If you agree to order/purchase or promote/sell furniture and/or other products via the babdab.com website, telephone service, email or any other communication, then you verify that you have read, agree and are bound by the terms and conditions set out below.
INFORMATION ABOUT US
www.babdab.com is a site operated by babdab (“We”). Our registered office is at Eastham Hall, Eastham Village, Wirral, CH62 0AF
ACCESSING OUR SITE
Access to Our Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on Our Site without notice (see below). We will not be liable if for any reason Our Site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of Our Site, or our entire site, to users who have not registered with us.
The Customer: The company or individual purchasing furniture via the babdab.com website, telephone or email service.
The Manufacturer: The company, Vendor or individual selling the furniture to the customer.
babdab: the provider of platforms to Users to unexclusively advertise furniture from various Manufacturers.
The Platforms: babdab’s website, telephone, email, printed material or any other marketing tool used to promote the Manufacturers products.
The Services: babdab’s multi-vendor selling platform
The Users: Any company or individual using babdab’s platforms or services
The Products: Any item of furniture or goods sold by the Manufacturer
The Transaction: The process of sale of the Product between the Manufacturer and the Customer
MODIFICATIONS AND TERMS AND CONDITIONS
babdab reserves the right to alter or replace the Terms at any moment at its sole discretion. The Customer shall be responsible for reviewing such modifications before making any purchase.
Furthermore, as a consequence of Maintenance, babdab’s services may be disrupted from time to time due to updates, equipment malfunction and maintenance of our platform that are beyond babdab’s control. babdab reserves the right at any moment and without previous notice to suspend or discontinue any Services.
babdab neither represents the Manufacturer, nor the Customer and merely provides a platform to connect the Customer with the Manufacturer. Therefore the ‘ order‘ received from the customer, whether written, verbal or received by any other means, is an agreement between the Manufacturer and the Customer.
USING BABDAB.COM AND OTHER BABDAB PLATFORMS
In connection with using or accessing the Services and/or Platforms you will not:
- post, list or upload content or items in inappropriate categories or areas on our sites;
- breach or circumvent any laws, regulations, third-party rights or our systems, policies, or determinations of your account status;
- use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
- fail to pay for items purchased by you, unless you have a valid reason, for example, the manufacturer has sent the wrong items or damaged goods
- fail to deliver items sold by you, unless you have a valid reason, for example, the customer fails to comply with the posted terms in your listing or you cannot contact the customer;
- manipulate the price of any item or interfere with any other user’s listings;
- post false, inaccurate, misleading, deceptive, defamatory, or libelous content;
- take any action that may undermine the feedback or ratings systems
- transfer your babdab account (including Feedback) and user ID to another party without our consent;
- distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm babdab or the interests or property of users;
- use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our Services for any purpose, except with the prior express permission of eBay;
- interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
- export or re-export any babdab application or tool, except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
- infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to babdab. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to babdab or someone else;
- infringe any Intellectual Property Rights that belong to third parties affected by your use of the Services or post content that does not belong to you;
- commercialise any babdab application or any information or software associated with such application, except with the prior express permission of babdab;
- harvest or otherwise collect information about users without their consent; or
- circumvent any technical measures used to provide the Services.
This agreement, and any Claim will be governed by and construed in accordance with the laws of England and Wales. Furthermore, should any disputes arise between the Customer, Manufacturer and/or babdab, that cannot be settled between the parties involved, these disputes shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
TRANSACTIONS BETWEEN CUSTOMERS AND MANUFACTURERS
Through the Site babdab.com, babdab telephone service and email communications, babdab provides platforms for exchanging information between customers and Manufacturers of products and services. However, for any Services, babdab does not represent either the seller or the buyer in specific transactions. babdab does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Sites, the ability of the Manufacturer to complete a sale or the ability of Customers to complete a purchase.
Users are hereby made aware that there may be risks of dealing with people acting under false pretences. babdab uses several techniques to verify the accuracy of certain information our Users provide us when they register on our website or communicate with us. However, because user verification is difficult, babdab cannot and does not confirm each User’s purported identity. We encourage you to use various means, as well as common sense, to evaluate with whom you are dealing.
