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1-GENERAL TERMS AND CONDITIONS OF USE

1.1 Ownership of this web Site. Agreement to Terms of Use

1.1.1 These Terms and Conditions of Use (the "Terms of Use") apply to the Stickwithmebaby web Site at www.stickwithmebaby.com (hereinafter referred to as the Site). The Site is the property of Herraiz Soto Asociados, S.L., a duly company incorporated pursuant to Spanish law and registered at the Commercial Registry of Barcelona (Spain) on October 13, 1997, Volume 33661, Sheet 144, Page B-164664, with Tax Identification Number B-61.464.228 (hereinafter referred to as HS&CO).

HS&CO´s registered office is located in Barcelona (Spain), Number 71 Calatrava Street (08017) (contact email: thedudes@stickwithmebaby.com).

1.1.2 By using the Site, you agree to comply with these General Terms and Conditions of Use; if you do not agree, please refrain from using the Site. Where applicable, Users should also refer to the General Terms and Conditions established in stipulation 2 hereinbelow.

1.2 Terms

1.2.1 The present General Terms and Conditions of Use together with the General Terms and Conditions stipulated in item 2 below shall hereinafter be jointly referred to as the "Terms and Conditions", all of which shall be applicable to the Stickwithmebaby web Site.

1.2.2 In these Terms and Conditions agreement "we" or "us" means HS&CO, and "you" or the "User(s)" means you, the customer, i.e., any natural person or legal entity that uses the Site, that registers as a Site user, that engages the services offered through the Site and/or that purchases Stickwithmebaby products offered through the Site.

1.2.3 In these Terms and Conditions certain words capitalized initial letters are defined terms. For User ease of reference said defined terms are listed in item 2.17 hereinbelow.

1.3 Personal Data Protection and Privacy Policy

1.3.1 In compliance with the Spanish Personal Data Protection Act 15/1999 and its regulatory Royal Decree 1720/2007, we hereby inform you that the personal data provided by the User upon registration and/or upon formalization of any transactions through the Stickwithmebaby web Site shall be processed in an electronic database created by and under the responsibility of HS&CO for the sole purposes specified in these Terms and Conditions (see stipulation 1.3.5 below).

Should HS&CO consider the requested User information through the Site as necessary information in order to fulfill the services offered through the Site, to provide and/or furnish any of the products purchased through the Site and/or to comply with the operational needs of the Site or HS&CO´s activities in the Site, HS&CO shall identify such information as necessary.

1.3.2 The User hereby represents

  • that all user and personal data that said User provides HS&CO through the Site is accurate, up-to-date, complete and true;
  • that the User is of legal age and has the legal capacity to register and use the Site as well as to engage in the services and/or to purchase the products offered by HS&CO through the Site;
  • that the User is aware of the necessity to provide HS&CO with the required data in order for the latter to fulfill and or comply with the products/services engaged by the User and/or to comply with the Site´s operational needs.

Should the User breach any of the above manifestations, HS&CO reserves the right to terminate or deny the User access or use of the Site or prevent the User from engaging in the services or products offered by HS&CO through the Site.

1.3.3 HS&CO has implemented the necessary technical and organizational security measures in the processing of the User personal data and information so as to safeguard said information, to procure its confidentiality and in as much as reasonably possible to prevent alterations, loses, removal, illegal modifications and unauthorized access or processing of such information.

1.3.4 Notwithstanding the aforementioned, please be aware that the security measures are not infallible, hence HS&CO cannot guarantee the absence of viruses or any other harmful elements, or such consequences that may derive from viruses or the like, the connection to this web Site or the downloading of any content from the web Site that may cause alterations to the systems of the user (hardware or software). Therefore, HS&CO shall not be held liable in case any of the above events occur.
1.3.5 HS&CO hereby informs the User that the information furnished by the latter to the former through the Site and/or caused or a result of the use of the Site or by the User engagement of any of the services / products offered through the Site, shall be used for the following purposes:
(i) to comply and fulfill the operational needs of the Site;
(ii) render the services engaged by the User through the Site and/or to furnish or provide the products purchased by the User through the Site and to provide the User with any related services necessary to comply with prior engaged services and/or products by the User, in particular, in case the User has purchased a product or service through the Site that requires payment and delivery, to transfer for said sole purposes the necessary information to the HS&CO designated third parties that channel said payments and deliveries on behalf of HS&CO.
(iii) to provide the User with the necessary information in relation to the Site and/or the related services/products offered through the Site;
(iv) in case the User has explicitly consented to receive commercial communications in relation to the Stickwithmebaby products and services and/or the Site, to send the User via any electronic means commercial communications in relation to the Stickwithmebaby Site, products and services and other Site related activities.

