Terms and Conditions & Privacy Policy

Terms and Conditions

BAABUK is registered with the Swiss Chamber of Commerce under the name: BAABUK Sàrl, UniverCité, Chemin du Closel 5, 1020 Renens, Switzerland

This agreement applies as between you, the User of this Website and Baabuk
Sàrl(“Baabuk”), the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of
acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;

“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Goods” means any products that Baabuk advertises and / or makes available for sale through this Website;

“Baabuk” means Baabuk Sàrl, UniverCité, Chemin du Closel 5, 1020 Renens, Switzerland as registered with the Swiss Chamber of Commerce;

“Service” means collectively any online facilities, tools, services or information that Baabuk makes available through the Website either now or in the future;

“Payment Information” means any details required for the purchase of Goods from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;

“Premises” Means our place(s) of business located at UniverCité, Chemin du Closel 5, 1020 Renens, Switzerland;

“System” means any online communications infrastructure that Baabuk makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users” means any third party that accesses the Website and is not employed by Baabuk and acting in the course of their employment; and

“Website” means the website that you are currently using (http://baabuk.com), our Swiss site (http://baabuk.ch), and any sub-domains of this site (e.g. subdomain.baabuk.com) unless expressly excluded by their own terms and conditions.

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by an Adult.

3. Business Customers

These Terms and Conditions do not apply to customers buying Goods in the course of business.

4. International Customers

If Goods are being ordered internationally, import duties and taxes may be incurred once your Goods reach their destination. Baabuk is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Baabuk cannot guarantee that the packaging of your Goods will be free of signs of tampering.

5. Intellectual Property

5.1 Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Baabuk, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Switzerland and International intellectual property and other laws.

5.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Baabuk

6. Third Party Intellectual Property

6.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

6.2 Subject to Clause 7 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

7. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

8. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Baabuk or that of our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

9. Links to this Website

Those wishing to place a link to this Website on other sites may do so with the express permission of Baabuk. To find out more please contact us by email at info@baabuk.com

10. Use of Communications Facilities

10.1 When using the contact form or any other System on the Website you should do so in accordance with the following rules:

10.1.1 You must not use obscene or vulgar language;

10.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

10.1.3 You must not submit Content that is intended to promote or incite violence;

10.1.4 It is advised that submissions are made using the English, French, or German languages as we may be unable to respond to inquiries submitted in any other languages;

10.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

10.1.6 You must not impersonate other people, particularly employees and representatives of Baabuk or our affiliates; and

10.1.7 You must not use our System for unauthorized mass-communication such as “spam” or “junk mail”.

10.2 You acknowledge that Baabuk reserves the right to monitor any and all
communications made to us or using our System.

10.3 You acknowledge that Baabuk may retain copies of any and all communications made to us or using our System.

10.4 You acknowledge that any information you send to us through our System or post on the enquiry form may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

11. Accounts

11.1 When you purchase Goods on this Website, you have an option to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

11.1.1 all information you submit is accurate and truthful;

11.1.2 you have permission to submit Payment Information where permission may be required; and

11.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.

11.2 It is recommended that you do not share your Account details, particularly your username and password. Baabuk accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

11.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Baabuk immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorised purchase is dispatched prior to your notifying us of the unauthorised nature of the purchase, Baabuk accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.

11.4 When choosing your username you are required to adhere to the terms set out above in Clause 10. Any failure to do so could result in the suspension and/or deletion of your Account.

12. Termination and Cancellation

12.1 Either Baabuk or you may terminate your Account. If Baabuk terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

12.2 If Baabuk terminates your Account, any current or pending purchases on your Account will not be cancelled and will be dispatched.

12.3 Baabuk reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.

12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.

12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.

13. Goods, Pricing and Availability

13.1 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from Baabuk correspond to the actual Goods, Baabuk is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 15.1 for incorrect Goods.

13.2 Where appropriate, you may be required to select the required size, model, colour and other features of the Goods that you are purchasing.

13.3 Baabuk does not represent or warrant that such Goods will be available. Stock indications may be provided on the Website however these may not take into account sales that have taken place during your visit to the website

13.4 All pricing information on the Website is correct at the time of going online. Baabuk reserves the right to change prices and alter or remove any special offers from time to time and as necessary.

