Terms and Conditions
Terms & Conditions of Use
1. INFORMATION ABOUT US
babyping.com is a site operated by Y-cam Solutions Ltd (“we”, “us”, “our”). We are a company registered in United Kingdom and our principle place of business is Vision House, 3 Dee Road, Richmond, TW9 2JN, United Kingdom.
2. ACCESSING THE BABYPING WEBSITE
- Access to the BabyPing website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Service we provide via the BabyPing website or the Site itself without notice (see below). We will not be liable to you if for any reason the BabyPing website or the Service is temporarily unavailable at any time or for any period.
- From time to time, we may restrict access to some or all parts of the BabyPing website and/or the Service.
- You are responsible for making all arrangements necessary for you to have access to the BabyPing website and/or our Service. You are also responsible for ensuring that all persons who access the BabyPing website through your internet connection are aware of these terms, and that they comply with them.
3. USE OF THE BABYPING WEBSITE
- To order our products from the BabyPing website please follow the instructions on screen. If you order any products your contract with us will be governed by our Terms and Conditions of Sale which are as stated on this page.
- You may not use the BabyPing website or its contents:
- for commercial purposes,
- for resale purposes including the systematic extraction and/or re-utilization of any part or the contents of the BabyPing website (e.g. item listings, descriptions, prices);
- to download (other than page caching) or modify the BabyPing website, or any portion of it; or
- for any purpose which is unlawful.
4. INTELLECTUAL PROPERTY RIGHTS
- We are the owner or the licensee of all intellectual property rights in the BabyPing website including the Service and the material published on it. Those works are protected by copyright, trade mark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.
- You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
- Using the BabyPing website does not give you permission to link to it or to use any of the trade marks, designs, get-up and/or logos contained within it.
- BabyPing website and all logos on the Site are business names and marks which are the property of Babyping.com.
5. THE BABYPING WEBSITE CHANGES REGULARLY
We aim to update the BabyPing website and maintain the Services regularly, and may change the content at any time. If the need arises, we may suspend access to the BabyPing website or the Services, or close it indefinitely. Any of the material on the BabyPing website may be out of date at any given time, and we are under no obligation to update such material.
6. OUR LIABILITY
- The BabyPing website is provided “as is”. Whilst we have taken every care in the preparation of the content of the BabyPing website we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you may experience with the BabyPing website. Except as set out in this condition 6, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non- supply or delay in supplying the Services are excluded to the extent permitted by law.
- death or personal injury resulting from negligence;
- fraud or deceit; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
7. INFORMATION ABOUT YOU AND YOUR VISITS TO THE BABYPING WEBSITE
8. VIRUSES, HACKING AND OTHER OFFENCES
- You must not misuse the BabyPing website or the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the BabyPing website or the Service, the server on which the BabyPing website or the Service is stored or any server, computer or database connected to the BabyPing website. You must not attack the BabyPing website or the Service via a denial-of-service attack or a distributed denial-of-service attack.
- By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the BabyPing website and our Service will cease immediately.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the BabyPing website and our Service or to your downloading of any material posted on it, or on any website linked to it.
9. LINKS FROM THE BABYPING WEBSITE
Where the BabyPing website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12. JURISDICTION AND APPLICABLE LAW
Terms & Conditions of Sale
Please read these terms and conditions before purchasing
http://www.babyping.com is a website operated by Y-cam Solutions Ltd, a company incorporated under the laws of England whose principal place of business is at Vision House, 3 Dee Road, Richmond, TW9 2JN, England whose registered office is Vision House, 3 Dee Road, Richmond, TW9 2JN, England. Our VAT number is GB885772268.
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply BabyPing Products listed on our website http://www.babyping.com to you. Please read these terms of sale carefully before ordering any Products from the BabyPing shop. You should understand that by ordering any of our Products, you agree to be bound by these terms of sale.
You should print a copy of these terms of sale for future reference.
You must be over 18 years old to order any Products from the BabyPing shop.
Please accept these terms of sale at the end of the checkout page. Please understand that if you refuse to accept these terms of sale, you will not be able to order any Products from the BabyPing shop.
If you have any questions regarding these terms of sale (including any technical questions) please email us.
1 .TERMS USED IN THIS AGREEMENT
In this agreement the following terms shall mean:
- “our”, “we” or “us” means Y-cam Solutions Ltd, its employees, subcontractors and/or other companies which are appointed by Y-cam Solutions Ltd to provide services in relation to the BabyPing shop;
- “Goods” means physical products such as (but not limited to) Cameras, Accessories, Software, Accessories, Batteries Cables, manuals, and products sold in the BabyPing shop;
- Product” is any BabyPing product consisting of Goods which may be purchased from the BabyPing shop.
- The BabyPing shop is intended for use by customers resident in the countries we deliver to.
- By ordering Products from the BabyPing shop, you warrant that:
- You are legally capable of entering into binding contracts;
- You are at least 18 years old;
3. USING THE BABYPING SHOP
- To use the BabyPing shop services you need to register or checkout as a guest.
- Please browse the shop, and then to order any item simply click the shopping cart icon to add the Product to your shopping basket. Once you have finished shopping, please click on the shopping trolley icon in the top right hand corner of the screen. Please click on the button marked “Checkout” and follow the instructions on screen to complete your order.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- The contract between us (the “Contract”) will be concluded with Y-cam Solutions Ltd (Y-cam Solutions Ltd).
- After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending either (a) a confirmation that the goods have been dispatched (Order Confirmation), (b) the download link and key or (c) the physical product to you.
- The Contract will relate only to those Products whose dispatch we have confirmed in the Order 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 Order Confirmation.