Customers and Manufacturers accessing or using the Platforms or Services shall assume the risks of conducting any purchase and sale transactions in connection with or through the Platforms or Services. Customers and Manufacturers accessing or using the Platforms or Services shall also fully assume all risks of liability or harm of any kind arising out of or in connection with any subsequent activity relating to the products or services that are the subject of the transactions on the Platforms. Examples of such risks shall include, but are not limited to, mis-representation of products and services, fraudulent schemes, unsatisfactory product quality, failure to meet specifications, defective or dangerous products, unlawful products, delay or default in delivery or payment, cost mis-calculations, breach of warranty, breach of contract, transportation accidents, the risk that the manufacture, importation, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Platforms may violate or may be asserted to violate Third Party Rights, and the risk that Users may incur costs of defence or other costs in connection with third parties’ assertion of Third Party Rights, or in connection with any claims by any party that they are entitled to defence or indemnification in relation to the assertion of rights, demands or claims by claimants of Third Party Rights. Examples of such risks also include the risk of claims from consumers, other purchasers, end-users of products or other third parties that they have suffered injuries or harm from their use of the products obtained through the Platforms or Services. All of the foregoing risks are referred to as “Transaction Risks”. babdab is not liable or responsible for any damages, claims, liabilities, costs, harm, inconveniences, business disruptions or expenditures of any kind that may arise a result of or in connection with any Transaction Risks.
Customers and Manufacturers on the Platforms are solely responsible for setting out and performance of the terms and conditions of the transactions conducted on, through or as a result of use of the Platforms or Services, including, without limitation, terms regarding payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage, subject to any additional obligations imposed under the law of England and Wales.
User agrees to provide all information and materials as may be reasonably required by babdab in connection with your transactions conducted on, through or as a result of use of the Platforms or Services. babdab has the right to suspend or terminate any User’s account if the User fails to provide the required information and materials without liability for any losses or damages arising out of or in connection with such suspension or termination.
In the event that any User has a dispute with any party to a transaction, such User agrees to release and indemnify babdab (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such dispute or the transaction.
Babdab charges fees to the Manufacturer for the use of the Platforms and Services. These fees constitute a percentage of the Net sale.
Manufacturers must settle all outstanding fees within 30 days of any sale made via the platforms, or within 14 days of payment received from the customer, whichever comes first.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
babdab shall not be responsible for any material added to the site or any other content, remarks, reviews, articles or press releases published online anywhere in respect of the Manufacturers business or products. In principle Manufacturers shall guarantee that any material written by babdab and posted online or written elsewhere, meets their approval and shall notify babdab if any such content is to be modified or deleted.
babdab cannot ensure that the Manufacturer will receive any inquiries, sales or more business as a result of being promoted on the Platforms.
babdab shall not be liable for any delays or failures in performance arising from issues or failures in the delivery of Services via the Platforms. babdab shall not be liable for acts or causes beyond its control, including but not limited to: acts of God, strikes, lockouts, failures of communications lines or machinery, energy failures, earthquakes or other catastrophes.
Users expressly agree that it is at their sole risk to use the babdab Services or Platforms. These Services and/or Platforms are delivered on the grounds of “as is” and “as available.” babdab expressly disclaims all warranties of any kind, express or implied, including any warranty of merchantability, fitness for a specific purpose or non-infringement without restriction.
Despite the security precautions made against disclosure of data, there are commonly certain conditions on the Internet that are beyond the control of babdab and could result in a security violation. Accordingly, babdab cannot guarantee that the Customers or Manufacturers Account Service Data information will be free of corruption, hacking or piracy. You hereby expressly waive any claim against babdab resulting from information loss through corruption, piracy, hacking, security violation or for any other reason not based on babdab’s deliberate or grossly negligent behaviour.
To the maximum extent allowed by law, babdab and any of its parents, members, subsidiaries, affiliates, service providers, licensors, officers, owners or employees shall not be liable for any direct, indirect, special, incidental or consequential damages (no matter how they arose, including negligence), or for interrupted communications, lost data or lost profits, arising out of or in connection with the Services provided. This section does not limit liability for bodily injury of a person.
RELATIONSHIP WITH BABDAB
Babdab is not a party to the dealings between Customer and Manufacturer, including invoicing, delivery, performance, product guarantees, returns or other services provided by the Manufacturer. babdab merely makes the Platforms Services available to enable Manufacturers to identify and determine suitability of Customers for themselves and to enable Customers to identify and determine the suitability of Manufacturers for themselves. babdab does not set Manufacturers terms and conditions, delivery times, schedules, or labour and materials for the delivery of products or services. babdab will not provide the manufacturer with training, materials or any equipment to manufacture and delivery the product to the Customer. babdab does not provide the premises at which the Manufacturer makes and distributes the products. babdab makes no representations about and does not guarantee the quality, safety, or legality of, the Manufacturers Products or Services; or that a Customer or Manufacturer will actually complete a transaction.
babdab does not deduct any amount for withholding taxes for the Customer or Manufacturer, each of which is solely responsible for all tax returns and payments required to be filed with or made to Government tax authorities, with respect to the sale of products and transaction.
babdab is not required to and may not verify any feedback or information given to us by Customers or Manufacturers, nor does babdab perform background checks on Customers or Manufacturers.