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Babymad Fertility Products - Pregnancy & Ovulation Tests, Male Fertility Tests, PreSeed, Zestica and many more Fertility Products

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Babymad Communications Terms & Conditions of Business

NONE OF OUR TERMS AND CONDITIONS AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER

Our Contract

1.1 These Terms and Conditions govern the supply of goods sold by Babymad (?we? and ?us?) to the customer (?you?) and constitute the entire and only agreement between us in relation thereto.

1.2 All orders placed are subject to acceptance by us by delivery of the goods to you at which point a legally binding contract is constituted between us. The processing of your payment and acknowledgment of your order does not constitute legal acceptance of your order.

Terms & Conditions
Thank you for visiting the Babymad website. By using the website you agree to be bound by the terms and conditions set out below. We make changes to the site, terms and conditions and details displayed on it, so review the terms and conditions regularly for updates and changes. The use of the website shall be deemed to be your acceptance of these updates and changes and when placing an order the acceptance of the terms and conditions must be renewed.

Babymad will not be liable to you where we are unable to meet any of our obligations to you as a result of any circumstances or cause beyond our control. These terms and conditions and any contract between us shall be governed by and construed in accordance with English law and the English courts shall have jurisdiction over any disputes between us.

Disclaimer
Your use of the Babymad website ("Site") is at your own risk. The information given on the Site is for guidance only and we give no warranty as to the accuracy, completeness or relevance of this information. We give no guarantee, warranty or undertaking that any products you wish to purchase ("Products") will remain available or will meet your requirements, or that access to the Site will be or remain secure, uninterrupted or error free. It shall be your responsibility to ensure that the Products meet your specific requirements. The ranges of products are for demonstrative purposes only and are indicative of what may, or may not be in stock within the Babymad at any time. The products shown on this website are in stock as at the time of site content preparation and update, but are subject to availability thereafter. Babymad shall not be held liable to any individual or business for any damage or loss which may have occurred from the use of any matter contained on this website .

Price & Payment
2.1 The price payable for the goods you order is as set out on our web site at the time you place your order.

2.2 We reserve the right to change the price but we will confirm the prevailing price with you before accepting your order. We are not obliged to accept your order for such goods and may decline it or limit the order quantity.

2.3 Occasionally an error may occur with our web site and goods may be incorrectly priced in which circumstances we will not be obliged to supply the goods at the incorrect price.

2.4 We must receive payment for the whole of the price of the goods you order, and any applicable charges for delivery, before your order can be processed unless we have agreed otherwise in advance in writing.

Privacy Data Protection
Babymad utilizes the latest in Secure Server Technology to ensure that all personal and transactional information is protected to the highest standards. We never ever make your personal details available to companies outside Babymad for marketing purposes, although our representatives may hold your data so that your details and/or order can be processed and/or account maintained.

Third Party Sites
You may be entitled to link from the Site to the websites of third parties ("Third Party Sites") or from Third Party Sites to the Site. We have no control over such Third Party Sites and therefore cannot accept responsibility for the material that is accessible from such sites and cannot guarantee that such sites will remain available for access. In particular, we have no liability to you in respect of any loss or damage that you may incur through purchasing products or services from Third Party Sites or placing relevance upon any information or material accessible on such sites or as a consequence of you being unable to link to Third Party Sites from our Site or from our Site to Third Party Sites

Intellectual Property Rights
All copyright, database rights, trademarks and any other intellectual property rights in and to the content on this website, such as text, graphics, logos, banners, images, buttons, underlying source code and software, is the sole property of Babymad, or the applicable licensor.
Any use (including copying, reproduction, duplication, transmission, or display of the content of this website, without the express written permission of Babymad) for purposes other than the viewing of information or for ordering purposes, is strictly prohibited.
Permission is granted to electronically copy, and to print in hard copy, portions of this website for the sole purpose of placing an order with Babymad or using this website as a shopping resource.

Couriers and Other Agents
Babymad.com out sources some delivery and collection arrangements to couriers or other agents. Accordingly, Babymad.com shall not be liable for any damage suffered or loss incurred by reason of any acts or omissions of the deliverer, its directors, employees, sub-contractors, agents, representatives and/or affiliates.

Product Availability
If any of the goods you order are not available for whatever reason, we will attempt to inform you of this by email or telephone, and if you wish we will cancel your order and refund you anything that you have paid to us.

Product Dispatch
All goods are dispatched subject to clearance of funds, verification of prescription validity and stock availability. Free UK delivery is by Royal Mail First Class post only and should take about 3-5 working days to arrive. We aim to dispatch goods on the same working day upon receipt of your order if ordered before 5pm, otherwise it will be the next working day. Orders placed after 5pm on Friday up to 11am Sunday morning are posted at noon on Sunday. Orders placed after 11am Sunday are posted Monday morning.

Events Beyond our Control
We shall have no liability to you for any failure to deliver goods you have ordered, or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

Liability
If the goods we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing (e.g. by email) at our contact address of the problem within 10 working days of the delivery of the goods in question.

If you do not receive goods ordered by you within 21 days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 31 days of the date on which you ordered the goods.

If you notify a problem to us under this condition our only obligation will be, at your option:-
a) to make good any shortage or non-delivery,
b) to replace or repair any goods that are damaged or defective, or
c) to refund to you the amount paid by you for the goods in question in whatever way we choose.

Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under paragraph c) above.

You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchased.

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

Remittance Terms
All goods remain the property of Babymad until paid for.

Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.

Making A Purchase
Making a purchase couldn't be easier. Just browse our catalogue and add items to your cart. After you have finished your selection, click on "View Cart" and you will be asked for the few details that we need to be able to satisfy the order.

If in the exceptional circumstance that we take your order for an item, but run out of stock prior to your order being dispatched, we will backorder for you. We will endeavour to email you with the option to cancel your order if you would rather not wait.

We accept Visa (including Visa Electron), Solo, Maestro (Switch) and MasterCard. You can also pay by cheque or from your Paypal account.

We trade in sterling (GBP). Any figures shown on the website in other currencies are for guidance only. Check with your card issuer for their rates and fees for international transactions.

Cards keyed online are automatically debited at the time of purchase.

Please note that all purchases must be made online using our website. We cannot accept orders received by post.

You may only place orders and make communications with us in English, and all contracts concluded between us will be in English.

Governing Law
This contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have jurisdiction to resolve any disputes between us.

General Jurisdiction Disclaimer
This site is targeted at residents of the European Economic Area and the Channel Islands. If you are not a resident of the European Economic Area or the Channel Islands do not use this site. In listing your place of residence and delivery address in our order form, you are representing to us that you are a resident of the European Economic Area or the Channel Islands. This is a representation on which we rely prior to accepting your offer to purchase our advertised goods and services.

Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

Cancellation by Babymad
We reserve the right to cancel the contract between us if:-

a) we have insufficient stock to deliver the goods you have ordered,

b) we do not deliver to your area, or

c) one or more of the goods you have ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.

If we do cancel your contract we will notify you by e-mail and we will re-credit your account with any sum deducted by us from your credit card as soon as possible, but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.

Credit Card Security
Online credit card transactions are handled securely by specialised payment processors. They comply with the Payment Card Industry (PCI) Data Security Standards (DSS) and are externally audited in this respect.

Complaints Procedure

In the unlikely event that you have a complaint concerning an order through Babymad.com please Email info@babymad.com. We will normally acknowledge receipt of your email within 1 working day.

A senior manager at Babymad will personally deal with your complaint and you will be kept informed during all stages of the complaints procedure.

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