Legal Warning & Terms and Conditions for Babyboo

Legal Warning

1. LEGAL INFORMATION

The website https://babyboo.es/ (hereinafter, the “Website”) is owned and managed by BABYBOO, the commercial name under which ELBAFRE RENTAL SERVICE, SL, with registered office at Calle Llull, 321, 08019 – Barcelona.

If you want to know other tax information or contact us, you can do so by contacting the phone (+34) 637513440 or by email: hola@babyboo.es

2. OBJECTIVE 

Through these Terms and Conditions, access, use, contracting and, in general, the relationship between BABYBOO and service users (hereinafter USERS) are regulated, without prejudice to, where appropriate, the General Contracting Conditions. Therefore, we ask you to read them carefully and we make them available to you so that you can access, consult, download or print them whenever you want. The information regarding the treatment we carry out with your personal data is found in the ‘’ Privacy Policy ”section.

3. ACCESS AND ACCEPTANCE OF THE TERMS AND CONDITIONS

We inform you that access or use of the Services offered through this website implies full acceptance of these Terms and Conditions and entails the acquisition of the condition of USER. By using the services you declare that you understand and accept the Terms and Conditions and have the necessary legal capacity to access it. In addition, you agree to use it in accordance with current legislation and in good faith.

If you do not agree to submit to these Terms and Conditions, please do not access or use the Services.

BABYBOO reserves the right to modify the Terms and Conditions at any time without prior notice, being its obligation to periodically review these terms and comply with the obligations established in the current version at any time.

4. INTELLECTUAL AND INDUSTRIAL PROPERTY

All the contents of the Website are the intellectual or industrial property of BABYBOO, are duly licensed in their favor or have sufficient rights to use them. These contents include, but are not limited to, the texts, images, graphics, icons, technology, links and other audiovisual or sound content, as well as the graphic design and source code of the Website.

To exploit, reproduce, distribute, publicly communicate or transform the contents of the Website, the user must previously obtain the authorization of BABYBOO in writing.

5. GENERAL CONDITIONS OF USE

These General Conditions regulate, along with the Privacy Policy, the access and use by any User of the Website, as well as the contracting of products and services through it.

The User must carefully read these General Conditions each time they access the Website, since said General Conditions may be altered.

The User declares:

(i.) That you have read, understand and understand what is stated here;

(ii.) that they are a person of legal age or of sufficient legal age to enter into a Product lease, and / or has sufficient capacity to contract;

(iii.) that it assumes all the obligations set forth herein;

(iv.) which understands that the Website is a technological platform owned by BABYBOO where you can rent Products.

BABYBOO, as the owner of the Website, reserves the right to carry out, at any time and without prior notice, any modification or update of its contents and services; of these General Conditions and, in general, of how many elements make up the design and configuration of the Website.

Access to the Website.

Access to the Website is free, except for the cost of the connection through the telecommunications network provided by the access provider contracted by the User.

Required Registration.

In general, for access to the services and contents of the Website, User registration will not be necessary. However, the User must register to carry out and access the leasing of Products.

Veracity of the information

The data supplied by the User to BABYBOO must be exact, current and truthful at all times. The user who registers will be responsible at all times for the custody of their password, assuming consequently any damages that may arise from its improper use, as well as the transfer, disclosure or loss of the same. For these purposes, access to restricted areas and / or the use of services and content made under the password of a registered User shall be deemed to have been made by said registered User, who will respond in any case to such access and use.

Access and Use Rules

The User agrees to use the Website and all its content and services in accordance with the provisions of law, morality, public order and these General Conditions of use and contracting.

Likewise, it undertakes to make appropriate use of the services and / or contents of the Website and not to use them to carry out illicit activities or activities that constitute a crime, that violate the rights of third parties and / or that infringe the regulations on intellectual and industrial property. , or any other rules of the applicable legal system.