  • Upon acceptance of the present Terms and Conditions, in general, and upon submittance by the User of his/her personal data and information, said User explicitly consents to the gathering and to the processing by HS&CO of said information in relation to the Stickwithmebaby site activities indicated in item 1.3.6 above and any other related activity necessary for HS&CO in order to comply with the prior engaged or requested services/products by the User.

1.3.7 Pursuant to the Spanish applicable legislation we hereby inform the Users that they may personally exercise the rights of access, rectification, cancellation and opposition regarding the relevant personal data and, likewise, exercise the right to cancel the authorization to receive commercial communications from HS&CO by sending an e-mail to HS&CO to the following e-mail address thedudes@stickwithmebaby.com or by sending a letter to the following address : Herraiz Soto & Asociados SL, Calle Calatrava 71, 08017 Barcelona, Spain.

1.4 Cookies

1.4.1 Please be aware that our Site uses cookies, i.e., fragments of information relating to your PC/IP address and web navigation that are recorded in your hard drive and provided by your browser. Therefore, from time to time, we may collect information regarding your use of our web Site in relation to the User Stickwithmebaby preferences. If ever, we shall use and analyze the collected information exclusively for the purpose of tracking the interests of our Users solely to improve and better develop the Stickwithmebaby business activities so that we can subsequently provide the Users with better and enhanced services.

1.4.2 The online user has the possibility to set up or configure its browser in order to be warned of the reception or, if ever, to erase, reject or block the reception of cookies from its hard drive. Accordingly, the User must refer to the relevant indications provided by the specific browser.

1.4.3 IP addresses are not linked to personally identifiable information. We only use IP addresses to analyze trends, administer our website, track general User movements and, if ever, gather broad demographic information for statistical purposes only.

1.5 Links from www.stickwithmebaby.com to other Web Sites

1.5.1 The Stickwithmebaby Site may contain hyperlinks to other websites and resources provided by third parties. These hyperlinks and resources are provided solely as a convenient tool to Users. The inclusion of any link or resources to other third party sites does not imply any endorsement whatsoever to the content or accuracy of any third parties' web sites nor does it constitute evidence whatsoever of a contractual, commercial or business relationship between HS&CO and said third party microsites.

1.5.2 Because HS&CO has no control over such external resources and sites, the User acknowledges and agrees that HS&CO shall not be responsible nor shall be held liable for the availability of such external resources and sites, and that HS&CO does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such external resources and sites.
Accordingly, HS&CO may terminate the availability of such external resources and sites through links on its Site at any time. HS&CO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, products, goods or services available on or through these channels.

1.6 User Responsibility and Liability

1.6.1 Users commit themselves to give and make proper use of the contents, information and data contained in the Site in compliance with the present general Terms and Conditions and pursuant to the applicable legislation and, likewise, undertake to act according to the generally accepted good practices of commerce, the moral, the good faith, public order and to what is known the as "netiquette".

1.6.2 Users undertake to act with due diligence and to abstain from using the web Site in any way that may prevent, damage or impair its normal performance or that as a result may damage the assets and rights of HS&CO, its users and/or third parties.

1.6.3 Users likewise undertake not to misuse the Stickwithmebaby web Site by introducing viruses, trojans or any other electronic material which is malicious or that may technologically harm HS&CO´s information system or that of its Users or third parties. Users must not attempt to gain or obtain unauthorized access to the Stickwithmebaby web Site, the server on which the same is stored or any server, computer or database connected to the Stickwithmebaby web Site or in general to HS&CO´s information system.

