Terms & Conditions at www.babajaancollection.com

By accessing this website you agree to these terms and conditions. If you do not agree to be bound by these terms and conditions you may not use or access this website. The www.babajaancollection.com website is provided solely for your personal use. You may not use this website for any commercial purpose.

References in these Terms and Conditions to "we", "us" and " Babajaan" are to Babajaan Limited (company registration 06736444), registered office address at 506 Kingsbury Road, London NW9 9HE.

Every care has been taken to ensure that the photographic representation, description and specification of each product are accurate. However, while the reproduction of colors is a close representation, a slight variation in the actual goods may occur. We are therefore unable to guarantee that the product images you see are an accurate representation of the actual merchandise. Before you place an order you should read these terms and conditions carefully as they contain important information about your order.

Online Shopping

By submitting an order to us through our website, you represent and warrant that the payment details provided on your order are valid and correct, and that when your order is accepted and processed by us, payment will be made in full. By placing an order you confirm that you are the person referred to in the Billing details.

Visitors under the age of 18 should not register with this website or submit any information to us.

Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

Non-acceptance of an order may be a result of one of the following:

• The product you ordered being out of stock - see Product Availability
• Our inability to obtain authorization for your payment
• The identification of a pricing or product description error
• Failure to meet the eligibility to order criteria set out in the Terms and Conditions

Shortly after you have placed an order with us by pressing the 'Place Order Button', an email will be sent to you acknowledging the exact details of your order. This email is not an order confirmation or order acceptance from Babajaan.

Should you not receive an acknowledgment within 5 business days, please contact our Babajaan Direct Customer Care Team on (UK) 020 7148 10 50 (outside UK) +44 (0) 20 7148 10 50. Lines are open Monday to Friday UK time zone 9.00am - 6.00pm (closed Saturday and Sunday).

Acceptance of an order placed by you online and the completion of the contract between you and Babajaan will take place when your order is dispatched, unless you have cancelled the order in accordance with the Order Cancellation instructions set out below.

Over the Telephone

A member of our Customer Care Team will be delighted to help you place an order over the telephone, advise you on the range of merchandise we offer on our website and help you with queries about payment.

Babajaan Direct Customer Care team are available on (UK) 020 7148 10 50 (outside UK) +44 (0) 20 7148 10 50. Lines are open Monday to Friday UK time zone 9.00am - 6.00pm (closed Saturday and Sunday).

Where you place an order over the telephone, you will be given a Babajaan customer reference number as an acknowledgement of your order. Your order is not accepted at this stage. We accept your order for an item ordered over the telephone at the point of your order being dispatched, unless you have cancelled the order in accordance with the order cancellation instructions set out below.

Telephone calls may be recorded for security and service monitoring purposes.

When an order is placed, we request pre-authorization for the value of the order from your bank/card issuer to ensure that the funds are available. However, this remains simply a pre-authorization request until the order is shipped, at which point we actually take payment.

We have found that some card companies show the initial request and the later charge as two separate entries please be assured that we only charge your card once and that any 'second' charge is only temporary and will shortly disappear.

If you have any further queries, please contact your bank/card issuer.

Privacy Policy

We do not store credit card details nor do we share customer details with any 3rd parties.

When you place orders online or by telephone, we collect certain personal and transactional information, name, address, email address, credit/debit card details from you. For details on how we use this information, please read our Security and Privacy policy.

To fulfill our obligations to you under these Terms and Conditions, we communicate with you by email and by posting notices on the website. You agree to receive communications from us electronically in this way and that electronic communications will satisfy any legal requirement for communications to be in writing.

To cancel an order

If you wish to cancel your order placed online or over the telephone, please contact our Babajaan Customer Care Team on (UK) 020 7148 10 50 (outside UK) +44 (0) 20 7148 10 50. Lines are open Monday to Friday UK time zone 9.00am - 6.00pm (closed Saturday and Sunday).

• Forwarding your acknowledgement email to us at customercare@babajaancollection.com stating your intention to cancel the order.
• Alternatively, you may cancel your order by returning the goods along with the completed Returns Form within 7 days of receipt.
• If you are based in the EU under the Consumer Protection (Distance Selling) Regulations 2000 (DSRs), you have the right to cancel your order with us provided you give us written notice. Notice can be given any time after your order has been placed, up until 7 working days from the day after you received you order.

