Terms & Conditions

  

  1. Applicability 

These  Terms  and  Conditions  (the  “Terms”)  govern  the  contractual  relationship  between www.babyology.qa and you. They govern our offering of products and services, your ordering, the delivery, the provided warranties and all services that are related thereto.

 Information about us and our contact address can be found here.

By  registering  on  our  website,  and  by  placing  an  order  from  your  virtual  shopping  basket, you will be asked to confirm in the checkbox that you accept these terms and conditions, and thus you will be deemed to have accepted these terms and conditions if you place your order. If you do not agree with any of these terms and conditions, you must not order from us.

The use of our website is furthermore governed by our Website Use Terms that are available here.

Furthermore, our Privacy Policy will apply which can be found here. The headings of these terms and conditions are for your convenience only and do not limit or otherwise affect these terms. “

These Terms and Conditions are only applicable to consumers, being physical persons who order goods or services only for non-professional purposes.

     2. Offering

The  products  or  services,  and  the displayed  price,  are  not  considered  as  binding  offers from our side. Your order is an offer to buy from us, and only our confirmation of the order by e-mail will constitute a binding contract.

All the products that are advertised or included in our catalogue are available while our stock or the stock of our suppliers lasts. Not all the displayed products are in stock. We cannot guarantee that each product is immediately available for purchase. Only our confirmation notice based upon your order will indicate the availability and the timing for delivery. If for any reason beyond our reasonable control, we are unable to supply a certain product, we will not be held liable and we will ensure that you will not be charged for that product.

In case of unavailable product, we may offer a substitute product. You will be informed in advance in that case, and the product will only be supplied if you agree.

We try to display the images of our products as accurately as possible, however we cannot guarantee that certain images would give an unclear or distorted image of the shape or colour of the products.

The  depictions  and  descriptions  of  our  products  and  services  are  only  valid  for  a  limited period of time. If you decide later to purchase a product or service, you should re-examine  the  description. 

In  case  we  have  erroneously  displayed  the  incorrect  price  of  a  product,  we  will  not  have an obligation to deliver it to you at the indicated price, provided that we notify this in our order confirmation or at the latest before the dispatch of the product. Our order confirmation will not be regarded as binding if the price was clearly erroneous. You will then have an opportunity to buy the product at the correctly proposed price. If you would refuse to buy the product at the corrected price, we will all payments that you have done at the time of your order.”

The  availability  of  the  subscription  services  may  depend  on  a  variety  of  factors  including delays or cancellations of certain events or games, the application of national or  foreign  laws  or  regulations,  court  orders,  decisions  made  by  content  providing  channels,  technical  problems  or  delays,  rescheduling  or  cancelling  of  programs.  If  your  access  to  the  subscription  services  is  materially  interrupted  or  suspended,  or  otherwise temporarily unavailable, we may at our discretion provide you with certain credits, however we will not have an obligation to do so. If a long-term unavailability affects your use of the services, we will in good faith negotiate in order to find an acceptable  and  reasonable  solution.

  1. Ordering

You must register before being able to order products or services.

The ordering process follows different steps through the pages of the virtual shopping basket. At every step, you will be able to return to the former step of the process in order to correct any errors or to modify your requirements.

Before your final order at checkout, we will present you an overview of the product or service purchased by you, and the complete purchase price, including taxes and costs of delivery. Your order and our confirmation will be stored in our database and these files will serve  as  a  proof  of  the  transaction. 

Your order is an offer to purchase a product or service from us.

We will send you an order confirmation by e-mail, including the goods or services purchased, the all-inclusive price and as the case may be any restrictions or reserves. Only our confirmation will constitute a binding purchase contract.

You are responsible for the submission of correct information in your order, such as your billing information, the delivery address, and other useful information in relation to the delivery.

We reserve the right to refuse the sale of products or services to any person or any geographic region for any reason at any time. This can be decided on a case by case basis. Furthermore, we reserve the right to limit the volume of products or services that we offer for one purchaser, one household or for one order, and such decision may  be  based  on  orders  by  the  same  account,  the  same  credit  card  or  the  same  billing or shipping address. 

We reserve the right to prohibit or limit sales to dealers or  resellers.

We reserve the right to discontinue any product or service at any time.

You  have  a  right  to  modify  or  cancel  your  order  before  it  is  shipped  by  us.  We  will  acknowledge whether or not the good(s) have been shipped. 

In case you have paid for a product that we are unable to supply or that we decline to  supply  because  of  any  of  the  above  mentioned  reasons,  we  will  fully  refund  the  prepaid  price  immediately  as  stated  in  our  refund  clause  (see  further  below). You  are  able  to  download  our  terms  and  conditions  in  PDF  format.  The  different  versions over time  are stored here and can be downloaded with an indication of their validity  period. 

