This page (together with the documents referred to on it) tells you:
– the terms on which we sell and supply any products (the “Products”) listed on our website https://allnewbornprops.com (the “Website”); and
Please read these terms of sale and use (the “Terms”) carefully before you purchase a Product or start to use our Website. By purchasing a Product and/or using our Website, you indicate that you accept the Terms and that you agree to abide by them. If you do not agree to the Terms, please refrain from purchasing any Products or using our Website.
Information About Us
The Website is a site operated by MB Propmodus (the “Company”), Registration number 304442175 is registered in Lithuania, Europe. The registered office is at Narsieciu g. 50, Teleiciu k., Kauno r., Lithuania. For any questions, please contact via email at [email protected]
References to “we”, “us”, “our” and “All Newborn Props” in these Terms are references to the Company.
Terms of Sale
Any sale of Product(s) via the Website will be on the basis of these Terms of Sale. We suggest you print a copy of these and retain them for your records.
By placing an order on the Website, you confirm that you are legally capable of entering into binding contracts and at least 18 years old.
FORMATION OF CONTRACT
The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between us and you until your order has been expressly accepted by us (whether or not funds have been deducted from your account). If we do not accept your offer and funds have already been deducted, these will be fully refunded. To place an order, you will be required to follow the shopping process online and press the “Authorise payment” button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the “Order Confirmation”). Please note that this does not mean that your order has been accepted. Your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the “Shipping Confirmation”). The contract for the purchase of a product between us (“Contract”) will only be formed when we send you the Shipping Confirmation.
AVAILABILITY OF PRODUCTS
All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to give you information about substitute products of an equal or higher quality and value which you can order. If you do not wish to order the substitute products we will reimburse any monies that you may have paid.
REFUSAL OF ORDER
We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will use our reasonable endeavours to process all the orders submitted to us, there may be exceptional circumstances which mean that we may need to refuse to process or accept an order after we have received it or sent you an Order Confirmation, which we reserve the right to do at any time. We will not be liable to you or any other third party by reason of our withdrawing any product from this website, removing or editing any materials or content on this website or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
Subject to availability (see Clause Availability of Products above), and unless there are any exceptional circumstances, we will endeavour to fulfil your order for product(s) listed in the Shipping Confirmation by the delivery date set out in the Shipping Confirmation or, if no estimated delivery date is specified, then within a maximum of 30 days of the date of the Order Confirmation.
If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the Contract and receive a refund for any products you have paid for but not received. With regard to the e-Gift-Voucher, we will send it on the date indicated by you when you place your order but not earlier than next working day.
Please note however that we do not deliver on Saturdays or Sundays, except in the case of the e-Gift-Voucher which will be delivered on the date indicated by you.
For the purpose of these Terms “delivery” or “delivered” shall be deemed to have occurred upon you or a third party nominated by you acquiring physical possession of the products, which will be evidenced by the signing for receipt of the products at the agreed delivery address. The e-Gift-Voucher shall be deemed to be delivered in accordance with the Terms and Conditions of the e-Gift-Voucher, and in all cases on the delivery date of the virtual card to the e-mail address indicated by you.
All Newborn Props cannot be held responsible for losses, inconveniences, costs or other damages resulting from late deliveries.
RETURNS POLICY, REFUNDS POLICY AND EXCHANGES
We want you to be delighted with your purchase but if you are not you can return any item within 14 days of receiving your purchase, provided the return conditions specified below are met. Please notify us at [email protected] within 3 days of receiving your purchase that you wish to return the item(s) indicating your order number, the item and the reason for your decision. Shipping and handling charges paid on your original shipment are not refundable.
Please note that it is not possible to return Pre-ordered items and items under the category Last Chance. This does not affect your statutory rights. Payment will be taken at the time of or shortly after you submit your order and in advance of shipping. Please note that the process of making your ordered item(s) starts just hours after placing your order and production costs are involved.
You can return an item(s) by post. Place the item(s) in the original shipping box and seal the parcel securely. Make sure your items are securely wrapped.
Parcels are returned at your own cost, and we strongly recommend you obtain a certificate of postage from the Post Office as we are responsible for your parcel only once it has been received into our warehouse. Items lost in transit will not be treated as returned.
Due to strict custom regulations into Lithuania DO NOT send anything back without getting specific shipping information from All Newborn Props.
