Terms of service

1 WELCOME AND INTRODUCTION

 

1.1 Babu Clothing Ltd (“Babu Clothing”, BABU,” “we,” “us,” or “our”) welcomes you. We’re pleased that you have accessed our website located at https://babu.clothing (the “BABU Website”) and our online platform (the “BABU Platform”), which is accessible through the BABU Website.

 

1.2 We provide Visitors (as defined below) with access to the BABU Website subject to these terms and conditions. By browsing the public areas of the BABU Website, you acknowledge that you have read, understood and agree to be legally bound by these terms and conditions, including our Privacy Policy, which is available on the BABU Website and is hereby incorporated by reference (collectively, the “Terms and Conditions”).

 

1.3 IF YOU DO NOT AGREE TO ANY OF THESE TERMS, THEN PLEASE DO NOT USE THE BABU WEBSITE AND/OR THE BABU PLATFORM.

 

1.4 We reserve the right to review and amend any of these Terms and Conditions from time to time with or without notice to you.

 

1.5 Capitalised terms shall have the meanings ascribed to them below or elsewhere in these Term and Conditions.

 

“Buyer”

 

means any person buying services over the BABU Platform;

 

“Customers”

 

means Customers and Buyers;

 

“Inventory” or

“Inventory Items”

 

means fashion items or items of clothing listed or otherwise made available for rent over the BABU Platform.

“Replacement Value”

means the acquisition value of Inventory Items including taxes, fees, charges, and reasonable expenses incurred for such acquisition.

“Suitable Alternative”

means an Inventory Item which, acting reasonably, BABU considers to be suitable for the intended use, occasion and rental period, taking into account (without limitation):

product category (e.g. outerwear, ski suit, jacket, trousers, occasionwear, knitwear, accessories);

functionality and technical performance where applicable;

overall quality and condition; and

availability in the required size for the required rental period.

A Suitable Alternative may be of equal or greater retail value and may be from a different brand, collection, colour or style.

 

“Wear & Tear Insurance”

 

means a service provided by Babu to its Customers to repair normal wear and tear of products, including without limitation, minor stains, rips, missing beads, stuck zippers or other minor damage to a product. This service is included in the product rental prices.

 

“Customer”

 

means any person renting Inventory Items over the BABU Platform;

 

“Visitor”

 

means any person accessing or making use of the BABU Website.

 

2 THE BABU PLATFORM

 

Description and Use

 

2.1 The BABU Platform provides Customers with the ability to rent Inventory Items.

 

2.2 Customers can search for designer Inventory Items they wish to rent. Once a Customer has identified Items he or she wishes to rent, the Customer can reserve those items by placing an order via the BABU Platform.

 

2.3 Babu Clothing is under no obligation to accept any individual as a Customer and may accept or reject any order in its sole and complete discretion.

 

Right to Use the BABU Platform

 

2.4 Subject to these Terms and Conditions, Babu Clothing grants you during the term of these Terms and Conditions a non-transferable, non-exclusive right, without the right to sublicense, to access and use the BABU Platform for your personal use. You will not (and will not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the BABU Platform; or (ii) introduce into the BABU Platform any virus, worm, “back door,” Trojan Horse, or similar harmful code. If you violate this section, Babu Clothing reserves the right in its sole discretion to immediately deny you access to the BABU Platform, or any portion of thereof, without notice. Babu Clothing reserves the right to change the availability of any feature, function, or content relating to the BABU Platform, at any time, without notice or liability to you.