You agree that the digital logs that we keep with digital files evidencing your and our transactions and messages, will constitute proof of your and our transactions. 

  1. Customer Requirements

Notwithstanding  any  other  requirements  stated  in  our  terms  and  conditions,  you  must fulfil the general requirements of this clause.

You must be over eighteen years of age in order to be able to register and to purchase products or services. If we discover that you are not eighteen years of age, we have the right to cancel any order made by you and to delete your record as a registered person.

You warrant that the details provided by you at the time of your registration or any other  time,  are  correct  and  complete.

You may not purchase and/or use our products for any illegal purpose or in any illegal manner.

Each subscription account is an account for a single user, and you will not allow any third person to access or use the subscription services by way of your account. As a subscriber, you may access and use the services via up to three (3) registered devices. Simultaneous access to an account on more than one device is however prohibited.

The use of the subscription services is restricted to private, personal and residential use  only.  You  shall  not  use  the  services  for  any  commercial  purpose,  and  shall  not  distribute  the  services,  nor  display  the  services  to  any  group  of  people  outside  of  a  private  residence  or  household,  especially  not  in  hotels,  bars,  restaurants,  clubs,  theatres or other public areas. Any infringement on these restrictions may be regarded as an infringement on intellectual property rights of us or of our licensors.

  1. Password and Security

The  merchant  must  be  certain  that  he  is  dealing  with  a  consumer  who  is  the  person  that  he  claims to be, and who will be bound by any transaction that is done using the account. Without a presumption of this kind, orders could be cancelled by consumers claiming that unauthorized persons  have  misused  the  consumer’s  account. 

When you register at the www.babyology.qa you will create an identification code for login and a password. We urge you to use a password that is sufficiently original and that is not obviously linked to your person so that it can be guessed by third persons.

Every  action  and  transaction,  including  any  order,  that  is  done  using  this  login  and  password will be deemed to have been done by you, and you will be held responsible for such action.

Thus, it is essential that you keep the login identification and password confidential and that you will not disclose it to anyone, nor share it with other persons. If you allow certain other persons, such as family members, to access our website through your internet connection using your login identification and password, you must ensure that such persons are aware of the terms and conditions, and that they comply with these terms and conditions.

If you believe that your password is no longer confidential nor secure, you must notify us immediately by contacting our customer services, and we will enable you to change the password or to take other steps.

If we have reason to believe that there is likely a breach of security, or misuse of our website, or that your password is being misused in any way, we may require you to change  your  password,  and  we  may  suspend  your  account  if  the  password  has  not  been  changed.  We  will  not  be  liable  for  any  losses  arising  out  of  any  unauthorized  access to, or use of our services or purchases through your account.

  1. Price

The indicated price of a product that is displayed on our website or catalogue does not  include  the  delivery  charges  nor  the  taxes  that  are  eventually  due,  which  will  depend on the place of delivery and the delivery method that you choose. The final price, including the applicable charges and taxes, will be indicated and added during the checkout of the virtual shopping basket, immediately before the order.

The prices of our products or services are subject to change without notice. We do not guarantee that indicated prices will remain applicable during a certain period of time.

If the indicated price must be regarded as an error, we may act as stated in clause 2.

 All our prices are stated in Qatari Riyal (QAR).

Any promotions and discounts will be valid only during the indicated period and in accordance with the Law.

You  are  solely  responsible  for  any  and  all  charges  for  Internet  access,  data  usage,  mobile charges and/or any other charges incurred for the access to, and use of, our services.

  1. Payment and Methods

 Payment will be done in the currency Qatari Riyals (QAR).

 We accept the following payment methods, subject to changes from time to time:

 - Cash payment on delivery (COD).

 - Credit Card, Debit Card and NAPS.

The chosen payment method will be indicated by the consumer during the ordering process at the checkout of the virtual shopping basket.

Payment information, such as credit/debit card details, will be sent encrypted using the  SSL  technology.

If you purchase a subscription that is subject to automatic renewal you irrevocably and unconditionally authorize us to continue the collection of each renewal payment by means of the selected payment method until you change the payment method or until you cancel the renewal of the subscription in accordance with these terms and conditions.

If  any  payment  is  not  done  in  full,  we  reserve  the  right  to  suspend  access  to  the  services  until  the  outstanding  payment  is  received  by  us.