The User agrees not to transmit, introduce, broadcast or make available to third parties, any type of material and information such as data, content, messages, drawings, sound and image files, photographs or software that are contrary to law, morality, public order and these General Conditions. By way of example, and in no case limiting or excluding, the User agrees to:

  1. Do not introduce or spread on the network data programs (viruses and harmful software) that may cause damage to the computer systems of the access provider, its providers or third-party Internet users.
  2. Do not impersonate other Users using their registration keys to the different services and / or contents of the Website.
  • Do not impersonate identity by creating false profiles or with data from other people.
  1. Do not disseminate, transmit or make available to third parties any type of information, element or content that constitutes a violation of intellectual or industrial property rights, which correspond to the owners of the Website or to third parties.
  2. The User agrees to hold BABYBOO harmless against any possible claim, fine, penalty or sanction that it may be required to bear as a consequence of the User’s failure to comply with any of the aforementioned rules of use, BABYBOO also reserving the right to request the corresponding compensation for damages.

6.5. Liability exclusion.

The access of the User to the Website does not imply for BABYBOO the obligation to control the absence of viruses, worms or any other harmful computer element. In any case, the User is responsible for the availability of adequate tools for the detection and disinfection of harmful computer programs.

BABYBOO is not responsible for the damages produced in the software and computer equipment of the Users or third parties during the use of the services offered on the Website.

BABYBOO is not liable for any damages or losses of any kind produced in the User that are caused by failures or disconnections in the telecommunications networks that cause the suspension, cancellation or interruption of the Website service during the provision of the same or previously .

6.6 Contents and Services linked through the Website.

The access service to the Website includes technical linking devices, Product directories and even search instruments that allow the User to access other pages and Internet Portals (hereinafter “Linked Site or Linked Sites”). In these cases, BABYBOO will not be responsible for the content and services provided on the Linked Sites. In the event that the User considers that there is a Linked Site with illegal or inappropriate content, they may communicate it to BABYBOO without, in any case, this communication entailing the obligation to remove the corresponding link.

In no case should the existence of Linked Sites presuppose the formalization of agreements with the managers or owners thereof, nor the recommendation, promotion or identification of BABYBOO with the manifestations, content or services provided.

It is possible that BABYBOO does not know all the contents and services of the Linked Sites and, therefore, is not responsible for the damages produced by the illegality, quality, outdated, unavailability, error and uselessness of the contents and / or services of the Linked Sites, or for any other damage that is not directly attributable to BABYBOO.

In the cases in which the User can access or be redirected to Linked Sites that allow the contracting of services and / or products, the User knows and accepts that BABYBOO only acts by facilitating such access, for which it will not be responsible, either indirectly or subsidiarily. , of the damages of any nature derived from the free use and / or contracting of said services and products of third parties, as well as the lack of legality, reliability, utility, veracity, accuracy, exhaustiveness and timeliness thereof. By way of example, and in no way limiting, BABYBOO will not be liable for damages of any nature derived from defective compliance or non-compliance with contractual commitments acquired by third parties; carrying out acts of unfair competition and illegal advertising; the inadequacy and disappointment of the expectations of said services and third-party products and of the vices and defects of all kinds that may occur in them.

General Contracting Conditions

1. DEFINITIONS

“Lessor” or “Company” will be used interchangeably to name Babyboo as lessor of the products

“Lessee User” or “Client” is defined as the user who purchases a good offered by Babyboo, during a certain time, in exchange for the payment of an agreed remuneration and under the determined conditions of return.

“Product” or “Products” is defined as the object leased by the Client for a defined time and with a price established as consideration and under certain conditions of use.

2. OBJECTIVE

Babyboo owns all Products offered through the website.

3. AVAILABILITY OF PRODUCTS

The leasing of products is subject to their availability. In the event that the product is not available, Babyboo will duly inform of its unavailability.

In such cases, Babyboo will propose an alternative and if the client does not accept the alternative, the amount already paid will be returned and he will be informed of the procedures and deadlines for reimbursement.

4. DURATION OF THE LEASE

The duration and start of the lease will be chosen by the client during the reservation process.

The client can extend the rental period, upon agreement with Babyboo. In this case, the Customer will be charged the difference between the amount paid and the amount that would result from having leased the product for the entire term. These conditions will apply until the date of the new lease period.

In case you have chosen “more than 3 months”:

  • The minimum rental period will be 3 months
  • If there is no prior notice one month in advance, Babyboo will proceed to extend the lease.
  • Maximum duration: There is no maximum lease duration.