Notice of contract cancellation under the DSRs must be given in writing to:

Notice of Contract Cancellation, Babajaan Customer Care, 121 Sloane Street, Suite 7, London SW1X 9BW, or by email to: customercare@babajaancollection.com


For orders cancelled under the DSRs, we will issue you with a full refund including the shipping cost. However, you will need to return the entire order to us by secure means to ensure it reaches us in good condition with original Babajaan seal locker attached to the product, at your own cost.

Cancelled orders should be returned to Babajaan Customer Care, 121 Sloane Street, Suite 7, London SW1X 9BW.

All items must be returned unused and in their original condition, from the original delivery country. We recommend that you insure the return shipment as you are under a duty to take reasonable care of the goods and will be liable for damage to them until we receive them at our warehouse.

In case of dispute, we also recommend you retain proof of sending. Refunds will be issued within 30 days of us receiving your cancellation notice. If we do not receive the cancelled order back, we will arrange to have it collected from you at your cost. 


Please note you may only use your right to cancel the order under the DSRs if you give us formal written notice of cancellation any time after your order has been placed, up until 7 working days from the day after you receive you order, by email or post as described above, i.e. before requesting your RMA (Returns Merchandise Authorization) through your Babajaan account. 
Our free collections service (see below) is not available for orders cancelled under the DSRs.

As an alternative to using your rights under the DSRs, you may cancel your order by returning the goods along with the completed Returns Form within 14 days of receipt.

It may not always be possible to stop an order from being dispatched, as we endeavor to process orders immediately. If your order has already been dispatched please return the order following the instructions contained within the parcel. Please note that your right to return goods does not apply to certain products. Further details are set out in our Returns Policy.

In order to change the details of your order, you must notify us within 30 minutes of your order being placed. Please have the order number to hand. After this time we are unable to amend your order as we endeavor to process orders immediately therefore we would request that you return the goods once they have been delivered - please see our returns procedure.

Returns Policy

The Returns Policy is for goods purchased on the website or over the telephone or by fax, email or post.

Unwanted goods may be returned for a refund. Please return them in their original condition, unused (with their original packaging), with all labels and Babajaan garment tags and seal lockers still attached within 14 days of receipt of your goods using the Returns Form provided.


The following items may not be returned:

• Personalized items or goods which have been made to a customer's specification;

Unfortunately, due to hygiene reasons, earrings cannot be exchanged or refunded unless faulty.

Swimwear


Briefs, swimming costumes and bikini bottoms should be tried on over underwear, without removing the protective Babajaan adhesive strip, labels, product tag and Babajaan seal locker. Returns may not be accepted if this strip has been removed or if items are soiled, and may be sent back to the customer.




Faulty goods


Goods are faulty if they are received damaged or where a manufacturing fault occurs within six months of purchase. Items that are damaged as a result of normal wear and tear are not considered to be faulty. 
If you would like to exchange a faulty item instead of obtaining a refund, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items. If it cannot be repaired or the same product is not available, you are entitled to a full refund.




Colors


We have made every effort to display as accurately as possible the colors of our products that appear on www.babajaancollection.com. However, as computer monitors vary, we cannot guarantee that your monitor's display of any color will be completely accurate.

Please ensure you return the goods to us in their original packaging. Although your statutory rights, as a consumer will not be affected, the goods are second hand without the packaging and we may not therefore be able to exchange them voluntarily. You can take the goods out of the packaging to try them out, but don't throw it away and please return it with your goods.

Refunds will be made for the original purchase amount against the original form of tender. Free returns are available where deliveries have been made to the UK Mainland and a Standard; Next Day or Saturday delivery service was selected. Please note that in all other cases postage or other return costs will be the customer's responsibility except in the case of damaged, faulty or incorrectly supplied goods.

When returning goods on which you have received a discount or special offer, that discount/offer will no longer apply if you fall below the discount/offer threshold and the refund will be adjusted accordingly. Additionally any free promotional gift issued with an order must also be returned if you are returning those goods.

None of the above terms affect your statutory rights or your rights under the Consumer Protection (Distance Selling) Regulations when goods are faulty or incorrectly supplied. In the unlikely event of this being the case please return the goods to us.

Returns Procedure

Babajaan offers free returns on all UK Mainland Standard or Next Day or Saturday deliveries. This excludes International Delivery, deliveries which incur a special delivery charge and deliveries from third party suppliers.

To return unsuitable purchase(s) free of charge, apply the enclosed free returns label to your parcel and post the package at your Post Office. We strongly recommend that you retain your receipt from the Post Office until you have received credit for your return. We regret that we cannot be held responsible for non-delivery of returned goods.