 

BABU Platform Rules

 

2.5 The BABU Platform functions best when its Visitors act in good faith and follow a few simple rules. By visiting the BABU Website, and/or accessing and/or using the BABU Platform, you hereby agree to comply with the following rules:

 

2.5.1 You will comply with all applicable laws in your use of the BABU Website and/or the BABU Platform and will not use the BABU Website and/or the BABU Platform for any unlawful purpose;

 

2.5.2 You will not access or use the BABU Website and/or the BABU Platform to collect any market research for a competing business;

 

2.5.3 You will not upload, post, e-mail, transmit, or otherwise make available any content that:

 

(i)    infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or

 

(ii)   is threatening, tortious, defamatory, libellous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or

 

(iii)  discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information;

 

2.5.4 You will not “stalk” or otherwise, in any way, harass any other person or group of people;

 

2.5.5 You will not use any robot, spider, scraper, or other automated means to access the BABU Website and/or the BABU Platform for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the BABU Website and/or the BABU Platform for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials;

 

2.5.6 You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and

 

2.5.7 You will not interfere with or attempt to interrupt the proper operation of the BABU Website and/or the BABU Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data mining, or any other means.

 

2.6 We reserve the right, in our sole and absolute discretion, to deny any person access to the BABU Website and/or the BABU Platform, or any portion of the BABU Website and/or the BABU Platform, without notice, and to remove any content that does not adhere to these guidelines. We also reserve the right, in our sole and absolute discretion, to change or remove information from your profile that does not adhere to these guidelines or is otherwise deemed to be offensive in our sole discretion.

 

Age Restrictions

 

2.7 Children under the age of 13 may not use the BABU Platform and parents or legal guardians may not agree to these Terms and Conditions on their behalf. Children under 18 years of age but at least 13 years of age may be Visitors and may access the BABU Website and BABU Platform under the supervision of parents or legal guardians who agree to be bound by these Terms and Conditions on their behalf, but such children may not rent any Inventory Items. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 13 and 18, you are fully responsible for his or her use of the BABU Platform and the rental of any Inventory Items, including all legal liability he or she may incur.

 

Intellectual Property

 

2.8 The BABU Website and the BABU Platform contain materials, such as software, text, graphics, images, sound recordings, audio-visual works, and other materials provided by or on behalf of Babu Clothing (collectively referred to as the “BABU Content”). The BABU Content may be owned by us or by third parties. The BABU Content is protected under both United Kingdom and foreign laws. Unauthorised use of the BABU Content may violate copyright, trademark, and other laws. You have no rights in, or to, the BABU Content, and you will not use the BABU Content except as permitted under these Terms and Conditions. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original BABU Content on any copy you make of the BABU Content. You may not sell, transfer, assign, license, sublicense or modify the BABU Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the BABU Content in any way for any public or commercial purpose. The use or posting of the BABU Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

 

2.9 If you violate any part of these Terms and Conditions, your permission to access and/or use the BABU Content and the BABU Website and the BABU Platform automatically terminates, and you must immediately destroy any copies you have made of the BABU Content.

 

2.10 The trademarks, service marks, and logos of Babu Clothing (“Babu Clothing Trademarks”) used and displayed on the BABU Website and BABU Platform are registered and unregistered trademarks or service marks of Babu Clothing. Other company, product and service names located on the BABU Website and the BABU Platform may be trademarks or service marks owned by others (the “Third-Party Trademarks”, and, collectively with the Babu Clothing Trademarks, the “Trademarks”). Nothing on the BABU Website and the BABU Platform should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Babu Clothing Trademarks inures to our benefit.

 

2.11 Elements of the BABU Website and the Platform are protected by trademark, unfair competition and other laws of England and Wales (and elsewhere) and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the BABU Content may be retransmitted without our express, written consent for each and every instance.

 

2.12 If you believe that your content has been copied on the BABU Website and/or the BABU Platform in a way that constitutes copyright infringement, please provide us with notice, including (i) a description of the copyrighted work that has been infringed and the specific location on the BABU Website and/or the BABU Platform where such work is located; (ii) a description of the location of the original or an authorised copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorised to act on behalf of the owner of the copyright interest.

 

External Sites

 

2.13 The BABU Website and the BABU Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

 

Compliance with Applicable Laws

 

2.14 The BABU Website and the BABU Platform are based in the United Kingdom. We make no claims concerning whether the BABU Content may be downloaded, viewed, or be appropriate for use outside of the United Kingdom. If you access the BABU Website, the BABU Platform or the BABU Content from outside of the United Kingdom, you do so at your own risk. Whether inside or outside of the United Kingdom, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

 

Copying and Reproducing BABU Website

 

2.15 You are permitted to use the BABU Website for your own purposes and to print and download material from this BABU Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

 

2.16 The copyright and other intellectual property rights in all material on this BABU Website are owned by us or our licensors and must not be reproduced without our prior consent.

