Terms of Sale
Article 1 – Definitions
These General Terms of Sale (hereinafter the "GTS") are offered by the company MERLINEJOSEPHLTD, under number 16668090 and whose registered office is located at 71-75 Shelton Street, Covent Garden, London WC2H 9JQ UNITED KINGDOM (hereinafter "YOURWAY").
The following terms shall be defined as:
"Site": the website "https://baby-yourway.com" and all of its pages, exclusive property of the Company.
"Products" or "Services": all products (goods) and services that can be purchased or subscribed to on the Site.
"Seller": YOURWAY, legal or natural person, offering its Products or Services on the Site.
"Customer": the internet user, individual or professional, making a purchase of Product(s) or Service(s) on the Site.
"Consumer", in accordance with the definition in the preliminary article of the Consumer Code: "any natural person who acts for purposes which do not fall within the scope of their commercial, industrial, craft or professional activity."
Internet users visiting the Site and interested in the Products and Services offered by the Seller are invited to read these GTS carefully, to print them and/or save them on a durable medium, before placing an order on the Site.
The Customer acknowledges having read the GTS and accepts them in full.
Article 2 – Application of the GTS and purpose of the Site
The Seller reserves the right to modify the GTS at any time by publishing a new version on the Site.
The GTS applicable to the Customer are those in force on the day of their order on the Site.
Legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, legal notices and data charter of this Site.
This Site offers online sales of baby feeding accessory products.
The Site is freely and openly accessible to all Customers. The purchase of a Product or Service requires the Customer's acceptance of all of these GTS, which acknowledges having fully read them. This acceptance may consist, for example, of the Customer ticking the box corresponding to the phrase accepting these GTS, with wording such as "I acknowledge having read and accepted all the general conditions of the Site". Ticking this box shall be deemed to have the same value as a handwritten signature by the Customer.
Acceptance of these GTS assumes that Customers have the necessary legal capacity to do so. If the Customer is a minor or does not have this legal capacity, they declare that they have the authorization of a guardian, curator or legal representative.
The Customer acknowledges the evidentiary value of the Seller's automatic recording systems and, unless they provide proof to the contrary, waives the right to contest them in the event of a dispute.
Any Order for Products implies unreserved acceptance by the Customer and their full and complete adherence to these General Terms of Sale, which prevail over any other document: catalogues, advertisements, notices, except by express prior derogatory agreement from the Company.
Article 3 – Customer Service
The customer service for this Site is accessible by email at the following address: "contact@baby-yourway.com", by form or by post at the address indicated in the legal notices. The Customer must indicate in the email their first name, surname, the subject of their request and their Order number.
For any professional enquiries (partnership, media, contract proposals), the Company can only be reached by email at contact@baby-yourway.com.
Article 4 – Order subscription procedures and purchase process description
The Products and Services offered are those shown in the catalogue published on the Site. Each product is accompanied by a description prepared by the Seller based on descriptions provided by the supplier.
The photos on the Site are not contractual and may vary significantly from the photographed models. These variations are due to the settings of different screens and cameras, product lighting, shooting angle, etc.
The "Basket" is defined below as the intangible object grouping all the Products or Services selected by the Site Customer for purchase by clicking on these items. In order to place their order, the Customer chooses the Product(s) they wish to order by adding them to their "Basket", the contents of which can be modified at any time.
The Customer places the Order via the Site: the Customer records and validates the Order on the Site.
To place an Order on the Site, the Customer freely selects one or more Products from the Site catalogue, by clicking on the "add to Basket" button. On the "Basket" page, the Customer has the opportunity to check the details of their Order and correct any errors, before confirming it.
On the "Information" page, the Customer must enter their contact information. They can opt for Order tracking by email by ticking the required box.
On the "Delivery" page, the Customer must choose their shipping method from those offered.
On the "Confirmation" page, the Customer must enter their bank details and billing address. The Customer also has the option to enter a promotional code if they have one.
A complete summary of the Order appears. The Customer has the opportunity to modify all elements of the Order before finalisation. The Customer is responsible for any errors relating to the Order, Products and contact information.
