defense of such matter.

 

16 Applicable Law

16.1 Your use of the Website is governed by the Terms and construed and enforced in accordance with the laws of Ireland. Disputes arising from your use of the Website and the services we provide are subject to the exclusive jurisdiction of the courts of Ireland.

 

17 Assignment by Us

17.1 You agree that we may assign any of our rights and/or transfer, sub-contract or delegate any of our obligations under the Terms. The Terms are personal to you and you may not assign any of your rights or transfer, sub-contract or delegate any of your obligations under the Terms.

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18 Accounts are Non-Transferable

18.1 Accounts with ECB International Technologies Limited trading as BambooBaby are not transferable and therefore cannot be sold or traded.

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19 No Waiver

19.1 If we delay exercising or fail to exercise or enforce any right available to us under the Terms, such delay or failure does not constitute a waiver of that right or any other rights under the Terms.

 

20 Force Majeure

20.1 We will not be liable to you for any lack of performance, or the unavailability or failure, of the Website or our services, or for any failure by us to comply with the Terms, where such lack, unavailability or failure arises from any cause reasonably beyond our control.

 

21 Contacting us

21.1 If you have questions about the Terms or an order you have placed, please contact us at hello@bamboobaby.ie.