TERMS & CONDITIONS
Please read these terms and conditions carefully. They contain very important information about your rights and obligations, as well as warranty and liability limitations that may apply to you. By placing an order for Products, you (“Customer”) accept and agree to these terms and conditions. A binding contract will only be formed upon ShuShu Babies giving notice of its formal acceptance of an order. Acknowledgment of receipt of an order shall not constitute acceptance of an order.
In these terms and conditions: ShuShu Babies is referred to as “ShuShu Babies”. “Customer” or “you” refers to the person (a natural person or other legal entity) who orders Products or Services via this website or an ShuShu Babies telephone call centre, and whose order for Products is accepted by ShuShu Babies; “Contract” is the contract containing these terms and conditions, formed by ShuShu Babies’ acceptance of your order, and credit card or other payment details; “Products” are the products listed as items for sale on ShuShu Babies websites; “Services” are any services available from ShuShu Babies through ShuShu Babies websites, for example, delivery or packaging services; “Terms” are these terms and conditions of sale; “ShuShu Babies websites” are the websites operated by or on behalf of ShuShu Babies; and “day” refers to a calendar day.
- GENERAL – APPLICATION OF TERMS AND CONDITIONS
Customer’s (your) purchase of Products, whether through a ShuShu Babies website or a ShuShu Babies telephone call center, is subject to these Terms and no other terms or conditions shall apply. These Terms override any other terms or conditions referred to by Customer or in any course of dealing.
A consumer is entitled to notify the seller that he withdraws from the sale, without penalty and without giving any reason within 30 days after the day of delivery. For further information on returns: See section 15 or phone ShuShu Babies on the appropriate call center number listed on the website.
- CHANGES TO TERMS AND SHUSHU BABIES WEBSITES
ShuShu Babies may amend these Terms, including payment, guarantee, and warranty terms, without notice. Also, ShuShu Babies reserves the right to modify the terms of separate Product guarantees, at any time. ShuShu Babies may provide notices of changes to ShuShu Babies websites, the Terms, and other matters by displaying notices or hypertext links to notices or by simply making the changes on the relevant ShuShu Babies website.
Frequent review of ShuShu Babies websites and these Terms is recommended. However, Contracts concluded on the basis of previous terms and conditions remain unaffected.
Although care is taken to ensure the accuracy of the information on ShuShu Babies websites, they could include inaccuracies or typographical errors, including pricing errors. ShuShu Babies shall not be obliged to honor, nor be liable in respect of, such errors. ShuShu Babies and third-party suppliers may make improvements and/or changes in Products, Prices, and other details described in ShuShu Babies websites, at any time. Changes are periodically made to update ShuShu Babies websites.
- PRODUCT INFORMATION AND AVAILABILITY CHANGES
ShuShu Babies continually updates and revises Products. ShuShu Babies may update, revise and/or discontinue Products and/or any peripheral products at any time. ShuShu Babies may revise prices for Products listed as available items on ShuShu Babies websites at any time. A price remains valid only for the duration of the day on which the Customer visits the page of the ShuShu Babies website displaying that price or the day on which the Customer is informed of the price by ShuShu Babies endeavors (through a telephone call center or otherwise). ShuShu Babies displays current Products at https://www.shushubabies.com/ and on local or country-specific ShuShu Babies websites, such as https://www.shushubabies.com/
ShuShu Babies endeavors to maintain Product availability. However, Product availability constantly changes and different Products and Product groups may have different availabilities. All orders are subject to the availability of the relevant Product(s). ShuShu Babies reserves the right to prioritize orders and to allocate limited stock between orders as it deems fit.
Any weights and measurements stated on ShuShu Babies websites are approximate.
The price of the Products shall be ShuShu Babies currently applicable price at the date and time of acceptance of the Customer’s order. This may be specified on ShuShu Babies websites or at Product purchase “check-out”, but the definitive price shall be that which is notified to Customer by ShuShu Babies on acceptance of the order by ShuShu Babies. Any incorrect prices on ShuShu Babies websites shall be void and of no effect and in respect of any orders placed for incorrectly priced Products, the correct price as determined by ShuShu Babies shall be notified to the Customer and, if the Customer wishes to continue with the order, substituted in place of the incorrect price.
Prices do not include shipping or handling costs, transport insurance, VAT (or other revenue tax), duty and other taxes, levies, or charges of any authorities unless otherwise specified, or otherwise required by applicable law. You agree to pay shipping and handling costs for Products, and any other charges described in the previous sentence (if applicable), as specified in the invoice issued by ShuShu Babies after purchase of Products from ShuShu Babies.
