1. GENERAL TERMS AND DEFINITIONS

 

1.1 Babonbo Platform

 

Babonbo is an online platform, consisting of a website and mobile application (“Platform”) that allows:

 

Babonbo provides an online platform that enables third parties ( “Providers”) to offer the rental of baby and family equipment (“Equipment”) and the sale of consumable products for children and families including but not limited to diapers, wipes, formula (“Consumables”) and related services such as delivery and pickup of the Equipment (all services offered by Providers stated above shall be referred as “Services”) and to transact with Platform users who are seeking to book such Services (“User” or "you").

 

The Platform includes content created and/or provided by Babonbo that is our property, or that is licensed and/or authorised to use by us (the "Babonbo Content") as well as content created and/or provided by Providers, including but not limited to text, photos, videos and other materials (the "Provider Content").

 

Users and Providers are required to register on the Platform free of charge, to provide or receive the Services.

 

As the owner of the Platform, Babonbo does not provide, control, manage, offer, deliver, or supply any of the Services. Providers are solely responsible for listing and providing their Services.

 

When the Users book or obtain Services from a Provider, the User and the Provider enter into a contract directly. We are not a party in any contractual relationship between the User and Providers.

 

1.2. Babonbo's details

 

The Platform is owned and operated by Babonbo LTD registered in the UK under number 11481475, with the registered office at 64 Southwark Bridge Road, London, UK, SE1 0AS. Please contact info@babonbo.com, if you have any questions.

 

1.3. Babonbo does not provide the Equipment, Consumables or Services.

 

Babonbo has no responsibility, no control over the Equipment, Consumables or the Services and does not guarantee:

 

• the existence, quality, safety, suitability or legality of the Consumable, Equipment provided in connection with any Service;

 

• the correctness or accuracy of any Provider Content; or - the performance or behaviour of any Provider.

 

• the performance or behaviour of any Provider

 

Babonbo is only an intermediate and a platform provider and not a party to the arrangement and agreement between the User and the Provider. 

 

1.4. Governing Law and Jurisdiction

These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.

1.5. Limitation of Liability

 

To the extent permitted by the law, Babonbo shall have no liability whatsoever other than for direct damages actually suffered, paid or incurred by you as a result of a breach of obligations by Babonbo under these Terms, up to a maximum aggregate amount of the Babonbo commission applicable to the relevant transaction.

 

However, to the extent permitted by law, neither Babonbo, nor its employees and representatives or other subjects involved in the creation, promotion or making available of the site and its contents are responsible for (i) any loss or damage, indirect or consequential, loss of profit, loss of income, loss of contract, loss or damage to rights or reputation, (ii) any damage (direct, indirect, consequential or punitive), loss or costs suffered, incurred or paid by you arising out of or in connection with the use, the inability to use or the delay of the Babonbo platform or any of the Services provided to you by the Provider.

 

1.6. Intellectual Property Rights of the Photos/Images Uploaded by User

 

By uploading photos / images to the platform you certify, guarantee and agree that you are either the owner of the copyrights of the photos/images or the licensed/authorised to use & upload the photos/images on the Babonbo Platform and accept and authorise that Babonbo can use the photos/images uploaded on its platform for the promotion and marketing of Babonbo and/or Babonbo Platform. 

 

You guarantee that the photos/images uploaded do not contain viruses, do not contain pornographic, illegal, obscene or inappropriate material and do not infringe the rights of third parties (intellectual property rights, copyright or privacy). All photos/images that do not meet the above criteria shall not be published and/or can be removed/deleted by Babonbo at any time and without notice, and Babonbo reserves the right to take legal action against you for unlawful or inappropriate photos/images used or uploaded by you on the Platform.

 

You accept and assume full responsibility for the photos/images used or uploaded by you on the Platform and accept and assume to fully indemnify Babonbo for any legal action brought by third parties due to the publication and use of these photos/images by Babonbo. 

 

1.7. General 

 

The invalidity or unenforceability of any provision of this User T&C shall not adversely affect the validity or enforceability of the remaining provisions.

 

The failure of Babonbo to enforce any of the terms of this User T&C does not constitute a waiver of it and shall in no way affect the right to enforce such terms later.