1.7 Rectifications or Amendments to these Terms and Conditions

HS&CO shall update the Stickwithmebaby web Site from time to time or as required legally. Therefore, we may amend or revise the necessary contents of the present Terms and Conditions at any time, at our sole discretion. Accordingly the present Terms and Conditions may be duly amended and rectified without prior notice to Users in order to comply with the latest regulations, jurisprudential decisions and sound commercial practices, being it your responsibility to check this page from time to time in order to take notice of the last date of update and relevant amendments made as they may be of a binding nature to the User.

1.8 Access to the Stickwithmebaby web Site

1.8.1 HS&CO reserves the right to withdraw or suspend access or to amend the Site and its contents without notice. We shall not be liable to you if for any reason the Stickwithmebaby web Site is unavailable for any period of time. If need be, we may restrict access to some or all parts of the Stickwithmebaby web Site.

1.8.2 You should treat any user identification code, password or any other piece of information required, either chosen by you or allocated by us as part of our security or registration procedures, as confidential, and you must not disclose it to any third party. Nevertheless, we have the right to disable any user identification code or password at any time if the User has failed to comply with any of the provisions of these Terms and Conditions or if HS&CO considers that the consequences derived from a misuse of the Site by any User can jeopardize the Site´s security of the information system of HS&CO, its users and third parties.

1.9 Liability Limitations

1.9.1 We shall not be liable for any loss or damage caused by a virus or any other technologically harmful material that may infect your computer, equipment, computer programs, data or other proprietary material arising from the use of the Stickwithmebaby web Site or any web third party site linked from there.

1.9.2 Under no circumstance whatsoever shall HS&CO be liable for any losses arising out of or in connection with the use of information available on the Site, whether direct or indirect, including without limitation, any liability relating to any loss of use, interruption of business, lost data, or incidental, special or consequential damages of any kind regardless of the form of action.

1.10 Disclaimer

1.10.1 HS&CO shall endeavor to ensure that the information on the Site is accurate and complete. Nevertheless, HS&CO does not warrant, represent nor ensure that the contents of the Stickwithmebaby web Site are accurate, error-free or reliable or that your use of the Stickwithmebaby web Site or its contents or materials will not infringe rights of third parties.

1.10.2 HS&CO does not warrant nor ensure that the functional aspects of the Site or any of its contents or materials shall be error free or that the web Site, its contents or materials or the server that makes it available are free of viruses or other harmful components. If your use of this web Site or its contents or materials results in the need for servicing or replacing property, material, equipment or data, HS&CO shall not be liable nor held responsible for said events nor for any possible or derived related costs or expenses.

1.11 Intellectual Property Rights

The User is hereby made aware that everything the User may see, read or feel in any way on this Site is the creative result of HS&CO, save as otherwise provided hereto such as User Contents. Meaning, and with the previous exception, all images, photographs, illustrations, visual interfaces, artwork, icons, texts, video clips, "look and feel" sensorial materials, names, designs, logos, sounds, music, database, layout, presentation, flow diagram, browsing architecture, logic diagrams and source codes, among others are creations of HS&CO.

The User may download, print or save a copy of the contents or elements on the Stickwithmebaby Site for the User´s own private and non-commercial use only, provided said User always indicates the source and/or author of such contents.

In general, Users are hereby prohibited to use, sell, reproduce, distribute, modify, trade, decompile, operate, display, publicly perform and/or prepare derivative works based on any of the contents or elements in the Stickwithmebaby Site for any public or commercial purpose.

In particular, users are hereby prohibited to modify printed or digital copies of any Stickwithmebaby Site contents or elements that said User may have printed or downloaded in any way.

Furthermore, access to the Stickwithmebaby Site shall not imply in any case the granting of any authorization, waiver, transfer, license or assignment of any rights whatsoever, whether total or partial, by proprietors or authorized parties.

The User acknowledges that any unauthorized use or misuse of the contents or elements contained in the Stickwithmebaby Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations, among others.

Any similarity of the contents or elements contained in the Stickwithmebaby Site with respect to protected intellectual and industrial proprietary rights of third parties shall be considered as mere coincidence and HS&CO shall welcome any comment in this regard by any third party that considers that its protected intellectual and industrial proprietary rights have been infringed.

