TERMS & CONDITIONS
For the supply of goods
Valid from 01March 2023
1. The contract between
1.1 Baobabe must receive payment of the whole of the price for the
goods that you order before your order can be accepted. Once payment has been
received by Baobabe we will confirm that your order has been accepted by
sending an email to you at the email address you provide in your order form.
Our acceptance of your order brings into existence a legally binding contract
between us. Once payment has been received by us, it is no longer possible for
you to amend, cancel or skip your order and for us to refund you for failure to
take these actions before the order was accepted by us.
2.1 The prices payable for goods that you order are as set out on
2.2 You will be required to pay extra for delivery and it might not
be possible for us to deliver to some locations. Our delivery charges are set
out in our website.
2.3 We reserve the right to increase our prices.
3. Cancellation by us
3.1 We reserve the right to cancel the contract between us if:
3.1.1 we have insufficient stock to deliver the goods you have
3.1.2 we do not deliver to your area; or
3.1.3 one or more of the goods you ordered was listed at an
incorrect price due to a typographical or software error or an error in the
pricing information received by us from our suppliers.
3.2 If we cancel your contract we will notify you by email and will
credit to your account any sum deducted by us from your credit card as soon as
possible but in any event within 30 days of your order. We will not be obliged
to offer any additional compensation for disappointment suffered.
3.3 We reserve the right at our absolute discretion to refuse and
cancel an order where there is a suspicion of fraud.
4. Delivery of goods to
4.1 We will deliver the goods ordered by you to the address you
give us for delivery at the time you make your order. Baobabe makes use of
Royal Mail as our chosen delivery partner.
4.2 Dispatch will be made as soon as reasonably possible after your
order is accepted and in any event within 30 days of your order.
4.3 You will become the owner of the goods you have ordered when
they have been delivered to you. Once goods have been delivered to you they
will be held at your own risk and we will not be liable for their loss or
Products ordered are delivered within 48hours of the Royal Mail having accepted
the goods, Baobabe cannot be held liable for delays caused by the delivery
5.1 If the goods we deliver are not what you ordered or are damaged
or defective or the delivery is of an incorrect quantity, we shall have no
liability to you unless you notify us in writing at our contact address of the
problem within 10 working days of the delivery of the goods in question.
5.2 If you do not receive the goods ordered within 30 days of the
date on which you ordered them, we shall have no liability to you unless you
notify us in writing at our contact address of the problem within 40 days of
the date on which you ordered the goods.
5.3 If you notify a problem to us under clauses 7.1 or 7.2 above,
our only obligation will be, at your option:
5.3.1 to make good any shortage or non-delivery;
5.3.2 to replace or repair any goods that are damaged or defective;
5.3.3 to refund to you the amount paid by you for the goods in
question in whatever way we choose.
5.4 Save as precluded by law, we will not be liable to you for any
indirect or consequential loss, damage or expenses (including loss of profits,
business or goodwill) howsoever arising out of any problem you notify to us
under this condition and we shall have no liability to pay any money to you by
way of compensation other than to refund to you the amount paid by you for the
goods in question under clause 7.3.3 above.
5.5 You must observe and comply with all applicable regulations and
legislation, including obtaining all necessary customs, import or other permits
to purchase goods from our site. The importation or exportation of certain of
our goods to you may be prohibited by certain national laws. We make no
representation and accept no liability in respect of the export or import of
the goods you purchase.
5.6 Notwithstanding the foregoing, nothing in these terms and
conditions is intended to limit any rights you might have as a consumer under
applicable local law or other statutory rights that may not be excluded nor in
any way to exclude or limit our liability to you for any death or personal
injury resulting from our negligence.
5.7 You are responsible for ensuring that all items sold to you are
appropriate for your use and do not contain any substances that may cause you
harm please make a written enquiry of us if you want to know any substances
used in the products sold and/or in their manufacturing process and/or
Unless otherwise expressly stated in these terms and conditions, all notices
from you to us must be in writing and sent to our contact address and all
notices from us to you will be displayed on our website from to time.
7. Events beyond our
We shall have no liability to you for any failure to deliver goods you have
ordered or any delay in doing so or for any damage or defect to goods delivered
that is caused by any event or circumstance beyond our reasonable control
including, without limitation, strikes, lock-outs and other industrial
disputes, breakdown of systems or network access, flood, fire, explosion, or
If any part of these terms and conditions is unenforceable (including any
provision in which we exclude our liability to you) the enforceability of any
other part of these conditions will not be affected.
10. Third party rights
Except for our affiliates, directors, employees or representatives, a person
who is not a party to this agreement has no right to enforce any term of this
agreement but this does not affect any right or remedy of a third party that
exists or is available under any applicable law.
11. Governing law
The contract between us shall be governed by and interpreted in accordance with
the laws of England and Wales and the English courts shall have jurisdiction to
resolve any disputes between us.
12. Entire agreement
12.1 These terms and conditions, together with our current website
of our agreement relating to the supply of the goods to you by us. Nothing said
by any sales person on our behalf should be understood as a variation of these
terms and conditions or as an authorized representation about the nature or
quality of any goods offered for sale by us. Save for fraud or fraudulent
misrepresentation, we shall have no liability for any such representation being
untrue or misleading.
12.2 The content on our site is provided for general information
only. It is not intended to amount to advice on which you should solely rely.
12.3 Although we make reasonable efforts to update the information
and content provided on our site, we make no representations and give no
warranties or guarantees, whether express or implied, that such information and
content is accurate, complete or up-to-date.
13. Returns and Refunds
13.1 We want you to be happy with your Baobabe products, however
due to the nature of the products we cannot accept returns due to change of
mind, change of circumstance 13.2 Refunds will only be accepted if
the goods are faulty, have wrongly been described or you receive an incorrect
order. Please contact us within 14 days of delivery by either email – firstname.lastname@example.org or by telephone 07398254814
14. Our right to vary
these terms and conditions
14.1 We have the right to revise and amend these terms and
conditions from time to time.
14.2 You will be subject to the policies and terms and conditions
in force at the time that you order Products from us, unless any change to
those policies or these terms and conditions 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 and
conditions before we send you the Dispatch Confirmation (in which case we have
the right to assume that you have accepted the change to the terms and
conditions, unless you notify us to the contrary within seven working days of
receipt by you of the Products).