Please read these terms and conditions carefully before using this site. These terms tell you who we are, how we provide products and services, and how we may modify the contracts. If you have any questions, please contact us by mail : contact@ergonomic-baby-carriers.com
Who are We
Ergonomic-baby-carriers.com is a web site operated by Frewan (”We”). Frewan Limited is a company registered in France with number 522 622 620 00030. Our address is Z.A. du moustoir, 56950 CRACH, France. VAT Reg No. 30522622620
How to contact us
To contact us, please email customer services at contact@ergonomic-baby-carriers.com or call our customer service line +33 9 89 03 20 03.
1. Terms and conditions
These Terms and Conditions apply to your use of our website : ergonomic-baby-carriers.com. By using our site, you confirm that you accept these terms of use and that you agree to comply with them. Please take a look at our privacy policy to know how we may collect, store and process your personal data. If you do not agree to these terms, you must not use our site.
2. We may make changes to these agreement
2.1. We may change all or certain parts of the Agreement at any time. You agree that by continuing to access or use any of the Services at any time after such a change, you accept the new version of the Agreement. If we make a change to the Agreement after you place an order, but before your order is delivered, your order will be subject to the Terms and Conditions in place at the time that you place your order.
2.2. If we have to contact you we will do so by phone, e-mail or by poste to the address you have provided to us while placing an order.
3. Products Information
3.1. The images of our products on the Website are for illustrative purposes only. We have made every effort to display the products accurately but cannot guarantee that the products will appear accurately on your screen. Your product may vary slightly from those images.
3.2. The price listed next to a product description will be the total price for the product and includes all relevant taxes such as VAT. Sometimes, the price listed on the Website may be incorrect due to technical errors. We reserve the right to correct any prices listed on the Website or not confirm orders that have been made under an incorrect price.
3.3. We may run promotions, such as special offers or discounts from time to time on our Website. These promotions may be subject to additional terms and conditions and subject to limited timeframes and availability. Please read any additional terms and conditions carefully.
4. Website information
4.1. We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We will notify you of any significant changes but we recommend you to come back and check these Terms of Use whenever you wish.
4.2. Our site is made available free of charge.
4.3. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or some part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
4.4. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.
5. Placing orders
5.1. You may place an order to purchase a Product advertised for sale on the Site by following the onscreen prompts after clicking on the item you are interested in. You will have an opportunity to check and correct any input errors in your order until the point at which you submit your order by clicking the "payment" button on the "Payment details" page. No amends can be made by you to your order after this point.
5.2. We accept payment by bank transfert, PayPal, Visa, Delta, Electron, MasterCard, Eurocard, Maestro. If you believe that we have charged the incorrect amount, please let us know as soon as possible.
5.3. After placing an order, you will receive an e-mail from us acknowledging that we have received your order and giving you an order number and a summary of your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched. The contract between us for the sale of a Product will only be formed when we send you the Dispatch Confirmation for the relevant Product. If you order several Products from us which are being delivered at different times or separately from a 3rd Party Supplier, each contract is formed when we provide the Dispatch Confirmation for each Product.
5.4. Each Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
5.5. We may choose not to accept your order for any reason and we will not be liable to you or to anyone else in those circumstances.
5.6. We may be unable to process your order if:
- the Product you ordered is out of stock or discontinued; or
- there is a problem with authorisation of your method of payment.
5.7. Certain Products made available on the Site are subject to age restrictions imposed by law. We are not permitted by law to supply these Products to individuals who do not satisfy the relevant age requirement and, if you are underage, you must not attempt to order these Products. By registering on the Site, using the Site and / or making a purchase, you confirm and certify that the information you provide, included but not limited to, your date of birth is complete, accurate and up-to-date.
6. Delivery
6.1. The cost of delivery is set out on our Website and may vary depending on the type of delivery service or country you choose.
6.2. Your order will be delivered to the address provided to us during the order process.
6.3. We will deliver your order as soon as reasonably possible and in any event within 30 days of the day that we accept your order. Alternatively, we may display the delivery dates that are available during the order process for you to choose.
6.4. We will let you know if there are any problems with your delivery but cannot be responsible for any delays out of our control. If there is a risk of a significant delay to your order, you may contact us to end the contract and receive a refund for any products you have paid for and not received.
6.5. You will be responsible for your order once we have delivered it to the address provided to us during the order process. If you provide us with any incorrect information during the order process, we cannot be responsible for any delay or failure to provide our products to you.
6.6. For international shipping: if applicable the customs duties are paid by the receiver.
7. Your Rights
7.1. This is a summary of your key legal rights. These are subject to certain exceptions. The European law says goods must be as described, fit for purpose and of satisfactory quality.
7.2. Consumer Rights Act 2015 (UK) Compliance During the expected lifespan of your product your legal rights entitle you to the following:
- up to 30 days: if your goods are faulty, then you can get a repair or replacement or an immediate refund.
- up to 6 months: if your goods can't be repaired or replaced, then you're entitled to a full refund, in most cases.
- up to 6 years: if your goods do not last a reasonable length of time you may be entitled to some money back.
For detailed information please visit the Citizens Advice Website : www.adviceguide.org.uk or call 03454 04 05 06.
All products purchased on our Website receive a two year warranty.
8. Changes
8.1 If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
8.2 We may change a product:
8.2.1 to reflect changes in relevant laws and regulatory requirements, for example if products must meet any new regulatory requirements; and
8.2.2 to implement minor technical adjustments and improvements, for example to incorporate materials from a new supplier.
