Boing Baby

1. Introduction

1.1 BoingBaby is operated by Nova Spark Group ("Nova Spark Group", "we", "us", "our"). These terms and conditions apply to your use of our website and to the purchase of products offered through it.

2. Acceptance

2.1 You represent and warrant that you are a natural person at least 18 years old, have the power to enter into a legally binding contract with us, and are not prevented from doing so by any law or treaty.

2.2 We may request written confirmation of your authority to accept these Terms.

2.3 We reserve the right to refuse access to our site where we consider it necessary or appropriate.

2.4 Placing an order means you confirm you have read these Terms in full, that your order is made in accordance with them, and that you agree to comply with them.

2.5 If you do not agree to these Terms, you must not use the site or purchase any products.

2.6 By visiting our website, purchasing products, or agreeing to these Terms, you also agree to our Privacy Policy and Acceptable Use Policy (Section 12). We recommend printing a copy of these Terms for your reference.

3. Personal use

You confirm you will use the website to purchase products solely for your own personal, non-commercial use and not on behalf of any other person.

4. Prices

4.1 Prices shown include delivery charges but exclude any fees, taxes, duties, levies, or governmental charges ("duty unpaid and untaxed").

4.2 Any duties, taxes, or import VAT relating to the importation of products are your responsibility. Where goods are shipped from a non-EU country, additional charges may apply; the buyer is the "importer of record." Please check your country's import rules before ordering, or contact us if you're unsure whether duties apply.

4.3 We do our best to ensure all details, descriptions, and prices are correct. If a pricing error occurs, we will notify you and give you the option to reconfirm at the correct price or cancel for a full refund. If we cannot reach you, the order is treated as cancelled and refunded.

4.4 We are not obliged to fulfil an order where the quoted price is incorrect, even after an order confirmation.

4.5 Prices may change over time, but changes won't affect an order for which a confirmation has already been sent.

5. Placing an order

5.1 All orders are subject to stock availability. You'll receive an order confirmation once we can fulfil your order. If stock is unavailable, we'll inform you and refund any payment.

5.2 A contract is formed only once we issue an order confirmation, and only for the products listed in it.

5.3 If your order contains multiple products, they may be delivered separately at different times.

5.4 We may remove products or edit content from the site at any time, and are not liable for doing so.

5.5 We may refuse or reject any order at any time, even after sending a confirmation, and are not liable for doing so.

5.6 If we cancel your order after receiving payment, we will refund it in full.

6. Payment

6.1 You may pay using any payment method listed on our website.

6.2 You may pay all or part of an order using a valid promotional voucher, redeemable only online at checkout.

6.3 We may use payment intermediaries to process payments and may pass them documents and information about you, including personal data.

6.4 We are not a regulated payment processor and are not responsible for payment failures caused by payment intermediaries.

6.5 You are responsible for providing complete, accurate payment information, and confirm that the payment method is yours, that you hold any voucher used, and that you have sufficient funds.

6.6 We are not liable for unauthorised use of your cards by third parties. We may report fraudulent payments or illegal activity to the relevant authorities.

6.7 You agree not to make chargebacks or reverse payments for products, and you indemnify us against any loss, cost, or liability arising from such chargebacks or cancellations.

7. Delivery

7.1 We will deliver to the address you provide at checkout, and will indicate an expected delivery date.

7.2 We may notify you if we cannot meet the estimated delivery date but, to the extent permitted by law, will not be liable for losses arising from delivery delays.

7.3 If we cannot deliver to your location, we'll inform you and arrange a refund or an alternative address.

7.4 Risk in the product passes to you on delivery.

7.5 If you cannot accept delivery, the carrier may leave instructions for redelivery or collection. If delivery is delayed by your unreasonable refusal to accept it, we may charge reasonable costs incurred in returning the order.

7.6 Goods are dispatched within 2–5 days of confirmed payment, with standard delivery of 5–8 working days (exceptionally up to 4 weeks) unless otherwise stated. Orders are shipped by our fulfilment partner once the full order is available.

7.7 All duties, taxes, and import charges are the buyer's responsibility, as described in Section 4.2.

8. Cancellation or modification of orders

8.1 You may cancel or amend an order by emailing us at [support@boingbaby.com].

8.2 Once an order has been packed or shipped, it cannot be cancelled or changed and must instead be returned under Section 10. If goods are already in transit, please wait until you receive them and then return them.

8.3 Because orders are triggered quickly through an automated system, a refund before receipt of goods is generally only possible up to 24 hours after the order is placed.

9. Defective products

9.1 Products are standard products, not custom-made to your specific requirements.

9.2 Product descriptions and materials are provided "as is" without express or implied warranty, except as required by law.

9.3 Illustrations may differ slightly from the actual product.

9.4 If your product is faulty, email us at [support@boingbaby.com] with a photo of the fault, and return it under Section 10.

9.5 We will examine the returned product on receipt and notify you of the outcome.

9.6 For confirmed defective products, our obligation (at our discretion) is either to replace the product and cover return/delivery costs, or to refund the price plus return costs via your original payment method.

9.7 If we determine the product is not defective, we may decline a refund and recover reasonable service charges, to the extent permitted by law.

10. Returns and refunds

10.1 Our Returns Policy forms part of these Terms.

10.2 If you are not completely satisfied, email us at [support@boingbaby.com] to return the product. The cooling-off period is 30 days from when you (or a nominated third party other than the carrier) received the last product.

10.3 Return shipping costs are the customer's responsibility, except where the item is faulty, defective, or wrong.

10.4 A refund is issued once we receive and check the returned product.

10.5 The product must be returned unused, in its original packaging, with labels intact and properly packaged. We may decline returns in unsuitable condition.