2.-GENERAL TERMS AND CONDITIONS

2.1 Acceptance of the General Terms and Conditions

2.1.1 Please read the present General Terms and Conditions carefully before purchasing a product or engaging a service through the Site. These General Terms and Conditions, which will be accessible at all times from the present web Site, must be understood and accepted by you before purchasing a Stickwithmebaby product and/or engaging any service through the Site. HS&CO recommends that you print or save a copy of these General Terms and Conditions for future User reference.

2.1.2 We shall maintain an electronic copy of the main contract details referring to the specific transaction accepted and engaged by the User through the Site, which can be made available to the User upon written request.

2.1.3 The present General Terms and Conditions constitute an indivisible part of the General Terms and Conditions of Use. As previously mentioned, the present General Terms and Conditions and the General Terms and Conditions of Use shall jointly be referred to as the "Terms and Conditions".

2.1.4 HS&CO reserves the right to modify and/or rectify the present General Terms and Conditions from time to time.

2.1.5 By access or use of the Stickwithmebaby Site, by engagement of any services through the Site and/or upon purchase of any Stickwithmebaby products through the Site, the Users acknowledge without limitation their acceptance of the present Terms and Conditions.

2.1.6 Any services engaged through the Site and/or and any Stickwithmebaby products purchased through the Site shall be entered into by and between the User and HS&CO and shall be formalized between the parties in the English language, language which shall also be used in all communications between the parties.

2.2 Parties

2.2.1 The present Terms and Conditions are entered into by and between, HS&CO, a duly incorporated company pursuant to Spanish Law, with registered address at Number 71 Calatrava Street, Barcelona (08017), Spain and with Tax Identification Number B-61.464.228.

AND the User that engages the services through the Site and/or that purchases the Stickwithmebaby product(s) through the Site and in accordance to the specific personal data and information provided by the User for said specific transactions.

Accordingly and in relation to the information and data freely provided by the User pursuant to the present Terms and Conditions, said User acknowledges and represents the following:

(i) that the User accepts the obligation to provide exact, accurate, legitimate and complete personal data;

(ii) that the User accepts and understands that the latter is responsible for the authenticity, accuracy and validity of the provided personal data and information, as HS&CO does not have the obligation to verify and does not verify the identity of the User;

(ii) that the User is of legal age and with the necessary legal and full capacity to act and to enter into the services engaged, the products purchased and/or the contractual relationship formalized through the Site with HS&CO;

(iii) that the User understands and acknowledges that the personal data and other information that the latter provides HS&CO is necessary in order to engage the services and/or to purchase Stickwithmebaby products through the Site and for HS&CO to comply and fulfill with the aforementioned;

In the event that the User provides any false, inaccurate or incomplete personal data, or if Stickwithmebaby has reasonable grounds to doubt of the veracity, accuracy or integrity of such personal information, HS&CO shall be authorized to deny or terminate User access to the Site and to likewise deny any of its products and/or services to such User.

2.3 Registration

2.3.1 The first time the User proceeds to purchase a Stickwithmebaby product(s) through the web Site or engages certain services through the Site, said User shall be requested to register and create an online account and accordingly to provide the requested information necessary to process and complete the purchase and/or the services engaged by the User through the Site.

Upon satisfactory completion of registration process, the User shall then be enabled to login into the Site by means of the user ID name and password generated by said User and assigned to the User provided that the ID name and password are available.

The User undertakes to diligently use the assigned access ID name and password intended for said User´s sole use. The User shall not reveal said details to third parties, hence the User shall be solely responsible for the confidentiality of said access information and of the damages caused by the misuse, loss or unauthorized access If the User becomes aware or suspects an unauthorized person has obtained the access codes, said User should immediately notify HS&CO so the situation may be rectified. Irrespective of the above, should an accidental or other misuse of confidential access codes occur or is believed to occur, HS&CO reserves the right to treat each such occurrence(s) as a breach of these Terms and Conditions and, if ever, to withdraw access to the Site, products and services.

2.3.2 You acknowledge that by electronically filling in and sending any of our application forms or documents available on the Stickwithmebaby web Site, you do so voluntarily and freely. Consequently, pursuant to the present Terms and Conditions you give us express authorization to gather and process your personal data for the purposes stipulated in our Terms and Conditions. We shall protect your personal data according to the Personal Data Protectionpolicy above.