 

BABU Website Uptime

 

2.17 We take all reasonable steps to ensure that the BABU Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and other technical issues. We will not be liable if this website is unavailable at any time.

 

2.18 The BABU Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give Visitors advance warning of maintenance issues but shall not be obliged to do so.

 

3 TERMS AND CONDITIONS APPLICABLE TO CUSTOMERS

 

A GENERAL

 

Age Restrictions

 

3.1 Inventory may be rented for use by individuals under 18 years of age, but we rent only to adults aged 18 or older, who may rent Inventory Items with a payment card or other approved payment method. By agreeing to these Terms and Conditions, you represent that you are 18 years or older and that you are authorised to use the chosen payment method (including, without limitation, credit cards) for the purpose of renting the Inventory Items as described in these Terms and Conditions.

 

Order Limits

 

3.2 You acknowledge and agree that we may place limits on the rental of Inventory Items, including but not limited to restricting orders placed under a single customer account, payment card or billing or shipping address. We reserve the right to limit, cancel or prohibit any rentals of Inventory Items for any reason in our sole discretion, including but not limited to availability and geographic concerns.

 

Delivery

 

3.3 All deliveries will be through BABU’s shipping partners, which may change from time to time at our discretion. We will, through the BABU Platform, through our shipping partners or otherwise, provide you with information about estimated delivery and arrival times of Inventory Items. BABU reserves the right to charge the Customer for the entire cost of shipping at any time.

 

Making Payments via STRIPE

 

3.4 Customers will also be entitled to make payments for Inventory Items via STRIPE. For users of STRIPE, the STRIPE Connected Account Agreement, which includes the STRIPE Terms of Service (available here https://stripe.com/gb/legal) (together the “STRIPE Services Agreement”) is applicable to you and by accepting these Terms and Conditions you are agreeing to be bound by the STRIPE Services Agreement as well. By agreeing to make a payment via STRIPE, you represent and warrant to us that any details and information you provide to us are neither fraudulent nor inaccurate and you authorise us to share such details and information with STRIPE.

 

Non-Payment

 

3.5 If you do not pay the amounts you owe to us when due, then we may need to institute collection procedures. You agree to pay our costs of collection, including without limitation reasonable legal fees.

 

B RENTALS

 

The following additional conditions apply to Customers for the rental of any Inventory Items.

 

Rental Fee

 

3.7 The rental fee (“Rental Fee”) for a rented Inventory Item will be the total of the rental charges and the delivery charges listed on the BABU Website for your rental of the Inventory Items. When you place your rental order for an Inventory Item, you hereby authorise us (or our payment services provider) to charge your payment card for the Rental Fee. We will charge your payment card the amount of the Rental Fee immediately upon your rental order. A reservation of Inventory Items on the BABU Website is an order for the rental of those Inventory Items, regardless of how far in advance those Inventory Items are reserved.

 

3.8 In addition, you hereby authorise us (or our payment services provider) to, charge your payment card for an amount equal to 100% of the BABU Clothing acquisition value of the Inventory Item(s) as determined by BABU in its sole discretion (the “Replacement Value”). You should not place a rental order for an Inventory Item unless you have sufficient funds in the account to which the payment card relates to cover the Replacement Value as well as the Rental Fee. We reserve the right (and you hereby authorise us to) charge your payment card for any amount up to the Replacement Value of the Inventory Item at any time where such amount is due and payable under these Terms and Conditions.

 

Cancellation Policy

 

3.9 You may cancel your rental order a minimum of 30 days in advance of your chosen Delivery Date. In order to do so, you must submit a cancellation request by email to concierge@babu.clothing. Your email must be clearly headed with the words “CANCELLATION OF RENTAL ORDER” in the subject line.