All returns should be sent to

Babajaan Ltd, 121 Sloane Street, Suite 7, London SW1X 9BW, United Kingdom.
If you would like to discuss the return of any item, or have any further questions about our returns policy please contact a member of our Babajaan Customer Care Team on (UK) 020 7148 10 50 (outside UK) +44 (0) 20 7148 10 50. Lines are open Monday to Friday UK time zone 9.00am - 6.00pm (closed Saturday and Sunday).

Pricing Policy

Prices shown on the Site are in GBP, US Dollars or Euros and are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in the top left hand corner of the Site. 
All prices and offers remain valid as advertised from time to time.

The GBP, US Dollars or Euros price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error. 
Product prices are set at the beginning of each season using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period. 
Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served, as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from TNT or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion. 
If you are a customer whose credit/debit card is not denominated in Sterling, US Dollars or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Product Availability and Information

We feature products on our website that have been carefully selected for Online Shopping. Once an item is sold out it, will be taken off the website at the earliest opportunity and may not be available again. Prices of products may change from time to time. If items that you order are out of stock, subject to a delay or the price is higher than that shown on your order, we will try to contact you at the email address or telephone number you provided when placing your order. If we cannot contact you or receive no response to an email we send to you, we will cancel the part of your order that is unavailable or incorrectly priced, and will continue to process the remaining items on your order (where applicable). All items are subject to availability. If, due to unforeseen circumstances, it is necessary to substitute an item, the item will be of equal or greater value than that which it replaces and substitutions will only be made with your prior consent. If a replacement item is of greater value you will be liable to pay for the difference in values.

Delivery Information

Please note that the below delivery information applies only to orders placed online through www.babajaancollection.com, telephone or email orders made through Babajaan Customer Care.

Delivery Timing

Please note Babajaan cannot guarantee specific delivery dates and therefore, subject to specific, please allow up to 5 working days for delivery within UK and 12 working days for Channel Islands and International delivery unless alternative dates are stated in the product description. This is subject to goods being in stock and payment authorization. We are unable to guarantee delivery earlier than this time frame.

Shipping Information UK

The following delivery charges apply to UK addresses:
Special Next Day Express Delivery – any time next day delivery for orders placed between 8am to 1pm. excluding Saturdays and Sundays or bank holidays
£ 12

International delivery time and costs

-- Please Select -- Afghanistan Åland Islands Albania Algeria American Samoa Andorra Angola Anguilla Antarctica Antigua and Barbuda Argentina Armenia Aruba Australia Austria Azerbaijan Bahamas Bahrain Bangladesh Barbados Belarus Belgium Belize Benin Bermuda Bhutan Bolivia Bosnia and Herzegovina Botswana Bouvet Island Brazil British Indian Ocean Territory British Virgin Islands Brunei Bulgaria Burkina Faso Burundi Cambodia Cameroon Canada Cape Verde Cayman Islands Central African Republic Chad Chile China Christmas Island Cocos [Keeling] Islands Colombia Comoros Congo - Brazzaville Congo - Kinshasa Cook Islands Costa Rica Côte d’Ivoire Croatia Cuba Cyprus Czech Republic Denmark Djibouti Dominica Dominican Republic Ecuador Egypt El Salvador Equatorial Guinea Eritrea Estonia Ethiopia Falkland Islands Faroe Islands Fiji Finland France French Guiana French Polynesia French Southern Territories Gabon Gambia Georgia Germany Ghana Gibraltar Greece Greenland Grenada Guadeloupe Guam Guatemala Guernsey Guinea Guinea-Bissau Guyana Haiti Heard Island and McDonald Islands Honduras Hong Kong SAR China Hungary Iceland India Indonesia Iran Iraq Ireland Isle of Man Israel Italy Jamaica Japan Jersey Jordan Kazakhstan Kenya Kiribati Kuwait Kyrgyzstan Laos Latvia Lebanon Lesotho Liberia Libya Liechtenstein Lithuania Luxembourg Macau SAR China Macedonia Madagascar Malawi Malaysia Maldives Mali Malta Marshall Islands Martinique Mauritania Mauritius Mayotte Mexico Micronesia Moldova Monaco Mongolia Montenegro Montserrat Morocco Mozambique Myanmar [Burma] Namibia Nauru Nepal Netherlands Netherlands Antilles New Caledonia New Zealand Nicaragua Niger Nigeria Niue Norfolk Island Northern Mariana Islands North Korea Norway Oman Pakistan Palau Palestinian Territories Panama Papua New Guinea Paraguay Peru Philippines Pitcairn Islands Poland Portugal Puerto Rico Qatar Réunion Romania Russia Rwanda Saint Barthélemy Saint Helena Saint Kitts and Nevis Saint Lucia Saint Martin Saint Pierre and Miquelon Saint Vincent and the Grenadines Samoa San Marino São Tomé and Príncipe Saudi Arabia Senegal Serbia Seychelles Sierra Leone Singapore Slovakia Slovenia Solomon Islands Somalia South Africa South Georgia and the South Sandwich Islands South Korea Spain Sri Lanka Sudan Suriname Svalbard and Jan Mayen Swaziland Sweden Switzerland Syria Taiwan Tajikistan Tanzania Thailand Timor-Leste Togo Tokelau Tonga Trinidad and Tobago Tunisia Turkey Turkmenistan Turks and Caicos Islands Tuvalu Uganda Ukraine United Arab Emirates United Kingdom United States Uruguay U.S. Minor Outlying Islands U.S. Virgin Islands Uzbekistan Vanuatu Vatican City Venezuela Vietnam Wallis and Futuna Western Sahara Yemen Zambia Zimbabwe