13.5 In the event that prices are changed during the period between an order being placed for Goods and Baabuk processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;

13.6 All prices on the Website do include applicable taxes, such as VAT.

13.7 Three payment methods are available for the client on www.baabuk.com: credit cards, Paypal, bank transfer.

13.8 PayPal automatically encrypts confidential data between your computer and the PayPal system. For more information about Paypal you can log on www.paypal.com.

13.9 Payment by bank/post transfer are to be made on the following account:
PostFinance / Name: Baabuk Sarl / IBAN: CH35 0900 0000 8911 5452 1 / Account: 89-115452-1 CHF / BIC: POFICHBEXXX.

13.9.1 Payment by bank transfer must be made within 5 working days following the order. After this period of 5 working days, if full payment has not been registered, the availability of the ordered items is not guaranteed.

14. Delivery and Shipping

14.1 Shipping costs are the responsibility of the client and depend on the weight and the volume of the order, the delivery address and the carrier.

14.2 For Switzerland, shipments are done by Swiss Post in economy unless otherwise specified by the client. The client may ask for express service. All shipping costs are billed to the client unless specified otherwise. For shipping outside Switzerland, we are using DHL.

14.3 For deliveries to any country outside Switzerland or Europe, duty, sales tax and import taxes will be charged. These must be paid by the recipient upon delivery of the order.

14.4 Baabuk will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.

14.5 If Baabuk receives no communication from you, within 3 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.

15. Returns Policy

Baabuk aims to always provide high-quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions. All footwear items should be tried on carpet or other clean surfaces. If returned, the soles must be in their original, clean condition.

15.1 If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 30 days to arrange collection and return. Baabuk is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.

15.2 If any Goods you have purchased have faults when they are delivered to you, you should contact Baabuk within 30 days to arrange collection and return. Baabuk is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

15.3 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Baabuk within 10 days and arrange collection and return. Baabuk is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.

15.4 You have a statutory right to a “cooling off” period. This period begins once your order is complete and ends 7 working days after the Goods have been delivered. If you change your mind about the goods within this period, please return them to Baabuk within 7 working days of receipt. You are responsible for paying shipment costs if Goods are returned for this reason.

15.5 If you wish to return Goods to Baabuk for any of the above reasons, please contact us using info@baabuk.com or check https://baabuk.com for up to date and alternative methods of arranging the return of Goods and to make the appropriate arrangements. All Goods returned must be sent using a signed for the form of delivery.

15.5.1 For customers in Switzerland, use the Return Form - Switzerland and send the goods to the Swiss warehouse address: Fondation BVA, (Att: Baabuk), Chemin de Maillefer 41, 1052 Le Mont-sur-Lausanne, Switzerland

15.5.2 For customers outside Switzerland, use the Return Form International and send the goods to the address provided.

15.5.3 The Return Form shall be attached as pictured here:

return label return lable

15.6 Baabuk reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:

15.6.1 Any use or enjoyment that you may have already had out of the Goods;

15.6.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;

15.6.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase. Such discretion to be exercised only within the confines of the law.

16. Privacy

16.1 Use of the Website is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the appropriate link above.

17. Disclaimers

17.1 Baabuk makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.

17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

17.4 Whilst Baabuk uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

18. Changes to the Service and these Terms and Conditions

Baabuk reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Baabuk is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

19. Availability of the Website

19.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

19.2 Baabuk accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

20. Limitation of Liability

20.1 To the maximum extent permitted by law, Baabuk accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

20.2 Nothing in these Terms and Conditions excludes or restricts Baabuk’s liability for death or personal injury resulting from any negligence or fraud on the part of Baabuk.

20.3 Nothing in these Terms and Conditions excludes or restricts Baabuk’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Website.

20.4 Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

21. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

22. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

23. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Baabuk.

24. Communications

24.1 All notices/communications shall be given to us either by post to our Premises (see address above) or by email to info@baabuk.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.

24.2 Baabuk may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the Unsubscribe link in an email which you receive from us, if for any reason you cannot find an unsubscribe link then please email us at info@baabuk.com and we can action the same.

24.3 SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS

Baabuk (hereinafter, “We,” “Us,” “Our”) is offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By opting in to or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify other Terms and Conditions or Privacy Policy that may govern the relationship between you and Us in other contexts.

