Terms and Conditions
TERMS AND CONDITIONS OF SALE OF PRODUCTS AND USE OF WEBSITE
NVE Group (“the Seller”) owns and operates the website Simply Perfect Baby (the “Website”). This document governs the relationship between you, the user (“You”) and the Seller, as well as your use of the Website. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). Whenever these Terms of Service refer to or use the term “We” or “we” it is understood that such term means the Seller and the Website.
By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. The Seller shall not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts, or all, of this Website.
By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate. Neither the Seller nor the Website will transmit or share your personal or credit card information with third parties.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and the Seller will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of the Seller, its licensors or vendors, and are protected by copyright laws and treaties around the world. All such rights are reserved by the Seller and its vendors or licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any way shape, format or form, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
In order to contract with the Seller you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. The Seller retains the right to refuse any request made by you. If your order is accepted we will inform you by email. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
(a) Our Contract. When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the ordered goods have been dispatched to you (the “Contract”). Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the Contract formed.
(b) Pricing and Availability. While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
(c) Payment. Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
Return and Exchange Policy
Purchased items may only be returned seven (7) days from the order confirmation date. Purchased items may be returned, or exchanged for other items available provided that they are in their original condition, unwashed, and with the label intact and on the item – if any. Returns or exchanges of purchased items that do not meet the foregoing requirements subject to the sole discretion of the Seller. All sales of Gift Cards and items marked as SALE are final. Items cannot be returned or exchange.
Returns that do not meet our policy may also be subject to a 20% restocking fee. Items received after 15 days will not be accepted. An email notification will be sent to you once your package has been received and processed by Voila Bebe Shop along with your credit information. Returns will be processed within 1-5 business days from the date of package arrival. Returns are also accepted for store credit or exchange if available.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law, the Seller and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise.
Disclaimer as to ownership of trademarks and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with the Seller, and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to the Seller.
You agree to indemnify, defend and hold harmless the Seller, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
The Seller shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and the Seller. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of the Seller.
Any dispute relating to, or arising in connection with the use of the Website or to the Contract shall be resolved by arbitration in accordance with the expedited rules of the American Arbitration Association (AAA) in effect at the time the Contract is entered into. Any and all agreements or relationships between you and the Seller, arising out of the use of the Website, and the Contract shall be governed by Texas law without regard to conflict of law provisions.