Important Shipping Information

Please make sure that the shipping address is correct, as we're unable to redirect orders once they are on their way to you

Before we can dispatch your purchases, we may need to confirm your details with your card issuer. We will do our best to keep delays to a minimum

Our delivery time starts from the moment an order is accepted and includes a 24 hour period where your items will be processed and dispatched by our warehouse. Please note this can take longer during our sale periods when it may take up to 48 hours for shipments to be dispatched

We work closely with our shipping partner to minimize the potential impact of custom delays on our international customers.

Deliveries to Brazil


Purchases shipped to Brazil require a tax ID number (Cadastro de Pessoa Fisica - CPF) in order to clear customs. To speed up the process and avoid any possible delays, please have this information available when our shipping partner, TNT contacts you.

Free Shipping Promotions

Please note that free shipping promotions will be applied to your order on the payment page as from time to time Babajaan runs free shipping promotions.

Insurance

Babajaan insures all purchases during the time it is in transit until it is delivered and signed for.

Babajaan Website & Intellectual Property

We may change the Babajaan website and correct or update information (including product information) on it or change these terms and conditions at any time without notice.

Except in relation to the description of products and services available for order from our website, we do not guarantee and are not responsible for the accuracy of any information provided on the website.

You may access and use the website for your personal, non-commercial use.

Your use of the Babajaan website and its contents grants no rights to you in relation to any copyright, designs, trademarks, any graphics, photographs, including all image rights, sounds, music, video, audio or text on this website and all other intellectual property and material rights relating to the contents, including Babajaan Software and all HTML and other code contained in this website. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this website are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the content only as expressly authorized by Babajaan.

You must not transmit through or to our website any defamatory, threatening, obscene, distressing, harmful or pornographic material or material which may infringe upon the rights of others (including intellectual property rights, rights of confidentiality or rights of privacy) or which does not comply with all relevant laws.

Any reproduction or redistribution of the above listed content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy only for the purposes of viewing the content for your own personal use.

Babajaan does not represent or warrant that the material contained in the website, any of the functions of the website and the server will operate without interruption or delay or will be error-free, free from defects, viruses or bugs or compatible with any other software or material. The website is provided "as is". Accessing the website is entirely at your own risk.

Babajaan website may include links to third party web sites ("Third Party Site(s)") from time to time, you acknowledge and agree that we will not be responsible for the availability of such Third Party Sites and will not be responsible or liable for any content or services available from such Third Party Sites, you should check the privacy statements and terms and conditions of use of Third Party Sites accessible from this website.

Liability and Indemnity

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents. 
Nothing in the Terms and Conditions is intended to affect your rights under the law. If Babajaan breaches the Terms and Conditions we shall only be liable for losses that are direct losses and a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, you and Babajaancollection.com at the time of you placing your order, and Babajaancollection.com dispatching your order could contemplate them.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us, loss of profits or loss of opportunity). 
We are also not responsible for failure to meet any of our obligations under the Terms and Conditions where such failure is due to events beyond our reasonable control. 


You agree to indemnify us and our agents and officers, directors and employees, immediately on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you.

We may terminate your use of the website immediately if we consider that you have breached these Terms and Conditions.

Jurisdiction

The Babajaan website and telephone orderline are controlled and operated in the UK. These Terms and Conditions and all matters connected with any order you place on our website or over the telephone are governed by English law and you agree to submit to the exclusive jurisdiction of the English courts in relation to all matters connected with or arising out of the website or your use of customer services or any order you place on the website or through the Babajaan orderline.