24.3.1. User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

24.3.2. User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that Baabuk and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

24.3.3. Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing, promotion, payment, delivery and sale of consumer goods. Messages may include checkout reminders.

24.3.4. Cost and Frequency: Message and data rates may apply. You agree to receive messages periodically at Our discretion. Daily, weekly, and monthly message frequency will vary. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.

24.3.5. Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at hello@baabuk.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.

24.3.6. MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.

24.3.7. Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. Carriers are not liable for delayed or undelivered mobile messages.

24.3.8. Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

24.3.9. Age Restriction: You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.

24.3.10. Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes: - Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity; - Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age; - Pirated computer programs, viruses, worms, Trojan horses, or other harmful code; - Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received; - Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and - Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

24.3.11. Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge Inc. d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Renens, before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which Baabuk's principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. THE PARTIES AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY VIA ARBITRATION AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. Further, unless both parties agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.

24.3.12. Florida Law: We endeavor to comply with the Florida Telemarketing Act and the Florida Do Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we may assume that you are a Florida resident if, at the time of opt-in to Program, (1) your shipping address, as provided is located in Florida or (2) the area code for the phone number used to opt-into the Program is a Florida area code. You agree that the requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to you, and you shall not assert that you are a Florida resident, if you do not meet either of these criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile messages sent by Us in direct response to mobile messages or requests from You (including but are not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and 501.616), to the extent the law is otherwise relevant and applicable.

24.3.13. Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.

25 Disputes

25.1 In the event you have a complaint regarding a product or service purchased from Baabuk please contact us at info@baabuk.com.

26. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Baabuk shall be governed by and construed in accordance with the Law of Switzerland and Baabuk and you agree to submit to the exclusive jurisdiction of the Courts of Switzerland.

Privacy Policy

Baabuk Sàrl (“Baabuk”) (“We/Us/Our") are committed to protecting and respecting your privacy and data.
This policy, along with our Terms of service and any other documents referred to on it, sets out the basis on which any personal data We collect from you, or that you provide to Us, will be processed by Us.

WHAT DO WE DO WITH YOUR INFORMATION?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

Text marketing (if applicable): With your permission, we may send text messages about our store, new products, and other updates. Updates include Checkout Reminders. Webhooks will be used to trigger the Checkout Reminders messaging system.

YOUR DATA CHOICES

If you want to manage your preferences or unsubscribe from emails that we send to, you can do this:
1) using the unsubscribe link in the footer or Our Emails.
2) by email to Our team at info@baabuk.com
3) by using Our contact form at https://baabuk.com/pages/contact-us

You may unsubscribe from email communications at any time. However, we do need to send you some emails, e.g. order confirmation, shipping confirmation, or replies to emails or contract forms that you send to Us.

If you want to manage your preferences or unsubscribe from text marketing communication that we send to, you can do this:

1) Reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out.

If you want to Contact us with a question or to exercise your rights, you can contact us by email to info@baabuk.com.

We’re an online business and we use online advertising to find and update customers.

Some of Our ads may be specific to you, e.g. if you visited Our website and left a product in your cart. Many of Our ads are not specific to you; they may target broad groups of people to whom you may belong, or they may be untargeted.
If you don’t want to see Our ads, we recommend using third-party ad tools, platform-specific controls, and/or modifying your browser privacy options to remove cookies.

YOUR DAA

We use your data to provide Our services to you. The basis for processing your data varies; this is described below. We use your name, address(es), email address(es) and other contact details to:
1) deliver your order; this is part of Our contract
2) provide information about your order, e.g. order or delivery updates; this is part of Our contract
3) check that your purchase or order is ok; this is for your and Our interest
4) detect and prevent fraud; this is for your and Our interest
5) send you information about Our products and services; this is with your consent as part of an opt-in and you can opt-out or unsubscribe from these messages
6) send you discounts, promotions or surveys; this is with your consent as part of an opt-in and you can opt-out or unsubscribe from these messages
7) understand Our sales and product performance; this is for your and Our interest
8) comply with Our legal obligations, e.g. paying taxes to the relevant country and
maintaining records of that tax

We use your payment data to

1) make payments and refunds; this is part of Our contract
2) detect and prevent fraud; this is for your and Our interest

We use emails and message that you send to Us to

1) provide Our services to you; this is part of Our contract
2) detect and prevent fraud; this is for your and Our interest
3) train Our team; this is for your and Our interest

We use your checkout and order details to

1) provide Our services to you; this is part of Our contract
2) understand Our sales and product performance; this is for your and Our interest

We use data from your visits to Our website to

1) provide Our services to you; this is part of Our contract
2) understand Our sales and product performance; this is for your and Our interest
3) detect and prevent fraud; this is for your and Our interest
4) personalize the site for you, e.g. to select currency or shipping options; this is for your and Our interest
5) show advertising to you following visits to Our website; this is for your and Our
interest.