2.4 User Engagement ofServices and/or Purchase of Products through the Site

2.4.1 The User engagement of some services through the Site and/or the purchase of the Stickwithmebaby products through the Site generally involve a prior consideration made by the User in favor of HS&CO.

2.4.2 To validly engage the services through the Site and/or purchase the Stickwithmebaby products, the User must be of legal age and lawfully capable and entitled to enter into and form a valid contract pursuant to Spanish law and must necessarily register on the Stickwithmebaby Site in accordance with the Terms and Conditions hereto.

Hotwithstanding the fact that the mere User navigation through the Site is free and does not require prior registration, the engagement of most of the Site services and the purchase of Stickwithmebaby products through the Site require a prior registration and/or valid login to the Site by the User.

2.4.3 The User agrees and understands that by engaging the services offered through the Site and/or by purchasing Sitckwithmebaby products through the Site and pursuant to the Privacy Policy above (stipulation 1.3 above), that HS&CO we may collect, store and process data gathered from such transactions. Accordingly, HS&CO shall file and protect the relevant User information in accordance with this clause and with our aforementioned Privacy Policy.

2.5 Products and Services

The products and services currently offered by HS&CO through the Site are as follows:

  • Newsletter

    The User may subscribe to the newsletter (or as otherwise named by HS&CO in the Site) whereby HS&CO may send the User from time to time the so called newsletter with the contents and information that HS&CO may decide may be of interest to the subscribed Users.

    However, HS&CO is under no obligation to distribute and/or communicate said newsletter periodically nor sporadically to the Users and will only do so should HS&CO consider convenient and/or should HS&CO consider news, updates and/or information to be of interest to the subscribed Users.

  • Gallery

    Users may participate in the Site by sharing and uploading contents into the "Gallery" (hereinafter referred to as the User Content). Said User Content shall be previously screened by HS&CO who shall in turn post the contents at its sole discretion.

    Irrespective of the above, the User acknowledges and represents that the latter is the proprietor and/or has obtained the necessary third party authorization, permit, license, etc. to use and post said User Content in the Site and for the purposes hereto.

    Moreover, the User hereby acknowledges and represents as well that upon uploading User Contents said User is authorizing and granting an irrevocable worldwide license and for the maximum time period authorized by law all in favour of HS&CO so that the latter can use, copy, communicate, distribute, transform and format said User Content into the Site in accordance with the purposes established hereto.

    The User is solely responsible of the User Content and HS&CO shall not be held liable for any misuse or unauthorized use of the User Content by third parties and/or other Users.

  • Stickwithmebaby Product

    Booklets and/or other printed formats advertised and/or offered by HS&CO through the Site containing printed graphic images - usually in a printed sticker format - designed and/or created by HS&CO.

2.6Contractual Process

2.6.1 As indicated in item 2.3 above, Users must previously register and/or validly login as Site Users in order to be able to engage or purchase any of the Stickwithmebaby services and/or products. As previously indicated, mere navigation through the Site and access to some information through the Site does not require prior registration by the User.

2.6.2 Once Users have selected a product and/or a service offered through the Site, if ever, relevant information on availability shall be provided to the User.

2.6.3 All Stickwithmebaby prices shown or offered though the Site shall be inclusive of the applicable VAT and exclusive of any applicable delivery costs, being the delivery method to be finally determined by the User before completing the purchase process. Accordingly, all shipment and/or delivery costs shall be charged to the User in addition to the Stickwithmebaby purchase product price. Please remember that delivery charges do not include any applicable duties and/or taxes which might be paid upon delivery to some countries.

2.6.4 Once the User has selected all desired Stickwithmebaby products and added them into the User´s shopping cart, the User may then finalize the shopping process by clicking on the check-out icon (or as otherwise named by HS&CO). Subsequently, the User shall then be given a summary on the selected products and shall accordingly be asked to double check the User selection and whether the User wishes to proceed further and complete the purchase process or shall be give the option to continue shopping.