If you choose a payment option that involves a third party payment service provider, such  as  a  credit  card  issuer  or  other  service  provider  whose  services  are  available  through  our  website,  the  terms  and  conditions  or  schemes  of  that  payment  service  provider will apply to your payments and to your purchase, insofar this is indicated by the payment service provider. We do not offer more rights, remedies or warranties than  those  provided  by  the  payment  service  provider  and  you  are  advised  to  read  their  terms  and  conditions  carefully.  We  are  not  liable  for  actions  or  negligence  of  payment  service  providers.

  1. Recurring Subscriptions

The  term  of  your  subscription  commences  on  the  date  and  time  of  the  purchase,  which  is  the  date  of  the  activation  of  the  service,  and  the  subscription  services  will  terminate  upon  expiry  of  the  validity  period  of  the  subscription  if  you  cancel  the  renewal of the subscription by e-mail or registered mail, with a notice of at least one month before the expiry date. However, your subscription will automatically renew for an identical validity period, and will continue to be renewed automatically thereafter, unless cancelled by you with a notice of at least one month before the renewal date.

  1. Warranties

We warrant that the products purchased from our website will be free from defects in material and functioning, are undamaged, and are free from any other non-conformity to the description and the specifications of the products for a period of 7 days from the date of shipping, under the conditions set out in this clause.

You must inspect the delivered products at the time of delivery or as soon as possible thereafter, and  you  must  notify  us  about  any  apparent  defects  or  non-conformity  within 7 days after the delivery of the products, by e-mail or registered mail to our customer services as indicated in our identification page.

Defects  or  non-conformities  that  are  not  apparent  at  the  time  of  a  reasonable  inspection and that become apparent during the warranty period must be notified to us  within  7  days  after  the  discovery  of  the  defect  or  the  non-conformity. 

Our warranty does not cover:

 -  Visible defects or non-conformities which were not notified by you at the time of delivery or within 7 days thereafter;

 -   Defects  caused  by  an  incorrect  use  or  manipulation  of  the  product,  contrary  to  the requirements of the use manual, incorrect maintenance or insufficient care, as stated  in  the  instructions  or  as  is  generally  required  for  similar  products

 -  Defects that are caused by designs, requirements or specifications submitted by you at the time of the order.

When  any  valid  claim  based  on  any  defect  or  non-conformity  in  the  products  is  correctly notified to us, we shall be entitled to repair or replace the products (or the defective  part  thereof)  free  of  charge,  or,  we  may  decide,  at  our  sole  discretion,  to  refund to you the price of the goods, but we shall have no further liability to you. We will try our best efforts to return a repaired or replaced product to you within 7 days as from the day of your claim

In case you are entitled to benefit from any warranty as given by the manufacturer, importer or distributor of the product or a part of it, given to us or to you directly, you will only have a direct claim against the manufacturer or his importer, distributor or other representative for Qatar if you are entitled to such a direct claim; in case you have a claim against us, our liability will be limited in accordance with the manufacturer’s or importer’s or distributor’s warranty, exclusions and conditions.

We do not warrant that sold products or services are fit for a particular purpose of the consumer.

Except  as  explicitly  provided  in  this  clause  or  any  other  clause  of  these  terms  and  conditions, all warranties, conditions or remedies provided by the applicable Law are excluded, to the fullest extent that is permitted by Law. 

  1. Delivery

We will ship and deliver the purchased products to the delivery address that you have specified when you completed the order.

The lead times for the delivery are indicated here. These times are approximate only. In case delivery does not take place within the indicated timeframe, you must contact our consumer service and we will try to find out.

We  will  be  liable,  and  you  are  entitled  to  terminate  the  contract  and  obtain  a  full  refund, if delivery does not take place within 7 calendar days after your order, unless we have agreed on a longer lead time.

For larger objects, please check the measurements of the product and the packaging if indicated, and check whether it will fit in an elevator, door, path or any other space. You will be responsible for such verifications.

(in case of delivery to a physical address :) We are entitled to hand over the package to any person available at the destination address who signs the delivery note and who declares, by signing, being authorized to take the delivery. We will not be liable if such person has not been authorized by you to accept the delivery.

If no person is present or willing to receipt the delivery, we will deliver the product within 3 days.

The goods are at your risk once they are in your possession or in the possession of someone nominated  by you.

  1. Inspection and Delivery

You are advised to inspect immediately the products at the time of delivery, and if that is not possible, at least as soon as is practicable.

If you would discover a defect or non-conformity for which you believe that we are accountable, you must notify us within 7 days, failing which you will be deemed to have accepted the sold goods.