 

Delivery and Shipping Addresses

 

3.11 We will despatch your rented Inventory Items to your Secure Shipping Address (defined below) for delivery by your chosen delivery date. You will receive tracking details via email once the Inventory Items have been despatched. You will be responsible for tracking the shipment and rearranging delivery for an appropriate day where necessary. If your rented Inventory Items are going to arrive after your chosen delivery date, BABU will endeavour to find a reasonable resolution dependent on the individual circumstances. This may be a full refund, part refund, or rental period extension.

 

3.12 Upon delivery, you bear responsibility for the Inventory Items.

 

3.13 You acknowledge that a Secure Shipping Address is highly recommended. A “Secure Shipping Address” means a location where an individual can physically receive Inventory Items. If an un-secure shipping address is provided, BABU does not bear liability for Inventory Items left unattended. A designated "Safe Place" provided to the courier in the event that you are unavailable to receive the Inventory Items in person, constitutes an un-secure shipping address. Furthermore, you acknowledge that providing anything other than a Secure Shipping Address may result in loss or theft of Inventory Items, for which you will be liable to pay the Replacement Value. Provision of an un-secure shipping address may also result in delivery delays and additional delivery fees for which BABU will not be liable. You will be liable for all such delays and additional delivery fees. We will not deliver Inventory Items (or any correspondence) to PO Box addresses in the United Kingdom.

 

Use of the Inventory Collections & Customer Liability

 

3.14 The Inventory Items we send to you will be cleaned and delivered ready to wear. While we will clean and inspect each Inventory Item we send to you, use of each Inventory Item is at your own risk and BABU shall not be held liable for any health-related complaints associated with any Inventory Items.

 

3.15 You agree to treat each Inventory Item with great care and to return them to BABU in the same overall condition they were in when you received them. You are responsible for loss, destruction or damage to the Inventory Items due to theft, mysterious disappearance, fire, major stains or any other cause, other than normal wear and tear. Normal wear and tear encompasses minor stains, missing beads, stuck zippers or other minor damage, and is covered by our Wear & Tear Damage Insurance. If you return an Inventory Item that is damaged beyond normal wear and tear, then you agree that we shall charge you, and you shall pay, for the price for repairing or replacing the Inventory Item, as determined in our discretion, up to the Replacement Value for the Inventory Item (on top of any applicable Rental Fees).

 

3.16 Customers shall not allow any other individual to wear or use rented Inventory Items in any way. In the event any damage is done to the Inventory Items or the Inventory Items are lost during the time of their rental, the Customer is responsible for paying the applicable damages which may include the full Replacement Value of the damaged or lost Inventory Items (on top of any applicable Rental Fees). Babu has the sole and absolute discretion to determine an appropriate Replacement Value for any product, and the figure determined by Babu shall be binding. If you are unsure what the Replacement Value of the product is, please contact Babu for the replacement value before booking your rental. DO NOT RENT AN INVENTORY ITEM UNLESS YOU HAVE SUFFICIENT FUNDS TO COVER THE REPLACEMENT VALUE.

 

Return of Inventory Items

 

3.18 When you rent an Inventory Item, your rental period will commence on your chosen Delivery Date and will last for the period you have agreed with BABU at the time of rental. You are responsible for safely return shipping your rented items in secure protective packaging no later than the specified Return Date. BABU requires you to return Inventory Items using a tracked, fully insured, next day delivery service using a known courier. If Inventory Item are not shipped for over 7 calendar days after the Return Date, your late return will be considered a non-return and the corresponding fees will apply (See Section 3.23).

 

3.19 With delivery of the Inventory Items, BABU will provide a packing slip detailing instructions for the Customer's use in returning the Inventory Items to BABU.

 

3.20 Upon shipping, the Customer must provide BABU with the tracking details for the return. BABU will not be responsible for any delays resulting from external shipping providers, missed collections or other unforeseen events. 