 

All notices and other communications required or permitted to be served or given shall be in writing from and to the registered communication details registered within the Platform.

 

By accepting the User T&C, you agree and consent that Babonbo may record, monitor and use the communications between you and the Provider on the Platform, for training and quality purposes.

 

 

2. SPECIFIC USER TERMS AND CONDITIONS

 

2.1. Booking of the Consumables, Equipment and the Services

 

The User can book the Equipment, Consumables and request the Services through the Platform, selecting the location of collection or delivery and the booking dates. All the Consumables, Equipment and Services available at the chosen location and the selected dates shall be listed. There may be more than one Provider having the Equipment, Consumables and Services available at the location during the dates selected. The name of the Provider shall be indicated along with the Services. Users can add the desired Consumables, Equipment and Services to their cart and, on the cart page.

 

2.2. Payment

 

The Providers can decide, at their sole discretion, the rates for the Consumables, Equipment and Services. 

 

Babonbo charges a commission equal to 15% of the total value of the User' cart on checkout. 

 

When the User completes the booking and checkout, the total booking value corresponding to the sum of the Services, shall be checked in terms of the availability of the funds on the User's credit card. If the User has sufficient funds in the credit card the User uses for such transactions, then Babonbo shall hold the relevant amount equivalent to the sum of the total booking value for the Services.

User makes the payment to Babonbo only after the Provider accepts and confirms the order. The only reason User makes payment to Babonbo is to ensure that User receives the Equipment and Services booked before the Providers are paid. 

 

Under no circumstance, the Providers are allowed to accept any kind of payment from the User. All the payments must go through the Platform. 

 

Wherever applicable VAT of the country where the User requests the service is charged to the User. 

 

2.3. Services booked that cannot be fulfilled

 

If the selected Provider is unable to provide the booked Consumables, Equipment or Services;

 

• If the Provider accepts the order, the User shall be informed and receive a full refund.

• If the Provider rejects the order, the User shall be informed and not be charged.

 

2.4. Delivery and the Collection of Equipment

 

Providers are required to accept or reject the order no later than 24 hours once the User completes the checkout and must contact the Provider directly to confirm the address and the times of delivery and collection of the Equipment. Users are responsible for providing complete and correct information regarding the delivery and collection addresses and contact details. Users can contact the Provider via Chat provided by the Platform. 

 

Once the time and address of delivery and collection have been agreed upon with the Provider, any change made by the User shall be extra charged to the User, equivalent to the cost of delivery and collection plus Babonbo commission.

 

If the User does not show up at the agreed address at the agreed time, the Provider has the right to leave the meeting point after waiting 20 minutes. In this case, the User cannot claim any cancellation or refund. 

 

In the case of airport deliveries, the Providers can wait a maximum of 30 minutes starting from the exact agreed time of the meeting. The Users are responsible for informing the Providers timely before their departures if their flights are delayed and asking the Provider if they can postpone the meeting time. The Provider is not obliged to postpone the meeting time, it is Provider's discretion to agree to postpone or not.  

 

2.5. Requests for additional Consumables, Equipment and Services for an existing booking

 

If Users want to add more Consumables or Equipment to their existing booking before the booking period, they can contact the Customer support to request the modifications in the same order. After verifying with the Provider, additional products or services can be added to the initial order and the additional amount will be charged to the User’s credit card. 

 

Users can always reserve Consumables or Equipment from different Providers for the same booking period. This could result in a higher delivery and collection cost for the User.

 

If Users wish to receive additional Services, they may also request such Services by contacting Customer Service. All the requested Services shall be provided based on the rates set on the Platform and the availability of the provider. With regard to these additional Services relating only to delivery and collection, Users are charged the relative sum and Babonbo User commission on their credit card.

 

Once the User places a booking on the Platform, it is strictly forbidden to offer and receive any services without Babonbo's involvement (either through the Platform or via email to info@babonbo.com). 

 

In case Babonbo becomes aware that such a transaction has taken place without Babonbo's involvement, Babonbo may temporarily or permanently terminate the User's Babonbo account and the Provider's Babonbo account. In such a case, Babonbo is also entitled to charge the Babonbo User commission which shall be calculated as if the transaction was placed through the Platform. 