The sale is validly concluded when the Customer has confirmed the Order by clicking on the "Complete my order" button, has accepted the General Terms of Sale, and has made payment according to the method they have chosen, subject to the exercise of the right of withdrawal.
The Order validation date corresponds to the date of receipt of cash payment of the total price including VAT duly recorded.
Article 5 – Price and payment methods
Unless otherwise stated, the prices shown in the catalogue are prices in Pounds Sterling including all taxes (inc. VAT), taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.
YOURWAY reserves the right to pass on any change in the VAT rate to the price of Products or Services. The Seller also reserves the right to modify its prices at any time. However, the price shown in the catalogue on the day of the order will be the only one applicable to the Customer.
The Customer can place an order on this Site and can make payment by Credit/Debit Card, Bancontact, Apple Pay or PayPal. Credit/debit card payments are made through secure transactions provided by an online payment platform provider.
This Site does not have access to any data relating to the Customer's payment methods. Payment is made directly to the bank or payment provider receiving the Customer's payment. In the case of payment by bank transfer, the delivery times defined in the "Delivery" article of these GTS only begin to run from the date of actual receipt of payment by the Seller, who may provide proof of this by any means. Product availability is indicated on the Site, in the descriptive sheet of each Product.
YOURWAY will archive order forms and invoices on a reliable and durable medium constituting a faithful copy. Computerised records will be considered by the parties as proof of communications, orders, payments and transactions between the parties.
Article 6 – Delivery
Delivery costs will be indicated to the Customer before any payment. The Site has no geographical delivery limitation; orders can be shipped anywhere in the world. The delivery times indicated when ordering are for information purposes only and remain dependent on any delays by postal services or other special circumstances preventing delivery (demonstrations, bad weather, etc.).
In the event of delivery of a Product outside the territory of the European Union and in the French Overseas Territories, the Customer declares themselves to be the importer of the Product and accepts that in such cases the Seller may be materially unable to provide them with accurate information on the total amount of fees relating to customs duties and formalities or import taxes applicable in the country where delivery of the Product is requested.
Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum period of thirty (30) days after the conclusion of the contract with a Consumer Customer.
During hand delivery, the customer may refuse a parcel at the time of delivery if they notice an anomaly concerning the delivery (damage, Product missing compared to the delivery note, damaged parcel, broken Products, etc.); any anomaly must then be indicated by the Customer on the delivery note, in the form of handwritten reservations, accompanied by the Customer's signature. To exercise their right of refusal, the Customer must open the damaged or defective parcel(s) in the presence of the carrier and have them take back the damaged goods. During letterbox delivery, the customer undertakes to check the parcel immediately and to contact YOURWAY support if they notice any anomaly. Failure to comply with these requirements means the Customer will not be able to exercise their right of refusal, and the Seller will not be obliged to grant the Customer's request to exercise their right of refusal.
If the Customer's parcel is returned to the Seller by the Post Office or other postal providers, the Seller will contact the Customer upon receipt of the returned parcel to ask them what should be done with their order. If the Customer has refused the parcel by mistake, they may request it to be resent by paying the postage costs for the new shipment in advance. Postage costs must be paid even for orders where shipping costs were free at the time of ordering.
n the event of a delivery error or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract entered into to acquire the Product or Service allows withdrawal), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from clumsiness or incorrect handling by the Customer cannot be attributed to the Seller.
Any delivery delay compared to the date or deadline indicated to the Consumer Customer when placing their order or, in the absence of a date or deadline indication when ordering, exceeding thirty (30) days from the conclusion of the contract may result in the cancellation of the sale at the initiative of the Consumer Customer, upon written request by registered letter with acknowledgement of receipt, if after having instructed the Seller to make the delivery they have not done so. The Consumer Customer will then be refunded, no later than fourteen (14) days following the date on which the contract was terminated, for all sums paid. This clause is not intended to apply if the delivery delay is due to force majeure.
