Customer Terms and Conditions
1.Babonbo provides the platform
Babonbo provides an online marketplace that enables third parties ("Service Providers" or “Providers”) to offer rental of baby and family equipment (“Equipment”) and related services such as delivery and pickup of the Equipment ("Services") and to transact with users who are seeking to book such Services ("Users").
The website includes content provided by Babonbo that is proprietary to us or that is licensed or authorized for use by us (the "Babonbo content") as well as content provided by Service Providers, including text, photos, videos, and other materials (the "Service Provider Content").
The Users do not have to register to the website to rent Equipment and book Services provided by the Service Providers.
As the provider of the website, we do not provide, control, manage, offer, deliver, or supply any Services. Service Providers alone are responsible for the listing and provision of their Services.
When the Users book Services from a Provider, the Users and the Service Provider are entering into a contract directly with each other. We are not a party in any contractual relationship between the Users and any Service Provider.
2. Babonbo does not provide the Equipment and the Services
Babonbo does not have any control over and does not guarantee:
3. Terms and Conditions for the Services
As the provider of the website, we coordinate with the Service Providers to set specific terms and conditions that apply to the Services. We do this to assure that the same terms and conditions apply to the Users regardless of the Service Providers from whom the Users book the Equipment and the Services.
3.1 Booking the Equipment and the Services
The Users can book Equipment and request Services via the website by selecting their destination and the dates of their stay. All the Equipment available at the chosen location and the given rental period will be listed. There can be more than one Service Provider providing the Equipment and the Services at their destination on the given rental period. The name of the Service Provider is shown with the product. The Users can add the desired Equipment to their cart, and on the cart page, the Users can request services.
Service Providers decide daily rental rates for the products and the cost of the services on their own. Some of the Service Providers can ask for a deposit to protect their Equipment from possible damages and loses.
Babonbo requires a Service Fee which is 15% of the total rental value of the Equipment. Babonbo does not apply service fee to the Services, different from the rental of the Equipment, which are provided by the Service Providers.
When the Users complete booking and checkout, their credit card is charged the total amount which is the sum of total rental value of the products, Services requested from Service Provider, Babonbo service fee and the Deposit if exists. The Users make the payment to Babonbo. The only reason for this is to assure that the Users get the Equipment and Services booked before the Service Providers are paid. Deposit is reimbursed after the booking period ends if there is not any damages on the Equipment or loss.
Service Providers will not accept cash or personal checks for the Equipment rental.
All the prices shown on the website include VAT of the country the Users request the service.
3.3 Service requests that could not be performed
If the Service Provider the Users selected is unable to provide the Equipment and the requested Services, the Users will be notified and provided with a full refund.
3.4 Delivery and Pick Up of Equipment
Service Providers are required to contact the Users within 48 hours after the confirmation of the order to establish delivery and pick up location and times (via email or telephone). The Users are responsible for providing complete and correct information regarding the delivery and pick up addresses and contact. The Users will also receive Service Provider's e-mail address and telephone number in the order confirmation e-mail. The Users can contact Service Provider if the Users have not been contacted within 48 hours.
3.5 Additional Equipment and Services Requests for an existing booking
If the Users want to add more Equipment to their existing booking before the booking period, the Users can rent them on the website from the same Service Provider which the Users initially rented the Equipment, subject to availability, in order to avoid additional delivery and pick up service costs. The Users are always free to book equipment from different Service Providers for the same booking period. This might cause the Users to have a higher delivery and pickup service cost.
If the Users would like to receive additional Services, the Users may request those Services by sending an e-mail to email@example.com or by contacting the Service Provider directly. All required services will be provided at the rates fixed on the website or in the case of special requests, at the prices agreed upon with the Service Provider. These additional services regarding only delivery and pick up, the Users are free to pay directly to the Service Provider or we can charge their credit card if the Users send us their request to info.babonbo.com.
3.6 Replacement of Equipment
The Users are obliged to verify the integrity and functionality of the Equipment once they receive it, raising any objection and complaints directly towards the Service Provider concomitantly at the time of delivery or if the Users detect a problem with any Equipment after delivery, they must notify the Service Provider within 24 hours of receiving the Equipment. The Service Provider will use best efforts to replace the item as soon as possible (subject to availability of Equipment). If the Service Provider cannot replace the Equipment for any reason, the Users can ask for a full refund except Babonbo service fee. In case the Users paid a deposit, they will be fully refunded if the Service Provider does not claim any damage on the Equipment. Equipment photos may or may not represent the actual Equipment for rent. If the Users require the specific item related to their booking, the Users must communicate that to the Service Provider before the booking period.
3.7 Additional Delivery Fees
If the Service Provider has to return to the location that is agreed for delivery or pickup for any reason that is not due to an error on the part of the Service Provider, the Users may be charged an additional delivery fee.
In case the Users change the delivery or pick up location for any reason, the Users might be charged an additional delivery fee if the new location is farther than the original one.
The Users can pay additional delivery fees directly to the Service Provider or we can charge their credit card if the Users send us their request to firstname.lastname@example.org.