Our site may, from time to time, contain links to and from the websites of Our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

CHILDREN

We don’t sell products for purchase by children. We sell children's products for
purchase by adults. Those under 18 are not permitted to use our services and we would recommend requesting assistance from a parent or guardian.

HOW WE PROCESS YOUR DATA

1) Generally, we use your details as-is, e.g to put your address on your parcel or to process a payment
2) Wherever possible, we use only some of your details and do so in a reduced or an anonymized form, so that it does not identify you, e.g. to analyze Our sales or develop new products

COOKIES

We use cookies when you visit Our website for these reasons
1) functionality - these make the site work, e.g. moving between pages, storing items in your cart
2) analytics - these help us understand how people use Our website so that we can improve your experience
3) preferences - these make the experience better, e.g. storing your selected currency
4) advertising - these are used to show you ads and also to stop you from seeing ads; we use these to measure Our advertising performance.

You may block cookies via settings in your browser. You may not be able to use all functionality on Our website if you do this.

SECURITY

We design Our systems with your security and privacy in mind.
1) We use SSL technology to secure your data when in transit.
2) We do not process your payment details directly; this is handled by our e-commerce platform and the relevant payment service provider who comply with the Payment Card Industry Data Security Standard (PCI-DSS).

SHARING YOUR DATA

We use services and suppliers to enable Us to provide Our services. As such, we need to share your data with other businesses; these are as follows:
1) Any of our subsidiaries who may provide parts of Our overall services.
2) companies who deliver Our packing, delivery, returns, customs services.
3) companies who enable Us to run the business such as Our e-commerce platform, payment services, customer services, advertising platforms, technical service providers.
4) companies who provide credit reference, fraud detection, and fraud prevention
services.
5) e-commerce platforms for which we fulfill orders of Our products.

In the event that We sell or buy any business or assets, We may disclose your personal data to the prospective seller or buyer of such business or assets. If Baabuk ells all of its assets are acquired by a third party, personal data held by Us will be one of the transferred assets.

We may be under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply Our terms and conditions or to protect the rights, property, or safety of Baabuk, Our customers, or others.

We may provide your data in an anonymized form to third parties to enable analysis or improvements to Our services.

SHARING YOUR DATA OUTSIDE THE EU

We use suppliers who are not based in the EU to provide Our services and so your data will be transferred out of the EU. We work with these suppliers on the basis of data protection mechanisms such as standard contract clauses or certification frameworks such as Privacy Shield.

YOUR RIGHTS

You have various rights; these are as follows. “Your Data Choices” above describes how you can contact Us or exercise these rights:

1) the right to be informed - we do this via the policy as updated from time to time
2) the right of access
3) the right to correct inaccurate data
4) the right to have your data erased - this applies in certain circumstances
5) the right to limit processing of your data
6) the right to data portability
7) the right to object
8) rights in relation to automated decision making and profiling.

LIMITATIONS ON YOUR RIGHTS

We will enable you to exercise your rights wherever possible. There are limitations on this, e.g. timing of your request. We will store your data in order
to provide Our services including any service after delivery of your order. We will store your data in order to meet legal or regulatory requirements. We will not erase data where an order is open, a chargeback is possible or a return is possible.

REGISTRATIONS AND ADDRESSES

BAABUK is registered with the Swiss Chamber of Commerce under the name: BAABUK Sàrl, UniverCité, Chemin du Closel 5, 1020 Renens, Switzerland

CHANGES

Any changes We may make to Our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to Our privacy policy.

Questions, comments, and requests regarding this privacy policy are welcomed and should be addressed in writing to the Privacy Compliance Officer at Our trading address above or by email to info@baabuk.com.

UPDATES

This version of Our privacy policy is dated 28th September 2021.