- MANNER OF PAYMENT
ShuShu Babies accepts payment by approved credit card or debit card. ShuShu Babies does not accept other means of payment (e.g. check) without ShuShu Babies prior agreement through its telephone call center or otherwise. Payment options may vary from country to country.
- TERMS OF PAYMENT
Customer must tender payment (via an accepted credit card or other payment means accepted by ShuShu Babies) on or before the delivery of Products unless otherwise agreed with ShuShu Babies. Invoicing and payment collection by ShuShu Babies may be effected through third parties.
For credit card payments, the Customer must provide his or her valid credit card number and other requested details either in the relevant purchase “check-out” section of the relevant ShuShu Babies website or to the telephone call center agent, when the Customer orders Products. ShuShu Babies will attempt to verify the validity of the credit card with the card’s issuer and may convey acceptance of the order (as set out below) to the Customer if the credit card is accepted.
ShuShu Babies will charge credit cards & debit cards on shipment after a Contract has been concluded (i.e. after ShuShu Babies has verified Product availability and accepted the Customer’s order and payment method).
- ORDER ACKNOWLEDGMENT, ORDER ACCEPTANCE, CONTRACT FORMATION
All orders for Products placed by you with ShuShu Babies are subject to acceptance by ShuShu Babies. ShuShu Babies may in its sole discretion accept or reject orders, or advise you of its inability to process orders.
ShuShu Babies may send you an acknowledgment of receipt of an order, by e-mail or another medium (including telephone). Such an acknowledgment of receipt may be automatically generated and shall not constitute an acceptance of the order. ShuShu Babies websites through which orders can be placed may contain automatic means for identifying and alerting you to certain types of input errors before you place your order. Such means may not identify all errors or omissions and you should ensure that the information you submit in your order is accurate and complete.
If an order placed online through a ShuShu Babies website, by e-mail, or by telephoning a ShuShu Babies to call center is accepted, ShuShu Babies may advise of its acceptance of the order by e-mail or other written form. ShuShu Babies reserves rights to acknowledge or accept verbally (by telephone) telephone orders placed through its call center or similar facilities.
Any Contract is dependent and conditional upon ShuShu Babies verification of availability and acceptance of both your order and your credit card or other payment details. Unless and until ShuShu Babies confirms acceptance of both of these items, ShuShu Babies has no obligation to provide any Products. Where Customer has elected to make payment other than with a credit card (and ShuShu Babies has accepted that payment option), ShuShu Babies is entitled to consider an order or Contract canceled with or without notice to the Customer, if ShuShu Babies does not receive that payment within 10 days of the date of the relevant order acknowledgment.
We maintain records of orders, order acknowledgments and Contracts (including these Terms and order acceptances) and retain these for a reasonable period following delivery. Whilst we may if necessary (and only on written request) be able to provide you with a copy of your Contract, these are not made generally available to Customers. We recommend that you retain a printed copy of these Terms with a copy and/or note of your order, order acknowledgment, order acceptance, payment method acceptance, and invoice as evidence of purchase.
- ACCOUNT INFORMATION
You are solely responsible for 1) providing true, accurate, current, and complete information about you as prompted in the ShuShu Babies website account details section or as requested by a ShuShu Babies telephone call center agent (“Account Information”), and 2) maintaining and promptly updating Account Information to maintain its accuracy, currency, and completeness. You are solely responsible for the security of any password provided to you for purposes of facilitating Product purchases or other matters via this and other ShuShu Babies websites. ShuShu Babies shall not be liable for any unauthorized use of passwords.
Products will be delivered to delivery addresses within the US only, except as otherwise exceptionally agreed with ShuShu Babies. ShuShu Babies will use its discretion in selecting a reputable carrier and appropriate means of delivery. ShuShu Babies may deliver Products by installments in any sequence.
- DELIVERY DATE
ShuShu Babies aims to deliver promptly. However, there may be reasons for ShuShu Babies inability to ship according to its target dates (most of which are beyond ShuShu Babies control). Accordingly, any dates given by ShuShu Babies for the delivery of Products are estimates only, and ShuShu Babies cannot and does not undertake that delivery will occur on any specified dates.
However, you have the option of canceling your order at any stage prior to dispatch of your Products by ShuShu Babies. You may also have a right to return Products after they have been delivered (see ‘Your Right to Return and Returns Policy below).
If Products cannot be delivered by any estimated or target dates given by ShuShu Babies, ShuShu Babies may elect to cancel the order and refund any money paid by the Customer. If an order is canceled ShuShu Babies only obligation shall be to refund any money paid by the Customer to ShuShu Babies.