 

2.6. Replacement of Equipment or Consumables

 

User is responsible and required to verify the integrity and functionality of the Equipment, or the Consumable being not outdated and once received, raising any objections and complaints directly to the Provider at the time of delivery or, in the event that User detects a problem with any Equipment or the Consumable after delivery, the User must inform the Provider within 24 hours of receiving the Equipment. 

The Provider shall do its best to replace the product as soon as possible (subject to the availability of the Equipment or Consumables). If the Provider can replace the product on the same day, the User cannot claim the cancellation of the order and refund. If the Provider cannot replace the Equipment or the Consumables, the User may request a full refund, except the Babonbo User commission amount. Any request to change or replace the Equipment or Consumables after 24 hours of receiving the equipment is not acceptable and refundable. 

 

It is recommended that the users upload a photo of the product to their order on Babonbo platform, as soon as the product is delivered, as evidence of the condition of the product. This helps users to have evidence in case there is a claim from the provider related to misuse of the product during the rental.

 

The photos of the Consumables or Equipment on the platform may or may not represent the exact Consumables or Equipment shall be delivered. If the User requests a specific item, they must notify the Provider before the booking period.

 

2.7. Additional delivery charges

 

If the Provider is asked to return to the agreed place of delivery or collection for any reason which is not the Provider's fault, the User may be charged an additional delivery fee plus a Babonbo User commission.

 

In the event that User changes the place of delivery or collection for any reason, User may be charged an additional delivery cost plus a Babonbo User commission.

 

The User has to send their requests to Babonbo customer service on the Platform or  info@babonbo.com, to be charged the relative sum of the additional delivery or pickup costs and the Babonbo commissions on their credit card. Additional requests shall not be fulfilled unless the relevant fees are agreed upon and charged to the User's credit card. 

 

2.8. Cancellation Policy

 

Users can cancel the booking that is still pending or already accepted by the Provider. If the order is still pending (not yet accepted by the provider), the User can cancel it easily by contacting Customer Service through the Babonbo platform or directly contacting the Provider. If the order has already been accepted by the provider, the user can cancel it directly from the order page on the Babonbo platform by clicking the cancel button of the related order.

If a pending order is cancelled, the hold on the card will be released automatically within 7 days.

 

For accepted orders, refunds are handled separately for product rentals and delivery services.

• Regarding the amount paid for the product rental, the user receives a full refund (minus the Babonbo commission) if the user cancels at least 5 days before your check-in date. This means that if the rental starts within 5 days, the rental amount is non-refundable.

• Regarding the amount paid for the delivery & pickup services, the user receives a full refund (minus the Babonbo commission) for delivery and pickup charges if the user cancels at least 2 days before your check-in date. This means that if your order starts within 2 days, delivery and pickup fees are non-refundable.

• Baby Gear Protection (Insurance) fees are non-refundable, regardless of when you cancel.

 

To this respect, the Users expressly acknowledge that once the booking of the Equipment and/or Services is confirmed, Babonbo shall be granted to receive the full amount of Babonbo commissions. Therefore, only with respect to the Babonbo commissions, the Users shall not benefit from any right of refund.

In the event that users are not present at the time of delivery, they will be charged the full amount.

If users request for partial cancellations of the products or services in the order, the same rules above apply regarding the refunds. 

2.9. Extension of the rental period

 

If the User wishes to extend the rental period, the User can make a request through the Platform by contacting Customer service. If the product is available and the provider confirms the availability to do the service in extended time, Babonbo makes the order modification on the system. The difference between the original order and the new order is charged to the customer's credit card.

 

2.10. Condition of the Equipment at Return

 

The User is responsible for any loss, theft, intentional or unintentional damage to the Equipment for any reason during the rental period. Equipment must be returned in the condition in which it was received. 

 

• If the Equipment is not reasonably clean on return, the User shall be charged a cleaning fee of €20, plus a 15% Babonbo User commission for each item to their credit card.