Should the User wish to complete the purchase process, said User shall then be asked to sign up, register and/or validly login. Upon completion of prior registration and/or login, the User shall then be asked to select the desired delivery/shipment method and to follow the corresponding payment instructions.

  • Once the User has confirmed the relevant purchase order (the Order), HS&CO shall then issue the User a Stickwithmebaby Web Order Number, which shall appear in the Order Confirmation Message that shall be sent to the User within a maximum period of twenty-four (24) hours upon receipt by HS&CO of the specific order transaction accepted by the User.
  • The User may check or monitor the status of each Order placed and accepted by the User through the specific icons provided in the Site once said User has registered and/or validly logged into the Site.

2.7 Acceptance of your Order

2.7.1 Once the User has completed the shopping process and the User has formalized the relevant purchase order, the User shall then be directed to the PayPal web Site in order to enter the corresponding User payment details and to complete the purchase process.

2.7.2 The purchase order placed and accepted by the User will be acknowledged by HS&CO by the Order Confirmation Message indicated in item 2.6.6 above.

2.8 Price, Delivery charges and Time

2.8.1 All Stickwithmebaby product prices listed in the Site shall be inclusive of the applicable VAT and exclusive of shipment and/or delivery costs. Once the User chooses the desired delivery and shipment method and before completing the purchase process, the applicable cost shall be added on top of the relevant product price. Please remember that delivery charges do not include import duties and taxes, which the User might have to pay upon delivery and prior to clearance of the goods in some countries.

2.8.2 Your Order shall be delivered within a maximum period of thirty (30) days counting from the date of the e-mail Order Confirmation sent by the User, save if the exceptions hereto should concur. Should HS&CO not be able to provide the User with the desired purchased product due to product unavailability, the User shall be duly informed within the above thirty (30) day period and shall be refunded the paid purchase price within the term period indicated in stipulation 2.10 below.

2.8.3 Whilst all prices and offers remain valid as long as they are advertised or offered through the Stickwithmebaby web Site, in the event of a pricing error shown on the Site with respect to a Stickwithmebaby Product caused, i.e. by a typographical error or technological glitch, Stickwithmebaby reserves the right to rectify said error and to apply the correct price. However, before applying the correct pricing to finalized purchase products, the User shall be previously informed of said rectification and shall be offered the opportunity of a full refund on the paid product purchase price. Repayment of such monies will be the full extent of our liability to you if we are unable to deliver to the User the specific Products ordered.

2.8.4 We are under no obligation to provide the Stickwithmebaby product to you at the incorrect price, even after we have sent you an e-mail Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a "mis-pricing" or error.

2.8.5 Title to and risk of loss of the purchased Stickwithmebaby product(s) shall be transferred to the User upon release of the goods by HS&CO for delivery to the relevant designated third party.

2.8.6 Upon User´s request, we shall send said User the corresponding invoice of the specific purchase transaction.

2.9 Payment

To ensure that your shopping experience is safe, simple and secure, the payment process is channeled through the PayPal platform. Therefore, payment for all Stickwithmebaby products must be carried out following the procedure indicated on the Spanish PayPalweb Site, www.paypal.es. We are under no obligation to deliver the Stickwithmebaby products until we have received full payment from the User corresponding to the specific purchase order.

2.10 Cancellation and Return Policy

2.10.1 User satisfaction is our number one priority. Users are entitled to cancel specific orders placed and received from HS&CO, provided said User complies with the following requirements hereinbelow.

2.10.2 The User shall be entitled to cancel the orders placed by said User and received from HS&CO by notifying said cancellation to HS&CO to the following e-mail address thedudes@stickwithmebaby.com or by sending a letter addressed to Herraiz Soto & Asociados SL, Calle Calatrava 71, 08017 Barcelona, Spain within a term period of seven (7) working days counting from the day the relevant order is delivered to the address specified in the corresponding Order Confirmation. Upon receipt of said cancellation communication, the User shall receive by e-mail and/or by post a cancellation document with the specific requirements required for the refund, such as the return address, the person to whom the return must be addressed, the identification details of the specific transaction and the parties involved.