If we need to make more significant changes to a product we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
9. Cancellation
9.1 If you are a consumer based in the European Union, you have a legal right to cancel a contract made online and receive a refund under the Consumer Contracts Regulations 2013 (exercisable up to and including the fourteenth day after the day of delivery). You do not need to give us a reason for your cancellation, but you should let us know in writing that you wish to cancel at contact@ergonomic-baby-carriers.com.
9.2. The easiest method of letting us know is to complete the model cancellation below to these terms, with full details of your order, and to return it to customer services at contact@ergonomic-baby-carriers.com
9.3. Your legal right to cancel a contract starts from the date of our dispatch confirmation e-mail, which is when the contract between us is formed. Your deadline for cancelling the contract expires 14 days after you receive the products.
9.4. If you cancel your contract before we have dispatched the goods, we will refund the price paid for the goods and standard delivery costs to the credit/debit card or payment account used by you to pay.
9.5. If your order has already been dispatched, we can offer you an exchange or, if you wish, a refund for the price you paid for the products provided that the products are returned, in accordance with our returns policy, complete, in perfect condition, unused, and with the original packaging within 14 days of your cancellation of the contract.
9.6 We are permitted by law to reduce your refund to reflect any reduction in the value of the products if this has been caused by you mishandling them (i.e. handling them in a way that would not be acceptable in a shop). We will refund delivery costs paid by you for the least expensive delivery method we offer.
9.7. Unless the product is faulty or not as described you will be responsible for the cost of returning the products to us.
9.8. We will credit the purchaser with the amount payable pursuant to clause.
9.9. Refunds will be paid to the credit/debit card or payment account used to pay. Your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us.
10. Returns & Exchanges
10.1 We really hope that you will be pleased with your purchase . We care very much about the products that we sell and the service we offer. However, if you would like to return any items that you have purchased from us, we will be happy to replace a product or issue a refund provided it is returned complete, in perfect condition, unused, and with the original packaging. Please note that if you are returning something bought in store rather than online we will exchange the item or issue a credit note but we do not offer refunds unless the item is faulty.
10.2 Returns should be made within 14 days of your receipt of the goods. Returns made outside of the 14 day timeframe will be considered for an exchange or credit note. Please ensure that you check all items when you receive them and report any faulty or damaged goods as soon as possible.
10.3 If you wish to return any items received from us, please fill out the returns form enclosed in your order and clearly mark whether you would like a refund or exchange.
All items must be returned unopened, in perfect condition (including the product packaging) and remain in a re-saleable condition. Pack the returns sheet with the items and send back to:
SARL FREWAN
4 rue Le doré
ZA du moustoir
56950 Crach
France
10.4. We cannot accept liability for returned goods lost or damaged in transit therefore we strongly recommend that you obtain a certificate or proof of posting. We cannot be held responsible for returned items that do not reach us.
10.5 If you are returning goods from outside of the EU you must attach a customs declaration describing the goods as “RETURNED GOODS” stating that the products are being returned as they are either unwanted or faulty.
10.6. We will only refund the value of the items returned and basic delivery charges but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract. We will not refund the costs of return postage (except where we confirm an item is defective)
10.7. Should you wish to make an exchange you will be charged at the standard delivery rate for any new item.
10.8. Any refund payment will be made to the credit/debit card or payment account used to pay for the product. If you are returning a present, we have to refund the person who paid for it but we are happy to exchange your gift.
10.9. Please allow 14 days for your refund or exchange to be processed if you purchased online.
10.10. Gift wrapping is not eligible for a refund.
10.11. Nothing in this clause 10 affects your legal rights in respect of faulty or defective goods.
11. Intellectual Property
11.1. The copyright, trademarks, patents, design rights and any other intellectual property contained in the Services are owned by SARL frewan.
11.2. You must not copy, distribute, make available to the public, create any adaptation of or use for non-domestic or commercial purposes any part of the Services.
12. Third Party Materials And Links
We may display or link third party websites, products or services ("Third Party Services") from our Website. You acknowledge that:
- we are not responsible for any of the Third Party Services or for any losses or harm you may suffer due to the Third Party Services;
- you are responsible for any costs that you incur in relation to the Third Party Services;
- your interaction with that third party may be governed by a separate set of terms and conditions and privacy policy.
13. Limitations On Our Liability
13.1. We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
13.2. To the maximum extent permitted by law, we shall not be liable for:
- losses or harm not caused by our breach of the Agreement or negligence;
- losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to the Agreement (including any losses which are incidental to foreseeable losses); and
- any increase in loss or damage resulting from breach by you of the Agreement.
13.3. Nothing in this Agreement:
- excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation; or
- affects any additional legal rights which you may have as a consumer.
13.4. We are not permitted to exclude our liability for certain matters, for example we cannot exclude our liability to you for providing a product that is not of satisfactory quality or fit for purpose or that does not match its description. This clause shall not affect any such liability that we have to you.
14. Other important terms
14.1. These terms are governed by European or French law and, if you are a consumer, you can bring legal proceedings in respect of the products in the French courts. If you are a business, we both agree to refer any disputes relating to the contract between us and/or these terms to the exclusive jurisdiction of the courts of France.
14.2. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the European Union disputes may be submitted for online resolution to the European Commission Online Dispute Resolution platform. In addition, please note that if you are resident in UK within ADR Group via their website at http://www.consumer-dispute.co.uk or via email at consumer-dispute@adrgroup.co.uk
Model Cancellation Form
(Complete and return this form only if you wish to withdraw from the contract)
To:
SARL FREWAN
4 rue Le doré
ZA du moustoir
56950 Crach
France
email at contact@ergonomic-baby-carriers.com or telephone our customer service line +33 9 89 03 20 03
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],
Ordered on [*]/received on [*],
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
Date