Special case of a parcel whose tracking number indicates it is "delivered" but not received in the letterbox: if the Customer notices and informs the Seller that the parcel is not in their letterbox despite the tracking number indicating that it is "delivered", customer service may ask them for additional information as well as an official document from Royal Mail responding to their complaint regarding the corresponding tracking number. The Seller will then do everything possible to guarantee Customer satisfaction, notably by offering immediate re-shipment of the products at their own expense.
Article 7 – Right of withdrawal and withdrawal form
In accordance with the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, Consumer Customers have fourteen (14) days..." They will be required to return any product that does not suit them and request an exchange or refund without penalty, except for return costs, within fourteen days from receipt by YOURWAY of the refund request.
The Product must be returned in perfect condition, in its blister pack and unused. The Consumer Customer can find below a standard withdrawal form for an order placed on the Site, to be sent to YOURWAY. It is understood that the Customer will bear the costs of returning the Product in the event of withdrawal.
It is recommended that the Customer make the return using a solution that allows parcel tracking. Otherwise, if the returned parcel does not reach the Seller, it will not be possible to launch an investigation with postal services to ask them to locate it.
The refund will be made using the same payment method as that chosen by the Customer for the initial transaction, unless the Customer expressly agrees for the Seller to use another payment method, and provided that the refund does not incur any costs for the Customer.
The Seller also reserves the right to defer the refund until receipt of the Product or as long as the Customer has not demonstrated that they have shipped the Product, if such demonstration has not previously taken place.
In the event of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer's liability may be engaged.
Withdrawal Form
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of:
MERLINEJOSEPHLTD - 71-75 Shelton Street, Covent Garden, London WC2H 9JQ UNITED KINGDOM
I / we () hereby notify you of my / our () withdrawal from the contract for the sale of the following goods:
Order number:
Name / First name:
Telephone number:
Email address:
Postal address:
Reason for claim:
Exchange (mention the desired product) Refund (attach complete bank details with IBAN and BIC/SWIFT code)
Signature of the Customer(s) (only in case of notification of this form on paper):
Date:
(*) Delete as appropriate.
Article 8 – Product Warranty
Legal provisions to be reproduced
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
The postponement, suspension or interruption of the limitation period cannot have the effect of extending the extinctive limitation period beyond twenty years from the day the right arose in accordance with Article 2232 of the Civil Code.
All items purchased on this site benefit from the following legal guarantees, provided for by the Civil Code:
Legal guarantee of conformity
The Seller is required to deliver goods that conform to the contract concluded with the Consumer Customer and to be liable for defects in conformity existing at the time of delivery of the Product. The guarantee of conformity may be exercised if a defect should exist on the day of taking possession of the Product.
However, it will be up to the Customer to prove that the defect existed at the time of taking possession of the Product.
"In the event of a lack of conformity, the buyer chooses between repair and replacement of the goods. However, the seller may not proceed according to the buyer's choice if that choice entails a manifestly disproportionate cost compared to the other option, taking into account the value of the goods or the importance of the defect. They are then required to proceed, unless impossible, according to the option not chosen by the buyer."
Legal guarantee against hidden defects
In the event of non-conformity of a delivered Product, it may be returned to the Seller who will proceed with its exchange. In the event that it is impossible to exchange the Product (obsolete Product, out of stock, etc.), the Customer will be refunded by cheque or bank transfer for the amount of their order. The costs of the exchange or refund procedure (including return shipping costs for the Product) are then borne by the Seller.
Article 9 – Liability
The Seller YOURWAY cannot be held responsible for non-performance of the contract concluded due to the occurrence of a force majeure event. Concerning purchased Products, the Seller will not incur any liability for any indirect damages arising from these terms, loss of business, loss of profit, damages or costs that may occur.
The choice and purchase of a Product or Service is the sole responsibility of the Customer. The total or partial impossibility of using the Products, particularly due to equipment incompatibility, cannot give rise to any compensation, refund or liability of the Seller, except in the case of a proven hidden defect, non-conformity, defectiveness or exercise of the right of withdrawal if applicable, i.e. if the Customer is not a Consumer Customer and the contract entered into to acquire the Product or Service allows withdrawal, according to Article L 121-21 of the Consumer Code.