 

• If the Equipment is damaged (in the case of a reasonably feasible repair), the User shall be charged a corresponding amount for the repair. There shall be an additional 15% Babonbo User commission.  

 

• In the case reasonably feasible repair is not possible,  the amount of the second-hand value of the products that are in great condition in the local market shall be charged to the User. Also, there shall be an additional 15% Babonbo User commission.  

 

In case of a car seat accident, the User must immediately inform the Provider and Babonbo.

 

• In the event of loss, theft, damage or non-return of the Equipment or destruction of the Equipment (in the event of repair not reasonably feasible), the full amount of the second-hand value of the products that are in great condition in the local market shall be charged plus a 15% Babonbo User Commission.

 

You must not, under any circumstances, use a car seat once you are involved in a car accident. You are solely responsible for any result upon using a car seat after a car accident. 

 

If the User is required to pay cleaning or damage fees, the Provider takes a photo of the equipment at the moment of the return of the product and sends it to the User copying info@babonbo.com in CC. Upon receiving such email from the Provider, Babonbo shall, at its sole discretion, decide the amount to be charged for cleaning or damage from the User and notify the User about the amount to be charged. Babonbo shall charge the amount from the credit card of the User plus the 15% Babonbo User commission. 

 

2.12.  Baby Gear Protection Insurance

 

If the Users purchased and added Baby Gear Protection Insurance to the rental order, the users are protected within certain limits against the following unintentional damages that can happen during the rental period:

 

• Accidental drops and spills on the fabric

• Component breakage

• Scratches

 

Here are our insurance coverage prices and conditions for all rental products:

 

• € 2.00 / day for strollers: Babonbo pays up to € 150.00 of the total damage and the rest of the second hand value of the product will be paid by the customer if the product cannot be repaired.

 

• € 1.00 / day for all other products: Babonbo pays up to € 75.00 of the total damage and the rest of the second hand value will be paid by the customers if the product cannot be repaired.

 

Baby Gear Protection does not cover: 

• Loss

• Theft

• Intentional damage

 

2.11. Compliance with Consumables and Equipment Manufacturer Documentation - Limitation of Liability

 

The User must comply with all (a) manufacturer's user manuals or other written instructions provided by or available to Providers and (b) all applicable laws, rules and regulations for any Equipment or Consumables.

 

The Providers may only show the User how to install car seats with the manufacturer's user manuals, however, it is entirely the User's responsibility to do so correctly for the safety of their children, themselves or others.

 

Babonbo shall have no liability for any reason whatsoever for any loss or damages suffered by the User or third parties in relation to or as a result of the use of the Equipment or Consumables provided by the Provider. Any claim in relation to any Services provided by the Provider to the User shall be submitted by the User directly and exclusively against the Provider, not Babonbo in any circumstance. To avoid doubt, Babonbo is only the intermediary between the Parties and has no control over any Service, Consumables or Equipment provided by the Provider.  

Without prejudice to the above, and to the extent permitted by the law, Babonbo shall only be liable for direct damages actually suffered, paid or incurred by the User only due to a breach of Babonbo’s obligations under Babonbo T&C attributable to it and up to an aggregate amount of the Babonbo User commission applicable to the related transaction. Babonbo is not liable for any indirect losses or loss of profit. 

Concerning the Users who are consumers, this clause applies as far as possible under mandatory consumer protection legislation permits.

 

2.12. Data Storing, Sharing and Privacy

 

By accepting this User T&C, you explicitly consent and authorize Babonbo that Babonbo can store the personal data or any other data you shared with Babonbo to register on the Platform and receive Provider Services and consent that Babonbo can share the data with the Provider which is necessary for the Provider to provide its Services to you.

 

To receive Services, you will be provided with information about the Provider, including the Provider's information. Provider information is confidential information. You can use the Provider information ONLY for the purpose of receiving the Services requested through the Platform and in full compliance with the law, this User T&C and the privacy policy published on the Platform.

 

You explicitly give consent that your data may be stored and processed in order to receive and offer the Services to the extent permitted by the applicable law.

 

You also accept and agree to comply Babonbo's Privacy Policy which is available on https://www.babonbo.com/en/legal/privacy