If the User has given proper prior cancellation notice or if the User has proceeded to return the purchased product to HS&CO, said User shall be entitled to a refund provided the purchased product is returned intact without having been used and without having unsealed original packaging. Accordingly, upon notice of cancellation the User must immediately return the product in perfect conditions to HS&CO at the User´s own expense following the indications indicated in the cancellation document referred to in item 2.10.2 above.

In case the User cannot return the purchased product due to loss, damage or any other cause attributable to the User, albeit the latter may still proceed to cancel the purchase, said User will be liable before HS&CO for the value of the purchased product, hence and unless HS&CO receives the returned product(s) intact, HS&CO is under no obligation to refund the purchase price amounts received from the User.

2.10.4 Within a thirty (30) day period counting from the receipt of the User cancellation notice and provided that the User returns the product intact to HS&CO, HS&CO shall process the refund due as soon as possible and, in any case, within 30 days after having received the notice of cancellation from the User.

2.11 Availability of Products

2.11.1 Although we endeavor to ensure the availability of our Products at all times, should a specific product be unavailable, the User shall be duly informed either before completing the corresponding purchase process or pursuant to item 2.8 above, in which cases the HS&CO can offer the User an equivalent Product(s) in terms of quality and price, which of course the User may freely decide to accept or reject.

2.11.2 Should the User reject our offer of an alternative product or should we be unable to fulfill the Order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s) as soon as possible and, in any case, within the relevant term period established hereto.

2.12 Correct Use

The User undertakes to the correct and proper use of the web Site according to these Terms and Conditions, the law and regulatory provisions, the moral, the generally accepted good and sound practices, the public order and to what is know as the netiquette.

The User agrees to refrain from using the web Site in an illegal or prohibited manner or contrary to the provisions established in these Terms and Conditions, to the rights, assets and/or interests of HS&CO, other Users and/or third parties, or in any other way that may damage, overload or deteriorate the contents and functionality of the Site or that may impede the normal use of the web Site by the users.

2.13 Liability

Under no circumstance whatsoever shall HS&CO be liable for any damages or losses directly or indirectly arising out of or caused by the improper use or misuse by the User of the engaged services and/or the Stickwithmebaby product(s) purchased through the Site.

2.14 Severability

If any of the clauses of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall to that extent be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

2.15 Force Majeure Events

HS&CO shall not be liable or responsible for any failure to perform, execute (fully or partially) or delay in performance of any of the obligations undertaken hereto caused by events beyond its reasonable and foreseeable control.

2.16 Applicable Law

The services rendered by HS&CO through the Site and/or the transactions related to the Stickwithmebaby products offered by HS&CO through the Site shall be governed and construed in accordance with the present Terms and Conditions. Conversely, in relation to aspects that are not explicitly regulated hereby and that may relate to the further interpretation, enforceability and execution of the present Terms and Conditions shall be governed in accordance to the applicable Spanish regulations.

2.17 Definitions

  • "Commercial Communication" means any form of communication designed to promote, directly or indirectly, the goods, services or image of a company, organization or person pursuing a commercial, industrial or craft activity.
  • "Contract" means these Terms and Conditions together with our e-mail Order Confirmation;
  • "E-mail Order Confirmation" means the Order Confirmation issued by us to you indicating acceptance of your Order;
  • "Invoice"means the invoice issued by us to you for the price of the Stickwithmebaby products;
  • "Order" means an order placed by you in accordance with these Terms and Conditions;
  • "Order Confirmation Message" means the Order Confirmation which allows you to make a final review of your Order, including your payment reference giving details as registered by our system;
  • "Stickwithmebaby product(s)" means any product listed, offered and/or advertised on the Stickwithmebaby Site which we agree to supply to you in these Terms and Conditions and may be purchased by you;
  • "Stickwithmebaby Web Order Number" refers to the reference number issued by us that will appear in your Order Confirmation;
  • "Site" means the Stickwithmebaby web Site (www.stickwithmebaby.com);
  • "User(s)" or "you" means any natural person or legal entity that uses the Site, that registers as a Site user, that engages the services offered through the Site and/or that purchases Stickwithmebaby products offered through the Site.
  • "Working Day" means any day other than a Saturday, a Sunday or a public holiday in Barcelona, Spain.