The Customer expressly agrees to use the Site at their own risk and under their sole responsibility. In any event, YOURWAY cannot under any circumstances be held responsible for:
The Seller's liability cannot therefore be engaged if the characteristics of the Products differ from the visuals present on the Site or if these are erroneous or incomplete.
Article 10 – Force Majeure
Force majeure events are circumstances beyond the reasonable control of either party. , events independent of the will of the parties, which they could not reasonably be expected to foresee, and which they could not reasonably avoid or overcome, insofar as their occurrence makes the performance of obligations totally impossible, are considered cases of force majeure or fortuitous events.
The occurrence of a case of force majeure will automatically suspend the execution of the Order.
Beyond a period of ninety (90) calendar days, if the parties note the persistence of the force majeure event, the Order may be cancelled by one of the parties, and the sales contract terminated. To this end, the most diligent party must send the other a registered letter with acknowledgement of receipt terminating said sales contract.
The effective date of termination will be the date of first presentation of the letter. In this case, neither party may claim damages, unless otherwise agreed by both parties.
Article 11 – Intellectual Property Rights
All elements of this Site belong to the Seller or to a third-party agent, or are used by the Seller with the authorization of their owners.
All texts, comments, works, illustrations and images, whether visual or audio, reproduced on the Site are protected under copyright law, trademark law, image rights and patent law. No one is authorized to reproduce, exploit, redistribute, or use in any capacity whatsoever, even partially, elements of the Site. Any simple or hypertext link is strictly prohibited without express written agreement from the Company. In all cases, any link, even tacitly authorized, must be removed upon simple request from the Company.
Only the use of the Site for private use, subject to different or even more restrictive provisions of the Intellectual Property Code, is authorized.
Any total or partial reproduction of the Company's catalogue is strictly prohibited. Any other use constitutes infringement and is sanctioned under Intellectual Property law unless prior authorization is obtained.
Any reproduction, representation, adaptation of logos, textual, pictographic or video content, without this list being exhaustive, is strictly prohibited and amounts to counterfeiting.
Any Customer found guilty of counterfeiting may have their account deleted without notice or compensation and without this deletion constituting damage to them, without prejudice to any subsequent legal proceedings against them, initiated by the Seller or their agent.
The trademarks and logos contained in the Site may be registered by YOURWAY, or possibly by one of its partners.
Article 12 – Processing of Personal Data
The Company collects Customer data: a) for the purposes of processing and tracking the Customer's Order on its Site; (and/or) b) for the purposes of being able to contact you about various events relating to the Company, including in particular Product updates and customer relationship management; (and/or) c) for the purposes of collecting information allowing us to improve the Site and our Products (particularly through cookies).
The data collected is processed by the Site's contractual service providers who are responsible for packaging and distributing the ordered Products, as well as by the hosting provider Shopify Inc., whose servers are secure and protected by a firewall.
The data collected is retained by the Company only for the time corresponding to the purposes of the collection above and which cannot in any case exceed five (5) years.
In accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018..."
The Customer may exercise their rights by email at contact@baby-yourway.com.
Article 13 – Comments and Other User Submissions
If the Customer sends ideas, suggestions, or other elements, whether online, by email, by post, or otherwise (collectively, "comments"), at the Company's request or not, the Customer grants the Company the right, at any time, and without restriction, to edit, copy, publish, distribute, translate and otherwise use in any media any comments that the Customer sends to it.
The Company is not and shall not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.
The Company may monitor, modify or delete content that it deems, in its sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or criminally punishable, or that infringes any intellectual property or these General Terms of Sale.
The Customer agrees to write comments that do not violate the rights of third parties, including copyrights, trademarks, confidentiality, personality, or other personal or property rights. The Customer agrees not to write illegal, defamatory, offensive or obscene content in their comments, and that they will not contain computer viruses or other malicious software that could affect the operation of the Site or other associated websites. The Customer agrees not to use a false email address, pretend to be someone else, or attempt to mislead the Company and/or third parties as to the origin of their comments.