  1. Exchange Policy

 If you are entitled to an exchange , we will exchange the product within 14 days of receipt according to the following principles:

 -  in case of defective or otherwise non conform products that cannot be repaired nor replaced within the warranty period: under similar conditions as in (a); in case of use during a certain period of time: possibly minus a use compensation.

 -   in  case  of  products  that  are  damaged  or  lost  during  transportation  to  your  destination  address.

Any exchange for products or services that have been purchased under promotions, will result in a refund of the promotional price only.

  1. Intellectual Property

You are not permitted to reproduce, duplicate, copy, capture, sell, resell, or commercially exploit any portion of our goods or services, without our prior written permission.

You are not permitted to remove any copyright notice or trademark.

Purchased software may include End User License Agreement or other types of licenses that contain conditions and limitations of use; you must verify such terms when you install and use the software.

  1. Liability for Products and Services

We will never be liable for any damage caused by our products or services other than personal damage to your health or your personal belongings, as well as that of your household; we will never be liable for any moral or commercial damage, nor for loss of opportunities.

In case of liability for products causing damage, we will not be liable if you can file a claim against the manufacturer or importer of the product directly, If we would be held liable notwithstanding our disclaimer we will only be liable up to the maximum liability assumed by the manufacturer or importer, and all disclaimers and exclusions expressed by the manufacturer or importer will apply to us as if these were formulated by us.

In case  our  product  contains  a  defect  that  creates  a  danger  or  risk  to  the  health  or  safety of consumers, we will respect the legal framework for product recalls, and we will inform the market about the risks as the Law requires. If you would have purchased such  product,  we  ask  you  to  follow  the  instructions  for  the  return  or  repair  of  such  product.

We will not be liable for damage caused by an incorrect use or maintenance of a product, by an infringement on the conditions for purchase or any instructions, warnings, age restrictions, or modifications to a product that were not approved by us. 

  1. Exceptional Circumstances

We will not be liable if we cannot execute our obligation, or if the execution would be so burdensome or expensive that we would risk a major loss, due to an exceptional event  that  we  could  not  reasonably  anticipate.  In  such  circumstance  we  will  assess  whether we can perform a delayed obligation, when the circumstances would allow us to perform in a reasonable manner.

  1. Changes to Our Services

We reserve the right to revise, alter or change the subscription services from time to time including pricing models, payment options, our offerings, channels ... Any changes to our services will apply no earlier than thirty (30) days after e-mail notification to you.  If  you  do  not  agree  with  the  proposed  change,  you  are  entitled  to  cancel  your  subscription by e-mail to our customer service or by registered mail within fifteen (15) days after our e-mail notification. You will then be entitled to a refund of any prepaid price pro rata the time period that you cannot use the services 

  1. Changes to the Terms and Conditions

We are entitled to update and modify these terms and conditions from time to time. The fact that the terms and conditions have been updated will be notified to you by e-mail or via an announcement on our website.

The  new  terms  and  conditions  apply  to  any  purchases  after  the  date  of  application  thereof.

You  are  encouraged  to  review  the  terms  and  conditions  before  every  subsequent  purchase  and  by  indicating  that  you  have  read  the  terms  and  conditions  before  placing your order, you are deemed to have accepted these terms and conditions that are  currently  applicable. 

You can always download a version of our terms and conditions.

In  case  of  discussions  about  the  applicable  version  of  terms  and  conditions  in  a  particular point in time, the applicable version that we keep in our database as valid at  a  particular  point  in  time

  1. Communications

You may contact us using the telephone number or e-mail address.

We may contact you at the telephone number, e-mail address or address indicated by you at the time of your registration.

We have the right to send you commercial communications by e-mail if you have given specific consent for such use of your data. You will be able to withdraw your consent and to opt out of such communications as is stated in our Privacy Policy.

  1. Complaints

In case of complaint, we urge you to contact our customer service first at our phone number or email. Customer service is available on business days during the business hours 9:00am to 4:00pm from Sunday to Thursday and in the following languages: Arabic or English. We will review your complaint in good faith and will try to find an acceptable solution if your complaint seems justified.

     20. Various

If any clause of these terms and conditions is deemed unenforceable or will become unenforceable due to new legislation, it will be deemed null and void, and you and us will be deemed to accept a clause that is valid and is as close as possible to the content of the unenforceable clause.

You are not entitled to transfer any rights, any obligation, or any subscription to a third party without our prior written consent

  1. Applicable Law and Disputes

Our  contractual  relationship,  and  the  validity,  interpretation  and  execution  of  these  Terms and Conditions is governed by the Law of Qatar.

The Court of Qatar will have  jurisdiction regarding disputes based on our contractual relationship.