 

3.21 We are not responsible for any personal or other items returned with the Inventory Items. If you believe you have accidentally or otherwise sent us any such items, please contact us as soon as possible at concierge@babu.clothing. Our staff may assist in attempting to locate such items at a customer’s request but are not obligated to and assume no liability for doing so.

 

Extensions

 

3.22 You may request to extend your order for Inventory Items by e-mail or WhatsApp to BABU, provided that any extensions are subject to other orders for those Inventory Items and to pre-payment of the additional Rental Fee applicable to those Inventory Items for the period of time of the extension.

 

Late Fees

 

3.23 If you ship a return Inventory Item late (more than one (1) calendar day after your specified Return Date), you will automatically be charged for an additional rental period, and you agree to pay such Rental Fees. The additional Rental Fees will be charged to the payment card you used to place your order or to any other payment card included in your profile information that you have provided to BABU. Failure to return the Inventory Item by the new Return Date, will be deemed acknowledgement of loss of the Inventory Item, and you will be liable to be charged the Replacement Value.

 

Maximum Charges

 

3.24 Upon the event of the loss of Inventory Items, BABU will not charge you for more than an amount equal to 100% of the Replacement Value plus the Rental Fee, in the aggregate, for any charges arising under this Section.

 

 

3.25 The following are the limited warranties BABU provides in connection with Inventory Item rentals. BABU’s liability to you for failure to comply with any of these warranties is limited to timely delivery of Inventory Items conforming to the warranties or a refund of the Rental Fee (excluding delivery charges) as determined by BABU.

 

3.26.1 Clean and Ready to Wear. The Inventory Items will be cleaned and delivered ready to wear. While BABU cleans and inspects each Inventory Item with the utmost care, any use of the Inventory Item is at your own risk and BABU shall not be held liable for any health-related complaints associated with any Inventory Item.

 

Sizing Returns. If your Inventory Item does not fit your child, you must notify BABU within 24 hours (excluding Sundays and public holidays) of delivery. Where a like-for-like size exchange is unavailable, BABU will provide a Suitable Alternative in the required size. A refund will be issued only where BABU is unable to provide either a like-for-like exchange or a Suitable Alternative, and only if the Inventory Item has not been worn (as determined reasonably by BABU).

 

Sizing Returns

 

3.27 In the event you have made a rental order and decide to return the Inventory Items you have rented because the sizing does not fit, you must notify BABU of such a decision within 24 hours of receipt of the Inventory Items. The Inventory Items must also be shipped within 24 hours of receipt of the order, using a next day, tracked, fully insured delivery service, and a photographic copy of the tracking receipt must be provided to BABU. Should you indicate your preference for BABU to arrange a home collection, BABU will then arrange a return of the relevant Inventory Items to our HQ and provide confirmation by e-mail. The additional shipping cost will be charged to the original payment method.

3.28 BABU will not always be able to provide a like-for-like size exchange due to stock availability. Where this occurs, BABU will provide a Suitable Alternative in the required size and despatch it using Next Day Guaranteed Delivery. The additional shipping cost will be charged to the original payment method. Customers acknowledge that BABU operates a pre-booked holiday-week rental model and that availability is limited for specific school holiday dates. For this reason, Suitable Alternatives are an essential part of BABU’s sizing resolution process. If the Customer declines a Suitable Alternative, the order will be treated as a cancellation made after the permitted cancellation window and no refund will be due.

3.29 If BABU cannot provide a like-for-like exchange or a Suitable Alternative in the required size due to lack of availability, BABU will issue a refund of the Rental Fee for the affected Inventory Item(s) less third party shipping costs, provided the Inventory Items have not been worn.

 

3.30 Returns will not be accepted, and refunds will not be issued, if BABU determines, in its sole discretion, that the relevant Inventory Items have been damaged or are otherwise in a worse condition than they were in when despatched by BABU.

 

3.31 All returns to Babu Clothing Ltd should be dispatched using a trackable method of delivery. If a tracking number cannot be provided and the return is not received by Babu Clothing Ltd, the customer will be liable for the full replacement value of the Inventory Items.