10.6 Once we're satisfied with the returned product's condition, we'll email approval and promptly refund the original payment method.

11. Vouchers

11.1 You may use promotional vouchers or discounts at checkout by entering a valid code.

11.2 Only one promotional voucher or discount may be used per order.

11.3 Voucher credit bears no interest and has no cash value.

11.4 If voucher credit is insufficient, you may pay the difference using another method.

11.5 If you return an order paid for with a voucher, the voucher value is not refunded; any portion paid by another method may be refunded.

12. Acceptable use

12.1 You may not:

• Use the website in a way that damages it or impairs its performance, availability, or accessibility;
• Use it for any illegal, fraudulent, or harmful purpose;
• Transmit spyware, viruses, Trojans, worms, keyloggers, rootkits, or other malicious software;
• Conduct automated data collection (scraping, data mining, harvesting) without our written consent;
• Access the site using robots, spiders, or other automated means, or violate our robots.txt;
• Use data collected from the site for direct marketing or to contact individuals or entities;
• Attempt to reverse engineer, decompile, or derive the site's source code;
• Use the site to create a competing product or service;
• Resell, assign, sub-license, or lease your access;
• Modify content copied from the site;
• Use the site in any unlawful manner, or place speculative, false, or fraudulent orders.

12.2 You are liable for any loss we incur as a result of your prohibited acts.

12.3 You agree to notify us promptly if you become aware of anyone engaging in prohibited activity and to assist with any investigation.

12.4 Any information you provide must be true, accurate, current, lawful, non-infringing, and not offensive or misleading.

13. Links

13.1 Links from our site to third-party sites are provided for information only and do not imply endorsement. We have no control over their content.

13.2 You may link to our home page in a fair and legal manner that doesn't damage our reputation or imply an association that doesn't exist. We may withdraw permission to link at any time.

14. Intellectual property

14.1 We are the owner or licensee of all intellectual property rights in our website and its content, which are protected by law worldwide. All rights are reserved.

14.2 You may use the website and its content only for your own personal, non-commercial use.

14.3 You may not use our trade marks without our prior written consent. Please notify us of any suspected infringement of our rights.

15. Data protection

15.1 Our Privacy Policy forms part of these Terms.

15.2 We use cookies on our website. By accepting these Terms, you agree to our use of cookies as described in our Privacy Policy.

15.3 Where you provide personal data, we will process it in accordance with our Privacy Policy and take appropriate security measures.

16. Viruses and security

16.1 We do not warrant that our website is secure or free from errors or viruses. You are responsible for configuring your technology to access it and for using your own anti-virus software.

16.2 You must not knowingly introduce malicious material, attempt unauthorised access to our systems, or carry out denial-of-service attacks. We may report breaches to law enforcement.

17. Liability

17.1 To the fullest extent permitted by law, we are not liable for losses arising from third-party content, the accuracy of our content, the products' suitability for a particular purpose, reliance on information on our site, inability to access the site, or any delay/failure caused by circumstances beyond our reasonable control (including telecommunications or power failures, acts of terrorism, strikes, severe weather, supplier failures, and staff illness).

17.2 We are not liable for any loss of profits, business, goodwill, savings, or any indirect, special, or consequential loss, even if foreseeable.

17.3 Our total liability arising from these Terms is limited to the greater of US$1,000 or five times the price you paid for the products giving rise to the liability.

17.4 Any claim must be brought within one year of the act or omission that allegedly caused the loss.

17.5 All implied warranties and conditions (including satisfactory quality and fitness for purpose) are excluded to the fullest extent permitted by law.

17.6 These limitations do not affect our liability for death or personal injury resulting from our negligence, for fraud, or for any other liability that cannot be excluded or limited by law.

18. Indemnification

18.1 You will indemnify us against all claims, costs, and losses arising from your material breach of these Terms, your fraud, negligence, or misconduct, or your use of our website.

19. Force majeure

19.1 If a force majeure event lasts more than one week, we may terminate these Terms by written notice, with no liability other than refunding products you've paid for but not received.

20. Variations

20.1 We may change these Terms from time to time and will notify you of material changes. The current Terms apply to your use of the website. If you do not agree to the amended Terms, you must stop using the site and purchasing products.

21. Your breach

21.1 If you breach these Terms (or we reasonably suspect you have), we may issue warnings, temporarily block your access, suspend order processing, refuse payment, permanently bar access, or take legal action.

21.2 If we suspend or block your access, you must not attempt to circumvent it.

22. Termination and suspension

22.1 You may stop using the site at any time. We may suspend or withdraw the site, in whole or part, for commercial or operational reasons, and will try to give reasonable notice. We do not guarantee uninterrupted availability and are not liable for compensation in the event of suspension or withdrawal.

23. Effect of termination

23.1 Termination ends our obligation to provide customer service and does not entitle you to compensation. Sections 17 (Liability) and 18 (Indemnification) survive termination.

24. General provisions

24.1 You may not assign your rights under these Terms.

24.2 If any provision is found invalid or unenforceable, it will apply to the maximum extent permitted, and the remaining provisions remain in force.

24.3 A failure or delay in exercising a right is not a waiver of it.

24.4 These Terms are for the benefit of you and us, and are not enforceable by any third party.

25. Definitions

• "Order" — the order you place through our website to purchase products.
• "Order Confirmation" — the email we send confirming your order.
• "Payment Intermediary" — any third-party payment processor we use.
• "Product" — a product offered on our website.
• "Website" — boingbaby.com.

Headings are for convenience only. Words in the singular include the plural and vice versa.

Please email us at [support@boingbaby.com] with any questions about these Terms, the website, or our products.