3.8 Cancellation of services
The Users can cancel booking by writing a request of cancellation to email@example.com their order number, personal details used for the booking and explicit request of cancellation.
In case of a cancellation up to 48 hours before the delivery date, the Users receive a refund of total payment except the Babonbo service fee. To this respect, the Users expressly acknowledge that with the booking of the Equipment and Services pursuant to this article 3, the service provided by Babonbo shall be considered as fully completed. Therefore, only with respect to the service fee of Babonbo, the Users shall not benefit from any right of withdrawal.
If the Users request for cancellation within 48 hours before the delivery or if they are not present at the delivery time, the Users are charged the full amount except the deposit. The deposit is fully reimbursed.
The orders cannot be partially cancelled. If the Users want to cancel a part of the order, they should first make a request for a cancellation of that order up to 48 hours before the delivery date. The Users will receive a total refund except Babonbo service fee for that order. Then the Users can make another order with only desired items on Babonbo website.
3.9 Extension of Rental Period
If the Users would like to extend the rental period, they may do so via Babonbo website by making another order from the same Service Provider, subject to availability. Deposit will be charged and fully refunded after the delivery period.
3.10 Condition of Equipment on Return
The Users are responsible for any loss, theft, or damage to the Equipment for any cause during the rental period. Equipment must be returned in the condition it was received. If any Equipment is not reasonably clean on return, the Users may be charged a per-item cleaning fee to their credit card or the amount will be deducted from the deposit amount if the Users paid a deposit during the booking. If any Equipment is damaged (i.e., repair is reasonably feasible), the Users will be charged a corresponding amount for repair or this amount will be deducted from the deposit if the Users paid a deposit during the booking. If any Equipment is lost, stolen, or otherwise not returned, or the Equipment is destroyed (i.e., repair is not reasonably feasible), the full amount of the deposit will be retained without prejudice for the Service Provider to claim for the compensation of the possible suffered further damages.
In the moment of the pick up of the Equipment, Provider checks the Equipment with the Users. If the Users are required to pay any fees for cleaning or damage, Provider makes them read and sign a form which proves to Babonbo you both agree on the conditions of the Equipment at the moment of return.
Babonbo will send to the Users a confirmation e-mail about the amount it has to charge for the cleaning or the damage.
3.11 Compliance with Equipment Manufacturer Documentation – Limitation of Liability.
The Users agree to comply with all (a) manufacturer user manuals or other written instructions for use provided by the Service Providers or available to them and (b) all laws, rules, and regulations applicable to their use of any Equipment.
Providers can only show the Users how to install the car seats with manufacturer user manuals, however, it is entirely their responsibility to do it correctly for their child’s safety.
Considering the content of clause 2 above, Babonbo shall have no liability for any reason whatsoever for any loss or damages suffered by the Users in relation or as a result of the use of the Equipment provided by the Service Provider. Any claim in relation to any Service or Equipment provided by the Service Provider to the Users shall be placed by the Users directly and exclusively to the Service Provider.
Without prejudice to the above, and to the extended permitted by the applicable law, Babonbo shall only be liable for direct damages actually suffered, paid or incurred by the Users due to a breach of Babonbo’s obligations under these Terms and Conditions attributable to it and up to an aggregate amount of the Service Fee applicable to the related transaction. Babonbo’s is not liable for indirect losses or loss of profit.
In relation to Users who are consumers, this clause applies as far as possible under mandatory consumer protection legislation.
5. Governing Law and Jurisdiction
Disputes concerning the interpretation or application of these Terms and Conditions or the agreement between Babonbo and the Users shall be interpreted in accordance with the Italian law. Italian law shall not however apply in a situation where the Users who are consumers have better rights according to mandatory applicable consumer protection law in the country where the Users reside.
If these Terms and Conditions form the basis of a consumer transaction within the meaning of any mandatory law applicable to the Users, these will apply under consideration of the provisions of the relevant mandatory consumers’ law. As far as provisions of these general Terms and Conditions contradict the mandatory provisions of such mandatory consumers’ law, the relevant provisions of consumer protection law shall apply – the remaining provisions of these general Terms and Conditions will not be affected.
6. Babonbo’s Details
This website is owned and operated by Babonbo. The company is registered in the United Kingdom under registration number 11481475, and the registered office is located at 64 Southwark Bridge, Road, London, United Kingdom, SE1 0AS. Please contact firstname.lastname@example.org, if you have any questions regarding our Terms and Conditions.
The invalidity or unenforceability of any provision of these Terms and Conditions will not adversely affect the validity or enforceability of the remaining provisions.
All notices and other communications required or permitted to be served or given shall be in writing.
The failure of Babonbo to enforce the terms of these Terms and Conditions does not constitute a waiver of it and will in no way affect the right to later enforce such terms.
8. Online dispute resolution for consumers
We inform Users who are consumers resident in the European Union of the fact that the European Commission has set up a platform that provides an alternative dispute resolution platform. Such platform can be used by the Users to resolve any dispute relating to and/or deriving from contracts entered into online on this website. The platform is available at the following address: https://ec.europa.eu/consumers/ odr/