Terms and Conditions
1. GENERALThe following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”you”) with NAOMIDAVID Babywear LTD Reg.No.: C 9214, hereinafter referred to as “NDB”, "us" or ”we”, at the NDB website, mobile website, or mobile application, or via telephone (jointly referred to as ”naomidavidbabywear.com”).
By using naomidavidbabywear.com and/or placing an order, you agree to be bound by the terms and conditions set out herein (the ”Terms”). Please make sure you have read and understood the Terms before placing your order.
Only persons 18 years or older, who are not under guardianship, and are not acting in a capacity of a company can place an order. If you pay with debit card or Gift Card you can place an order from 16 years.
The inclusion of any products or services on.naomidavidbabywear.com at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time.
We reserve the right to amend these Terms from time to time without prior notice to you. The version of the Terms that will apply to your order will be those on naomidavidbabywear.com at the time you place your order.
NDB want to provide the best possible online experience. To make this possible we need to ensure that our services runs like a clockwork. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the naomidavidbabywear.com site, or which impacts the security of the site, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the site. We reserve the right to immediately bar access to the site and close the account of any user who violates this provision or any other provision in these terms and conditions.
2. PRICES AND DELIVERY CHARGESThe prices displayed at naomidavidbabywear.com include the statutory Value Added Tax but do not include a delivery charge. Prices at the timer of the order apply.
The delivery charge depends on the size or weight of your order. and shipping address. If we are unable to deliver your order in full and have to make more than one delivery, there will not be an additional charge for any subsequent deliveries. Prices in store, catalogue and online may vary.
3. ORDERING/CONCLUSION OF CONTRACT
The ordering options available to you are via naomidavidbabywear.com. Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation. If for any reason we are unable to fulfill your order, we will let you know at the earliest opportunity. If we have already received payment for such order, we will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary, an NDB representative will contact you to settle the refund.
NDB exercises the utmost diligence in accepting and processing orders and will endeavour to deliver your order worldwide in accordance with your selected delivery option. NDB endeavours to dispatch orders in the fastest possible time and in the order in which they are placed. We aim to deliver within 2 to 5 days following confirmation of an order, unless otherwise agreed. Though we aim to deliver within the communicated time frame, delivery may take longer due to unexpected events. In the unlikely event the delivery time exceeds 30 days, you may cancel your order.
Before you place your order, you will be informed of the expected delivery details. Once you have placed your order, if you have supplied us with your email address, you will receive an email confirmation with your expected delivery details.
If your order does not arrive by the scheduled date, please contact NDB Customer Service via email email@example.com.
5. WITHDRAWAL OF ORDER
You may cancel or return your order from the date you place the order until 28 days after receipt of the ordered items. If you have been charged for the items, you will receive a refund of the purchase price.
If you wish to cancel or return your order, please provide us with notice in writing via email to naomidavidbabywear.com. or by filling in and submitting the standard form issued by your local Consumer Rights Authority; and return the item(s) to us as set out in section 6 (Returns) below within the 28 day period set forth in section 5.1 above. We will provide a refund attempting to use the same method used to make the payment (or, if the items have not yet been paid for, reflect the return of the items in your account balance) as soon as possible and at the latest within 14 days of receiving your notice of cancellation, provided we have received the items or evidence of you having sent back the items. Another payment method may be used for the refund, provided that you consent to such change; in any case this will not generate any additional charges.
If the item you have received is defective, please notify NDB promptly and return the item in accordance with section 6 (Returns) below. NDB will, for any products deemed defective, provide a full refund. The provisions set forth herein do not limit any applicable statutory rights.
6. RETURNSNDB guarantees a full refund of the returned items in accordance with section 5 (Withdrawal of Order), provided that all items are returned in the same condition they were in upon your receipt. This means the items should not have been damaged, soiled, washed, altered or worn (other than to try the item on) and that any labels or tags should be intact.
7. PAYMENT METHODSYou can pay for your goods in various ways as set out below.
Payment before delivery
Credit card, Debit card, Maestro card, PayPal
You can enter your payment details at the time you place your order using a valid credit or debit card (Mastercard, Visa, Maestro Cards, Diners, Amex) or PayPal. The applicable amount will immediately be debited on your card. NDB reserves the right to check the validity of the credit or debit card, its credit status in relation to the order value and whether the address data of the purchaser is correct. We may refuse orders depending on the result of these checks.
8. OUR LIABILITYNothing in these Terms shall exclude or limit NDB's liability with regard to any matter for which it would be unlawful for us to limit or exclude our liability.
We do not seek to exclude liability for fraudulent misrepresentation by us or our employees or agents. If we breach these Terms, we shall only be liable for losses which are a reasonably foreseeable consequence of such breach.
NDB is not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the goods or to meet any of our other obligations under these Terms where such failure is due to an event that is beyond our reasonable control, which includes but is not limited to fire, flood, storm, riot, civil disturbance, war, nuclear accident and terrorist activity.
Our maximum liability to you for any loss or damage arising in connection with your order on naomidavidbabywear.com shall be limited to the total price of your order.
If you have a problem with a product that you have purchased from NDB online, and were not able to settle the complaint with NDB, then you can submit your complaint to the EU’s online dispute resolution platform (the “ODR platform”).
The ODR platform offers consumers and traders within the EU with the possibility to try and reach an out-of-court settlement for complaints arising from online purchases. This single entry point is designed to be a user-friendly and interactive website, available in all EU official languages and free of charge. Using the ODR platform the consumer and the trader can find a dispute resolution body and then go through the process of finding a solution to the consumer’s complaint. The ODR platform is available here: http://ec.europa.eu/odr.
9. COLOURS AND MEASUREMENTSWe make all reasonable efforts to accurately display the attributes of our products, including composition and colours. The colour you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colours.
An item’s measurements given on naomidavidbabywear.com are only approximate values to give you a better understanding of the model or fit of that specific item, and not a definite guarantee of the actual measurements of the item you receive. The final measurements of an item may vary depending on the material used in its production.
10. GUARANTEEIf there are defects in the goods you have purchased, NDB abides by all statutory guarantee regulations. If you have a complaint regarding obvious material or manufacturing faults in goods that we have supplied, including damage incurred in transit, please let us know by returning the goods to us without delay.
11. ASSIGNMENTNDB reserves the right to assign or pledge to third parties any claim(s) for payment including any payment instalments which have arisen in connection with the delivery of goods.
12. SEVERANCEIf any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply.
13. OWNERSHIP OF RIGHTS
All intellectual property rights, such as trademarks and copyrights at naomidavidbabywear.com remain with NAOMIDAVID Babywear Ltd and its subsidiaries or licensors. Any use of naomidavidbabywear.com or its contents, including copying or storing such content in whole or part, other than for your own personal, non-commercial use, is prohibited without the permission of NDB.
14. COMPANY INFORMATIONNAOMIDAVID Babywear Ltd.
152, Office 9, Naxxar Road, San Gwann
SGN 9030 - Malta
tel.: +356 2137 6686
fax:: +356 2137 6523
cel: +43 699 111 56 471
Reg.No.: C 9214
VAT: MT26416312, ATU74521047