 

4 TERMS AND CONDITIONS APPLICABLE TO CUSTOMERS

 

COLLECTION OF PRESENTED ITEMS

 

4.1 Arrangements for the collection of any order or consignment of Presented Items (a “Consignment”) from the Customer and for its for transportation to one or more of BABU’s warehouses and/or other locations, will be agreed between the Customer and BABU at the time of each Consignment. Where collections are arranged by BABU, they will be carried out by an appointed and authorised service provider of BABU.

 

4.1.1 On surrendering items to BABU, either by post or collection, it is deemed that all terms and conditions in the Customer Agreement or herein are accepted by the Customer. Pricing agreed over email supersedes the signing of the Customer Agreement and thus the website terms and conditions are in effect.

 

4.2 The Customer shall notify BABU in writing of any Presented Items within any Consignment which the Customer intends to be made available for donation.

 

4.2.1 Any donated items will be transferred to BABU ownership and disposed of or donated to charity, immediately after BABU’s receipt of the items.

 

FAKE, COUNTERFEIT AND STOLEN PRESENTED ITEMS.

 

4.3 BABU is obliged by law to retain and destroy Inventory Items presented to it that are fake or counterfeit. An item is a “fake” if it carries the branding of a designer who did not design it and/or a manufacturer who did not make it. An item is “counterfeit” if it is fake with intention to deceive. If we receive any items that we determine, in our sole discretion, to be fake or counterfeit, we will retain and destroy them and report the provider of the items to the Trading Standards Office.

 

4.4 If we receive any Inventory Items that we determine, in our sole discretion, to be stolen, we will retain the items and notify the Police.

 

4.5 The Customer hereby represents and warrants that that he/she has no reason to believe that any Presented Item is fake, counterfeit, or stolen.

 

4.6 If any Presented Item from the Customer is found to be fake, counterfeit or stolen and BABU incurs any liability from such an item, the Customer acknowledges that the indemnification provisions set forth under “Customer’s Representations and Warranties and Indemnification” shall apply. The Customer’s personal information may be requested by law enforcement personnel, rights owners or their representatives looking to trace the origin of the stolen or counterfeit items. The Customer acknowledges and agrees that it is BABU’s policy that BABU may provide such information in its sole and absolute discretion.

 

 

INITIAL HOLDING PERIOD; RETURN OF PRESENTED COLLECTIONS.

 

4.7 BABU may request the return of any Presented Item at any time, with return shipping fees to be at BABU’s sole expense and all risk of loss in transit to be borne by BABU.

 

Risk of Loss

 

4.8 Except as set forth hereunder, all risk of loss or damage to a Presented Item will pass to BABU when a Presented Item is in BABU’s physical possession.

 

 

4.9 Absent definitive evidence to the contrary, determinations under this Section 4 shall be made in BABU’s sole and absolute discretion. Furthermore, BABU shall not be responsible for any loss or damage that is specifically excluded by BABU’s insurance policy.

 

Title to Inventory Items

 

4.10 Title to and ownership in each Presented Item will remain with BABU until such Presented Item is:

 

4.11.1 lost or stolen from BABU’s stock on hand;

 

4.11.2 damaged beyond reasonable repair or destroyed while in BABU’s possession;

 

4.11.3 transferred to BABU pursuant to paragraph 4.21.2;

 

4.11.4 otherwise not physically present in BABU’s stock on hand.

 

Use of BABU Website and BABU Platform

 

4.12 As a Customer you agree to defend, indemnify, and hold harmless the Babu Clothing Parties (as defined in Section 5 below) from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms and Conditions; (ii) your misuse of the BABU Website and/or the BABU Platform; and (iii) your violation of any third-party right, including without limitation any copyright, trademark, property, or privacy right.

 

4.13 Other than renting, or making available for rent Inventory Items in accordance with these Terms and Conditions, you will not use the BABU Platform to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme.