ShuShu Babies retains full legal title to Products until it has received in full all amounts due on those Products and (to the extent permitted by applicable law) payment on any other Products that you have ordered. ShuShu Babies reserves rights (subject to applicable law) to terminate Customer’s right to use, sell or otherwise deal in Products, and to enter the premises of Customer and repossess Products (or to instruct a third party to do so), if payment is not made when due, or if the credit card company declines payment or requires ShuShu Babies to return any payment made for the Products, for any reason.
- YOUR ACCEPTANCE OF PRODUCTS
You have the responsibility for examining the Products on delivery and verifying their condition, and that the content of the Product package is complete. Products will be considered to have been accepted by you on delivery, as in good condition, and with all accessories, components, and other products and content to be contained in or packaged with the Product, and as otherwise in accordance with the Contract, unless you have on delivery or promptly thereafter inspected the Products and notified ShuShu Babies of any deficiencies or defects.
- YOUR RIGHT TO RETURN AND RETURNS POLICY
You may return purchased Products for any reason for a full refund of the Product purchase price actually paid within 30 days following the date you receive the Products, subject to compliance with the following:
You must obtain a ShuShu Babies Return Merchandise Authorization number. This number may be obtained from ShuShu Babies via telephone or email, via the standard contacts posted on the ShuShu Babies website. You must return the Products to the address and in the manner indicated on the return documentation.
The ShuShu Babies return reference number must be prominently displayed on the outside of the package in which the Products are returned to ShuShu Babies. Your ShuShu Babies invoice must be enclosed with the returned Products.
You must pay the return delivery charges and assume all risk of loss and damage to Products while in transit to ShuShu Babies.
Products must be returned in the original packaging, in “as new condition.”
If you return Products (1) that have been damaged or used, (2) without a ShuShu Babies Return Merchandise Authorization number, (3) after the 30 day returns period, (4) without proper or with missing packaging, (5) parts of which, including components, included products, accessories, packaging, boxes, documents and/or other items are damaged or missing, or (6) without pre-paid delivery, ShuShu Babies retains the right either to refuse to refund the Product purchase price (subject to applicable local law), or to charge you repair, restocking or related fees and delivery charges. ShuShu Babies may in that case deduct those fees and charges from any payments to be refunded to you.
On return of Products, ShuShu Babies will, subject to the above qualifications, repay the Product purchase price amount paid to ShuShu Babies, less any fees and charges due to ShuShu Babies (as per the above), by crediting your relevant credit card or bank account (or other means in which the Product was purchased). In the event that the return is due to an error by ShuShu Babies then ShuShu Babies will refund the total purchase price including postage paid to ShuShu Babies by the customer.
The issue by ShuShu Babies of a Return Merchandise Authorization number shall not constitute an acceptance or acknowledgment of any right to return Products, except to the extent that these Terms or mandatory applicable laws confer such a right.
In addition to the above ShuShu Babies return procedure which can be found on the ShuShu Babies website, www.shushubabies.com will apply.
- RESALE OF PRODUCT
Customer shall not resell Products. ShuShu Babies may (among other reasons) reject orders placed by Customer if the Customer breaches this term (with regard to any Products) or if ShuShu Babies reasonably suspects that the Customer has breached or will breach this term.
- LIABILITY LIMITATION
These Terms set out the full extent of ShuShu Babies obligations and liabilities in respect of the supply of, or failure to supply, Products. ShuShu Babies is not liable to you (or any other parties):
- for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantages (even if ShuShu Babies have been advised of the possibility of such damages), however, caused, through serious fault, Product unavailability or otherwise and regardless of the theory of liability, whether in contract, tort or otherwise (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts or gross negligence, or other fault bases),
- for 1) loss of the use of Products or inability to order Products via a ShuShu Babies website or other media, 2) the cost of procuring substitute goods and services resulting from any Products, data, information or services purchased or obtained or messages received or transactions entered into through a ShuShu Babies website or other media, 3) unauthorized access to or alteration of your transmission or data, or 4) statements or conduct of any third party regarding any matter relating to content downloaded from a ShuShu Babies website or other media.
This clause and the limitations of liability apply also to ShuShu Babies named as the guarantor or warrantor (if any), in the relevant Guarantee. If applicable law prevents, restricts, or limits ShuShu Babies ability to limit or exclude its liability or its liability in respect of certain kinds of loss, the limitations and exclusions in these Terms shall apply to exclude or limit ShuShu Babies liability to the maximum extent permissible.