All Newborn Props reserves the right to refuse acceptance of items sent without our prior authorization.
– Purchases must be returned in its original packaging.
– Items returned must be in their unused original condition with all All Newborn Props item tags attached and any related accessories or instruction booklets included.
– Incomplete, damaged, worn, soiled or altered returns, or anything All Newborn Props reasonably believes has been used, will not be accepted and therefore sent back to the customer.
We will examine the returned item(s) and notify you of your refund via email within a reasonable period. Refunds will be processed within 10 working days of the day we received the Product. Working days are Monday to Friday excluding Lithuanian public holidays. Shipping and handling charges paid on your original shipment are not refundable.
Refunds, including Product(s) received as a gift, will be credited to the original purchaser’s method of payment.
Please remember that it can take three to four days after we have processed a refund payment for it to appear on your credit card statement.
Please retain your Shipping Note until you have received your refund.
If the item which you are returning was purchased in a currency other than your local currency, any refund will be paid in the same currency as purchase. Due to fluctuations in currency exchange rates the amount refunded may be higher or lower than the original price paid.
Currently orders cannot be exchanged. Please return your order to us within 14 days for a refund, ensuring that the return conditions are met. A new order can be placed through AllNewbornProps.com at any time.
PRICE AND PAYMENT
The price of any Products will be as quoted on our Website in Euros from time to time, except in cases of obvious error. These prices exclude delivery costs which will be added to the total amount. All orders will be charged in Euros. Your credit card company may apply a conversion fee to your transaction.
Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent a Shipping Confirmation.
Despite our best efforts, occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information, refuse to accept orders or cancel Contracts if any information on the Website is inaccurate at any time without prior notice. Where a Product’s correct price is less than our stated price, we will charge the lower amount when sending the Product to you. If a Product’s correct price is higher than the price stated on the Website, we will normally, at our discretion, either contact you for instructions before shipping the Product or reject your order and notify you of such rejection. We are under no obligation to provide the Product to you at an incorrect (lower) price, even after we have sent you a Shipping Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
OVERSEAS CUSTOMS DUTIES, FOREIGN TAXES OR OTHER FEES
Depending on the destination country, you may need to pay overseas customs duties, foreign taxes or other fees that may be imposed. These will be collected by the destination country’s customs office and payment will be the responsibility of the customer. Your local customs office should be able to provide more information on taxes, duties and customs regulations if you contact them directly.
Should a package be refused it will not be returned to us and the total invoiced amount will still be charged to the customer.
Products purchased from this Website are intended for use as photography props only. Never leave any item unattended without a parent or adult nearby the newborn or baby. Products are of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied. Subject to any specific warranties offered in relation to specific Products or those implied by law, we do not offer any guarantees or warrantees in relation to the Product(s).
We are only liable for losses you suffer as a result of us breaching these Terms, which is strictly limited to the purchase price of the Product you purchased and any losses which are a foreseeable consequence of us breaching these Terms. Losses are foreseeable where they could be contemplated by you and us at the time your Order is accepted by us. In any event, we are not responsible for any indirect losses of any nature and howsoever arising (whether loss of income, revenue or otherwise). This does not include or limit in any way our liability for any matter for which it would be unenforceable for us to exclude or attempt to exclude our liability, including but not limited to personal injury or death as a result of negligence and/or fraud.
EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (Force Majeure Event).
Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
WAIVER AND RIGHTS OF THIRD PARTIES
If we do not insist upon strict performance of any of your obligations under the Contract or these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
No person other than a party to this Contract shall have any rights to enforce any term of this Contract.
If any of these Terms or any provisions of the Contract are determined to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede any previous arrangement, understanding or agreement between us, relating to the subject matter of any Contract.
We each acknowledge that, in entering into a Contract, neither of us relies on nor has any remedies in relation to, any statement, representation, assurance or warranty (Representation) which is not expressly set out in these Terms and any document expressly referred to in them.
Nothing in this paragraph shall limit or exclude any liability for fraud.
OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to revise and amend these Terms from time to time. You will be subject to the policies and Terms in force at the time that you order Products from us, unless any change to those policies or these Terms 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 Shipping 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).
LAW, JURISDICTION AND LANGUAGE
Contracts for the purchase of Products through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by the laws of the Republic of Lithuania. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of the Republic of Lithuania. Any contracts for the purchase of Products through our website and all communications between us will be in the English language.