5. AVAILABILITY AND PRODUCT DELIVERY
- Although we endeavor to ensure the availability of the Products shown in the BabyPing shop, we cannot guarantee that all of the Products will be in stock when you place your order. If we are unable to process or execute your order, we shall contact you:
- to offer you an equivalent Product(s) in terms of quality and price which you may decide to accept or reject; or
- to notify you that we are unable to fulfill the order.
If you reject our offer of an alternative Product or we are unable to fulfill the order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s).
- Your order will be fulfilled by the delivery date set out in the Order Confirmation or, and if no delivery date is specified, then within 30 days of the date of the Order Confirmation, unless there are exceptional circumstances. If it is not possible to deliver the Product within the delivery period indicated, we shall refund you the paid purchase price on request.
- Products sold in the BabyPing shop are delivered to you by courier if you have ordered Goods (for example Accessories, Computer Hardware).
6. CONSUMER RIGHTS
- The Consumer Protection (Distance Selling) Regulations 2000 (the “Regulations”) allow consumers the right to cancel orders for goods or services during the period of fourteen days after the day on which delivery of goods takes place or the service being provided commences (the “Cooling Off Period”). If you choose to exercise this right, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 9 below). Please carefully read the provisions below as they will affect your right to cancel the Contract.
- The fourteen day Cooling Off Period will start once your Goods are delivered – specifically, on the day that the Product is delivered to the address specified in your order.
Return of Goods
If you have given us notice to cancel the Contract within the Cooling Off Period, you must return the Goods, together with any dockets or receipts, to us immediately at your own cost and risk. Goods must be returned to us at the returns address (which we will notify to you after you have provided us with notice of cancellation in accordance with clause 6.3 above), unopened and in their original packaging and in the same condition in which you received them. You have a legal obligation to take reasonable care of the Goods while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation. We recommend that you retain copies of any dockets, receipts and proof of postage for your records.
If the item delivered is incorrect, damaged or broken, we will arrange collection and redelivery of replacement items or process a refund in place of the item, depending on circumstances. If its not possible for us to collect items in this state, you may return the item directly to us and we will reimburse your delivery costs to a reasonable amount based on original delivery costs.
7. RISK AND TITLE
The Products will be at your risk from the time of delivery.
8. PRICE AND PAYMENT
- The price of any Products will be as quoted in the BabyPing shop from time to time, except in cases of obvious error.
- These prices exclude delivery costs, which will be added to the total amount due.
- Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
- The BabyPing shop contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in the BabyPing shop may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated in the BabyPing shop, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
- Payment for all Products must be made prior to order processing. We are under no obligation to deliver the Products until we have received payment from you.
9. OUR REFUNDS POLICY
- When you return a Product to us because you have cancelled the Contract between us within the fourteen-day Cooling-off Period (see clause 6 (Consumer Rights) above), we will process the refund due to you as soon as possible and, in any case, within 14 days of the day you have given notice of your cancellation.
- If you wish to return a Product to us for any other reason (for instance, because have notified us in accordance with clause 21 (Right to Vary) that you do not agree to any change in these terms of sale or in any of our policies, or because you claim that the Product is defective), you must inform us in writing by giving notice to firstname.lastname@example.org. You are required to return any Goods to us, at your own cost, to the returns address we stipulate and in accordance with any instructions we give you. We will examine the returned Product or investigate your complaint and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 14 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Payments returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
10. PERSONAL DATA
11. OUR LIABILITY
- In accordance with your statutory rights we warrant to you that any product purchased from the BabyPing shop is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
- The product specifications and system requirements required to operate products are described in more detail in the product specs which can be found either at the BabyPing shop or directly at the BabyPing websites. We cannot ascertain whether your computer fulfils the system requirements and we therefore assume no responsibility or liability for the functionality of your computer system after a Product has been installed.
- We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms of sale and caused by our own negligence. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the BabyPing shop.
- This does not include or limit in any way our liability:
- for death or personal injury caused by our negligence;
- under Section 2(3) of the Consumer Protection Act 1987;
- for fraud or fraudulent misrepresentation; or
- for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- Nothing in these terms of sale shall affect your statutory rights. if you have any doubts as to your statutory rights then you should contact your local citizens advice bureau or refer to the office of fair trading website (http://www.oft.gov.uk)
12. INTELLECTUAL PROPERTY
Products offered in the BabyPing shop are the intellectual property of Y-cam Solutions Ltd.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using the BabyPing shop, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices in the BabyPing shop or the Account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to BabyPing c/o Y-cam Solutions Ltd at Vision House, 3 Dee Road, Richmond, TW9 2JN, England or by email to email@example.com. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 14 (Written Communications) above. Notice will be deemed received and properly served immediately when posted in the BabyPing shop, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and (in the case of an e-mail) that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
- The Contract between you and us is binding on you and us and on our respective successors and assigns.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
- We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a “Force Majeure Event”).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action.
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
- impossibility of the use of public or private telecommunications networks.
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms of sale, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- A waiver by us of any default shall not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms of sale shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 (Notices) above.
If any of these terms of sale or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
- These terms of sale and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms of sale.
- Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms of sale.
20. OUR RIGHT TO VARY THESE TERMS OF SALE
- We have the right to revise and amend these terms of sale from time to time.
- will be subject to the policies and terms of sale in force at the time that you order products from us, unless any change to those policies or these terms of sale is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms of sale before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms of sale, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products placed through the BabyPing shop http://www.babyping.com will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
The language of the Contract shall be English.
Last Updated: 19th March 2012.