This site does not provide medical or other licensed professional advice. Nothing stated or posted on this site or available through any services are intended to be, and must not be taken to be, the practice of medicine. The site materials, such as text, graphics, images, and information obtained from this site are for informational purposes only. The site is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of information you have obtained through this site. If you think you may have a medical emergency, call your doctor or 911 immediately.
Important Consumer Qualification
Nothing in these Terms limits excludes or affects (and should not be read to limit, exclude or affect) ShuShu Babies liability which, under the laws which apply to you (which may include consumer protection laws in your usual country of residence) cannot be excluded or limited.
Nothing in these Terms affects (or should be read to limit or affect) statutory rights under applicable national laws in force that apply to you. You may assert your rights at your sole discretion.
- DATA PROTECTION AND PRIVACY
General – data collection
By submitting orders:
you consent to the processing of data personal to you, such as your name and title, address, telephone number, contact details, and other personal details (“Personal Data”), in accordance with the terms notified in the “Personal Data” (or similarly entitled) section of ShuShu Babies website order submission form or the telephone call center ordering process.
You acknowledge that the processing of your Personal Data is necessary for the performance of the contract and you consent to such processing.
In certain circumstances, ShuShu Babies may seek additional personal information such as photocopies of identification documents or credit cards for example for identity verification or fraud prevention purposes. Where such additional information is submitted to ShuShu Babies it shall also be regarded as “Personal Data”.
ShuShu Babies may share, make available or transmit Personal Data to other departments and divisions in ShuShu Babies (subject to ShuShu Babies strict compliance with applicable data protection laws).
- EXPORT CONTROL
You acknowledge that Products licensed or sold to you under these Terms may be subject to export control laws and regulations of jurisdictions including but not limited to, the countries of the European Economic Area. You confirm that, should this be the case, you will not export or re-export them in breach of such laws or regulations.
- OTHER – GENERAL
Notices and Communications
Each party (i.e. you or ShuShu Babies may send notices or communications to the other by personal delivery, e-mail, regular mail, or fax. Notices or communications must be sent to the latest contact details specified by the receiving party.
Notices and communications will be considered received by the addressee (as applicable):(1) If by courier or other modes of personal delivery, on the date of personal delivery to such addressee’s address as last specified by that addressee before dispatch; or (2) if by post, 5 working days after the date of registered posting (by airmail, delivery receipt requested) to the addressee’s address last specified by the addressee before posting; or (3) if by facsimile, contemporaneously with facsimile transmission to the facsimile number last specified by the addressee before transmission, with delivery being evidenced by an appropriate successful transmission contact report. E-mail communications shall be considered received by the addressee on the earlier of (1) the earliest time at which the e-mail is accessible by the addressee; (2) receipt by the sender of a delivery receipt message indicating successful delivery to the intended addressee’s e-mail address, or (3) the expiry of 48 hours from the sending of the e-mail; provided that if at any point the sender receives notification that the e-mail has not been successfully transmitted to an addressee then the e-mail shall not be deemed to have been received by that addressee. Order cancellations by Customers via e-mail shall only be effective upon express acceptance thereof by ShuShu Babies.
ShuShu Babies may at its option accept orders and acknowledge, accept or effect other communications by telephone. Telephone communications by ShuShu Babies shall be as effective as written communications.
No omission or delay on the part of any party to insist on strict performance of any Terms, or in exercising any right, power or remedy under these Terms, shall operate as a waiver thereof, nor shall any single or partial exercise by any party of any right, power or remedy preclude the further or other exercises thereof or the exercise of any other right, power or remedy. Without limitation, no waiver by any party of any breach of any provision of these Terms shall be a waiver of any subsequent breach of that or any other Term.
If all or any part of one or more of these Terms is or becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation or found to be illegal or unenforceable in whole or in part under any applicable law, or regulation of any jurisdiction or country, or with respect to a certain category of persons, such provision or part shall to that extent, and only if it cannot be interpreted in a manner to avoid the illegality, invalidity or unenforceability (and only in relation to that jurisdiction or country, or category of persons) be deemed not to form part of the Contract. The legality, validity or enforceability of the remainder of these Terms or the remaining parts of the relevant Term shall not in any way be affected or impaired thereby (in relation to such jurisdiction or country, or category of persons). The legality, validity or enforceability of such provision under the applicable laws of any other jurisdiction or country or category of persons, shall not in any way be affected or impaired.
- STATUTORY RIGHTS
These Terms do not affect (and should not be read to affect) your statutory rights which cannot be waived or limited by contract.