 

5 NO WARRANTIES/LIMITATION OF LIABILITY

 

NONE OF BABU CLOTHING, ITS AFFILIATES, SUBSIDIARIES, OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “BABU CLOTHING PARTIES”) ENDORSE OR RECOMMEND ANY INVENTORY ITEMS OR CUSTOMERS.

 

NONE OF THE BABU CLOTHING PARTIES HAS ANY RESPONSIBILITY OR LIABILITY WITH RESPECT TO ANY GOOD(S) YOU RENT THROUGH THE PLATFORM OR ANY RESULTS CAUSED BY USING SUCH GOOD(S), INCLUDING WITHOUT LIMITATION, ANY DEATH, OR BODILY INJURY YOU MAY SUFFER.

 

THE BABU WEBSITE, THE BABU PLATFORM, AND THE BABU CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, SAVE AS EXPRESSLY SET OUT IN THESE TERMS AND CONDITIONS. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

 

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW CLAIMS: (I) NONE OF THE BABU CLOTHING PARTIES SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE BABU WEBSITE, EVEN IF SUCH BABU CLOTHING PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE BABU WEBSITE, THE BABU PLATFORM SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE BABU PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

 

THE BABU WEBSITE AND THE BABU PLATFORM MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE BABU WEBSITE AND THE BABU PLATFORM. THE BABU WEBSITE AND THE BABU PLATFORM MAY CONTAIN INFORMATION ON TYPES OF INVENTORY ITEMS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO AN INVENTORY ITEM ON THE BABU PLATFORM DOES NOT IMPLY THAT SUCH INVENTORY ITEM IS OR WILL BE AVAILABLE WHEN YOU WOULD LIKE TO RENT IT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE BABU WEBSITE AND THE BABU PLATFORM AT ANY TIME WITHOUT NOTICE.

 

6 TERMINATION OF THESE TERMS AND CONDITIONS

 

6.1 We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms and Conditions and your access to all or any part of the BABU Website and/or the BABU Platform, at any time and for any reason without prior notice or liability. Notwithstanding the termination of these Terms and Conditions, the following provisions shall remain in full force and effect:

 

6.1.1 The BABU Platform – Intellectual Property;

 

6.1.2 Terms and Conditions Applicable to Customers – Rentals – Rental Fee; Cancellation Policy; Late Fees; Limited Warranties;

 

6.2 We reserve the right to change, suspend, or discontinue all or any part of the BABU Website and/or the BABU Platform at any time without prior notice or liability.

 

7 COMMUNICATIONS

 

Communications to Us

 

7.1 Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production and marketing of products and services that incorporate such information.

 

Communications from Us

 

7.2 You consent to receive communications from us, including email, text messages, calls, and push notifications, including for the purposes of notifying you about the status of your order, sending you reminders, facilitating secondary authentication, and providing other information. We may contact you by telephone calls, and WhatsApp or text messages, including by an automatic telephone dialling system, at any of the telephone numbers provided by you. Standard message and data rates charged by your mobile carrier may apply to the text messages we send you. You may opt out of receiving communications by following the unsubscribe procedures we provide to you. In the case of text messages, you may opt out by replying "STOP" to a text message you receive from us or by emailing concierge@babu.clothing. You acknowledge that opting out of receiving communications may impact your use of the BABU Platform.

 

8 MISCELLANEOUS

 

8.1 These Terms and Conditions are governed by the laws of England and Wales.

 

8.2 Our failure to act on or enforce any provision of these Terms and Conditions shall not be construed as a waiver of that provision or any other provision in these Terms and Conditions. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms and Conditions constitute the entire agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import. These Terms and Conditions will inure to the benefit of our successors, assigns, licencees, and sublicencees.

 

8.3 Company Registration Information. © 2022 BABU CLOTHING LTD. All rights reserved. Registered in England No. 13541195, 20-22 Wenlock Road, London, England, N1 7GU. No parcels will be accepted at this address and any returns and incorrect shipping will be at cost to the sender. All rental delivery and pick up information can be found on the packing slip provided with your order. VAT number 390595661.

 

Copyright 2024 Babu Clothing Ltd. All rights reserved.