The Customer is entirely responsible for their published comments and their accuracy. The Company assumes no responsibility and disclaims all liability for comments published by the Customer or third parties.
Article 14 – Severability of Clauses
If any provision of the GTS is deemed illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the GTS and shall not affect the validity and enforceability of the remaining provisions.
These GTS supersede all prior or contemporaneous written or oral agreements. The GTS are not assignable, transferable or sub-licensable by the Customer themselves.
A printed version of the GTS and any notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTS. The parties agree that all correspondence relating to these Terms of Sale may be written in English or French."
Article 15 – Applicable Law and Mediation
The General Terms of Sale are subject to the laws of England and Wales"
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited, blocked, stolen or falsified bank card. In this context, no attempt at amicable settlement will be accepted.
The fact that a clause of these General Terms of Sale becomes null and void cannot call into question the validity of the other provisions and does not exempt the Customer from the performance of their contractual obligations.
Indemnity
You agree to defend, indemnify and hold the Company, its affiliates, officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, lawyers, suppliers and employees, harmless from any claim or demand, including reasonable legal fees and court costs, caused by a third party due to or arising from your use of the website or our products and services, your breach of the terms or your breach of your acknowledgements, agreements, representations, warranties and obligations herein.
National or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract may be submitted to mediation at the Customer's request.
UK consumers can access alternative dispute resolution through Retail ADR (https://www.retailadr.org.uk) or the Centre for Effective Dispute Resolution (CEDR)"
The European Commission website describes the mediation process used and allows Customers to submit an online mediation request accompanied by supporting documents.
The dispute may not be examined by the Mediator if:
the Customer does not prove having attempted, beforehand, to resolve their dispute directly with the Company through a written complaint,
the request is manifestly unfounded or abusive,
the dispute has been previously examined or is being examined by another mediator or by a court,
the consumer has submitted their request to the mediator more than one year after their written complaint to the Company,
the dispute does not fall within their scope of competence.
Mediation is free for the Customer. If the Customer uses, at any stage of mediation, a lawyer, a third party of their choice or an expert to defend them, they will bear the costs alone.
The Mediator may not receive any instructions from the parties nor be remunerated based on the outcome.
Participation in mediation does not exclude the possibility of recourse to a court. The parties remain free to submit their dispute to a judge within the framework of applicable legal provisions. In the event of a dispute before a judge, jurisdiction is attributed to the competent Estonian court.
The Site reserves the right to initiate criminal proceedings against any attempt at fraudulent purchase or purchase with a prohibited or blocked bank card, or stolen or falsified cheque. In this context, no attempt at amicable settlement will be accepted.
The fact that a clause of these General Terms of Sale becomes null and void cannot call into question the validity of the other provisions and will not exempt the Customer from the performance of their contractual obligations.
Parts Warranty:
The warranty is limited to 30 days following the date of purchase under normal conditions of use and excluding a breakdown caused by an external factor. Under these conditions, the seller undertakes to replace the defective part.
18 December 2024
Article 16: SMS Policy
SMS Policy:
By consenting to SMS marketing from YOURWAY at checkout and by initiating a purchase or subscribing via our subscription tools, you agree to receive recurring SMS notifications (for your order, including abandoned payment reminders), SMS marketing offers and transactional SMS, including review requests from us, even if your mobile phone number is registered on a national or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving SMS marketing messages and notifications, reply STOP to any mobile message sent by us or use the unsubscribe link we have provided in one of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless service provider. Message and data rates may apply.
For any questions, please text HELP to the number from which you received the messages. You can also contact us at https://baby-yourway.com/pages/contact or by email at contact@baby-yourway.com for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on these occasions. You agree that all messages you send to a telephone number or short code that we have changed, including STOP or HELP requests, will not be received, and we will not be required to honour requests made in those messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed or misdirected delivery of any information sent via the service, for any errors in such information and/or for any action you may or may not take in reliance on the information or service.
Your right to privacy is important to us. You can view our privacy policy at: https://baby-yourway.com/pages/privacy-policy to determine how we collect and use your personal information.