5. LEASE PRICE

In the event that the agreed price is a monthly recurrence, once the first month has ended, an automatic monthly charge will be made to the indicated account until the client decides to cancel the subscription.

The products offered are subject to Value Added Tax (VAT) already included in the price.

6. PAYMENT METHODS

Payments following the first installment can be made in the following ways:

  • Credit card
  • Wire transfer

7. DELIVERY OF PRODUCTS AND RETURN OF PRODUCTS

The delivery and return of the leased product or products will be made on the date requested by the Client and through the option chosen by him.

The shipment can be tracked through the link that will be provided by email or by instant messaging.

Before making any shipment, a member of the Babyboo team will contact the customer to manage the shipment.

8. STATUS AND USE OF PRODUCTS

The photographs and descriptions of the products on the Website are an approximate image of the products offered by Babyboo so they may differ from the original.

The leased article is for private use and not for commercial use, unless otherwise expressly agreed.

All products leased by Babyboo are in perfect condition. However, in case the leased product has any damage, Babyboo will notify the Customer before the time of delivery.

9. CLIENT’S OBLIGATIONS

The client must:

  • Review the leased products at the time of delivery to confirm that they are not damaged or the damage has been previously indicated by Babyboo, is clean and works correctly.
    • In case of detecting any fault or defect, you must notify Babyboo immediately, and within 24 hours at the latest, in order to replace the product as soon as possible. In the absence of notification, the product will be deemed delivered in accordance.
  • Use, care, monitor and, where appropriate, assemble and disassemble the leased products following the instructions provided. The packaging, wrapping and packages that accompany the product are part of the lease, so the Client must keep them and take care of them until the end of the lease.
  • Return the products of the lease on the date and under the conditions agreed in clause 7

10. CUSTOMER RESPONSIBILITIES

The Customer will be responsible for any damage, breakage, loss, theft, Babyboo products may suffer, paying all the necessary expenses for the repair or acquisition of new product due to its inappropriate use. Only small damages that are due to reasonable wear of the product will be accepted.

Babyboo will have a period of 3 days to check the status of the returned product and confirm its operation.

In case of detection of any damage, the Customer will be contacted to inform them of the damage and attaching a file with the data and photographs of said damage.

The costs for repair or replacement will be determined once the damages produced have been valued.

11. CHANGES AND CANCELLATIONS

The cancellation of the order will be free if requested up to 72 hours before the requested delivery date. In this case Babyboo will refund the Client the full amount paid. In the event that the delivery process has started, the client will not receive any refund.

The customer can request a change in the product for one of the same range or higher, in which case the price difference, if any, must be paid. The transport costs caused by the change will be borne by the customer.

12. TRANSFER OF THE CONTRACT

The client may not assign his contractual position and the rights and obligations arising to a third party? Of the acquisition of products through the Web Site.

13. RESOLUTION

The following will be causes for termination of the Contract, in addition to those expressly provided for in the legal system:

  1. Mutual agreement between the parties.
  2. Extinction of the legal personality or judicial declaration in bankruptcy of any of the parties.
  3. Failure to pay the agreed price, including taxes, or shipping costs.
  4. The breach by the Client or Registered User of the Conditions established in this document.

14. INTEGRITY OF THE CONTRACT

If any clause included in these General Conditions is declared totally or partially null or ineffective, such nullity or ineffectiveness will only affect said provision or the part of it that is null or ineffective, subsisting the present General Conditions in everything else and considering such provision in whole or in part for not including

15. LEGISLATION AND APPLICABLE JURISDICTION

These General Conditions will be governed and interpreted in accordance with the laws of Spain.

If any controversy arises over the interpretation or application of these contractual conditions, the parties will negotiate in good faith to try to resolve such discrepancy or claim. However, in the event that the discrepancy or claim is not resolved and only in cases in which the regulations do not foresee submitting to an imperative jurisdiction, BABYBOO and the Client submit the decision of the matter raised to the Courts and Tribunals of the City of Barcelona.

Furthermore, the European Commission offers a platform for alternative conflict resolution, which can be accessed by any consumer at the following link:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES