Terms of service
PART A: INTRODUCTION
These terms govern the use of ohbabyeg.com (Website)[cite: 1]. By accessing, using, browsing, registering with, contributing to or purchasing from any area of the Website, you agree that your access to, use of, and purchase of any goods from the Website is subject to these terms and all applicable laws, and is at your own risk[cite: 1]. If you do not agree to these terms in their entirety, you must not use this Website[cite: 1]. Please read these Terms and Conditions carefully before placing your Order as these Terms and Conditions contain important information about the ordering, processing, fulfilment and delivery of goods, including limitations of liability[cite: 1].
Importantly, this means that if you are buying products from us:
- You agree to the terms on this page (see clause 2)[cite: 1];
- Once you place an order, you cannot cancel the order, but can take advantage of our Exchange Policy (see clauses 3, 4 & 9)[cite: 1];
- We can cancel or reject orders, but will refund anything you paid us for the order (see clauses 4 & 5)[cite: 1];
- You own the products once we hand them to the delivery agent[cite: 1];
- Any content (eg competition entries) you submit on the website (other than personal information) will be owned by us (see clause 10)[cite: 1];
- If we suffer loss due to your breach of these terms, you agree to cover us for the loss if we ask (see clause 19)[cite: 1];
- We may amend or update these terms at any time by posting changes at this Website, without giving notice to you[cite: 1]. By continuing to use this Website, you agree to those changes or updates to these terms (see clause 27)[cite: 1].
These Terms and Conditions set out the entire agreement between you and ohbaby regarding this website and any use of it and, to the fullest extent permitted by law, supersedes all prior terms, conditions, warranties and/or representations[cite: 1].
1. DEFINITIONS
The following definitions are used in these Terms and Conditions[cite: 1]:
- Business Day: Means a week day in which trading banks are open for the transaction of banking business in Cairo, Egypt[cite: 1].
- Delivery Address: Means the address to which the Goods are to be delivered as stated on the electronic Order form on the Website[cite: 1].
- Delivery Agent: Means any nominated third party delivery or shipping company for ohbaby [cite: 1].
- Delivery Fee: Means the fees charged by oh baby for the delivery of Goods[cite: 1].
- Goods: Means the items offered for sale which are described or displayed on the Website[cite: 1].
- Law: Means any written rule or collection of rules, including, but not limited to any statute, regulation, order or rule, any government ordinance or by-law, any governmental agency's rule, regulation or determination, and any form of custom or policy recognised and enforced by judicial decision[cite: 1].
- Order: Means a request by you to purchase Goods from oh baby [cite: 1].
- Price: Means the purchase price of each Good as specified on the Website in Egyptian Pound[cite: 1]. For the avoidance of doubt, the Price is charged in Egyptian Pound and is subject to conversion to your local currency by your financial institution and any other Taxes levied by any applicable government authority[cite: 1].
- Exchange Policy: Means the oh baby Exchanges Policy found on this page[cite: 1].
- Tax: Means any goods and services tax, value added tax, or other taxes, import fees, duties, tariffs, or other imposts or charges which may be payable in relation to your order[cite: 1].
- Terms and Conditions: Means these terms and conditions governing the Website and any activities and transactions occurring via the Website, including Part B: Terms and Conditions for the Sale of Goods on the oh baby website, Part C: Terms and Conditions for Submissions and Part D: the general terms of use, as amended from time to time[cite: 1].
- Website: Means www.ohbabyeg.com[cite: 1].
- You or your: Means you as the user of the Website, including as a purchaser of Goods from oh baby [cite: 1].
PART B: SPECIFIC TERMS AND CONDITIONS FOR THE SALE OF GOODS ON THE OHBABY WEBSITE
2. COMPLIANCE WITH TERMS AND CONDITIONS
- 2.1 You agree to be bound by the Terms and Conditions when you submit an Order[cite: 1].
- 2.2 Each Order you submit will be a separate and binding agreement between you and oh baby with respect to the supply of Goods, in accordance with these Terms and Conditions[cite: 1].
3. PLACING ORDERS FOR GOODS
- 3.1. You may place an Order through the Website by submitting the electronic Order form on the Website[cite: 1].
- 3.2. An Order submitted by you on the Website in the manner described in clause 3.1 is an offer by you to purchase Goods for the Price plus any Delivery Fee as specified at the time you submit your Order[cite: 1]. That offer cannot be withdrawn by you without our prior consent[cite: 1].
- 3.3. You acknowledge that all Orders through the Website are with respect to Goods intended for personal and domestic, non-commercial use only and quantity restrictions may apply[cite: 1].
- 3.4. In completing the electronic Order form, you agree to provide complete and accurate information as to your personal details (or those of your nominated recipient for gifts) to enable the processing and delivery of your Order[cite: 1]. This information will also be used by the Delivery Agent to fulfil your Order[cite: 1]. Oh baby will not be liable to you for your loss or that of any third party for a delay or failure to process, fulfil or deliver Goods to you (or your nominated recipient) due to inaccurate or incomplete personal details provided in respect of an Order by you[cite: 1]. Without limitation, if you provide inaccurate shipping details in an Order, oh baby is under no obligation to resend your Order if it is shipped to the address provided in the Order and not subsequently returned to oh baby [cite: 1]. You agree to obtain consent from the recipient of a gift when providing their personal details to oh baby [cite: 1].
- 3.5. You may Order from oh baby if you have an active email account and a telephone number at which you can be easily contacted[cite: 1].
- 3.6. You must check your Order carefully prior to submitting your Order with us[cite: 1]. Once you submit your Order, cancellations of your Order or changes to the Goods in your Order may only be made by agreement unless otherwise required by law[cite: 1]. However, we will allow you to exchange Goods in accordance with the Exchange Policy (within 5 working days of delivery)[cite: 1].
- 3.7. Where you place consecutive or separate Orders for Goods, we cannot consolidate the Orders into one[cite: 1]. A separate Delivery Fee will apply to each Order in accordance with clause 7[cite: 1]. Subject to clause 3.3, you can order as many Goods as you would like in an Order[cite: 1].
- 3.8. You will be provided with an automatic Order number upon submission of your Order[cite: 1]. The Order number is required when contacting our Team[cite: 1].
- 3.9 In submitting an Order you represent and warrant to oh baby that:
- You have read and agree to these Terms and Conditions[cite: 1]; and
- You have complied with all applicable Laws[cite: 1].
4. ACCEPTANCE AND REJECTION OF ORDERS
- 4.1 Oh baby reserves the right to accept or reject your Order for any reason at any time[cite: 1]. Oh baby retains the right to determine what it can and cannot deliver to any particular location[cite: 1].
- 4.2 When we accept an Order, it represents an agreement by oh baby to supply you the Goods in accordance with the Order and these Terms and Conditions[cite: 1].
- 4.3 In the event that we reject an Order under clause 4.1, we will notify you of that rejection and the reason for rejection[cite: 1]. Oh baby will not be liable to you for your loss or that of any third party for the rejection of an Order[cite: 1].
- 4.4 Where we reject an Order and your payment for the Goods has already been processed, we will refund any money paid to us in respect of that Order and make reasonable endeavours to process the refund within a timely matter[cite: 1]. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund[cite: 1]. Oh baby is not liable with respect to any loss, damage, cost, expense or injury you or any third party incur as a result of any delay in processing your refund[cite: 1].
- 4.5 If we are unable to contact you in relation to your Order under these Terms and Conditions using the contact details you provide during the Order process after having made reasonable attempts to contact you, we will reject the Order in accordance with this clause 4[cite: 1].
5. AVAILABILITY OF GOODS
- 5.1. You acknowledge and agree that from time to time, some Goods on the Website may be out of stock or unavailable and we may not be able to fulfil all or part of your Order[cite: 1]. If this occurs, oh baby will use reasonable endeavours to contact you to arrange a full or partial refund[cite: 1]. We will use reasonable endeavours to process the refund within a timely matter[cite: 1]. Your receipt of your refund will depend on the period of time it takes your financial institution to finalise the refund[cite: 1]. Oh baby is not liable with respect to any loss you or any third party might suffer as a result of any delay in processing your refund[cite: 1].
- 5.2. We reserve the right to withdraw or suspend any Good displayed on the Website from sale either temporarily or permanently at any time without notice to you[cite: 1]. Oh baby will not be liable to you for any loss you or any third party suffer as a result of a withdrawal or suspension of availability with respect to a particular Good[cite: 1].
- 5.3. Where your Order is affected by an error on the Website (for example, in relation to a description of Goods, an image, price or otherwise), we may reject the part of the Order that is the subject of the error in accordance with clause 4[cite: 1]. If applicable, oh baby will proceed to fulfil the remainder of your Order in accordance with these Terms and Conditions[cite: 1]. If you are not satisfied with the partial fulfilment of your Order, you can return your entire Order to us as an order that has been incorrectly delivered[cite: 1].
- 5.4 You acknowledge and agree that:
- All pictures and images of Goods displayed on the Website are for illustration purposes only, and the sizes and dimensions of Goods may differ in real life[cite: 1];
- You have read any corresponding written description of the Goods prior to submitting your Order[cite: 1];
- The colour of Goods as shown on the Website may vary slightly in shade in real life[cite: 1];
- Where we provide sizing or other measurements in the descriptions of a Good (where applicable), it is your responsibility to ensure that the actual size of each item is suitable for your purpose prior to submitting your Order[cite: 1]; and
- Any accessory featured with the Goods is for illustration purposes only[cite: 1].
6. PRICE AND PAYMENT
- 6.1 The Price in respect of a Good is specified on the Website and is dependent on the delivery address nominated[cite: 1].
- 6.2 Prices are displayed in Egyptian Pounds[cite: 1]. Where a delivery address outside Egypt has been nominated, the Price will not include additional Taxes may be payable by you as levied by authorities in the country of delivery upon importation to that country[cite: 1]. If goods are over the relevant country’s threshold and customs entry is required, there will also be an additional admin charge from our logistics partner for handling the customs clearance[cite: 1].
- 6.3 You will be charged the Price in Egyptian Pound regardless of your delivery location[cite: 1]. Any currency conversion fees or rates used to determine the amount you pay for the Goods is determined by your credit card or finance provider or Paypal[cite: 1]. We are not liable for any difference between the Price quoted on the site and the actual amount charged to you for the Goods as determined by the fees and conversion rate used by your credit card or finance provider or Paypal[cite: 1]. A change of conversion rates may also result in a refund being converted to a different amount than that which was charged to you[cite: 1]. This is out of our control and the amount charged and refunded will be the Egyptian Pound Price[cite: 1].
- 6.4 Oh baby reserves the right to change or alter Prices of Goods on the Website without notice to you, unless you have already submitted an Order at a stipulated Price, in which case there will be no change or alteration in the Price (provided your Order is not affected by an obvious pricing error, in which case the procedure in clause 5.3 will apply)[cite: 1].
- 6.5 In respect of any Order, we will charge you and you agree to pay to us:
- The Price (which is the Price at the time the Order is submitted in Egyptian Pounds)[cite: 1]; and
- The Delivery Fee (if any)[cite: 1].
- 6.6 You can pay for your Goods by any of the methods specified on the electronic Order form on the Website from time to time[cite: 1]. When paying by credit card, you authorise oh baby to debit your nominated card at the time you submit your Order[cite: 1].
- 6.7 You acknowledge and agree that any payment in respect of an Order must be cleared by oh baby before Goods which are the subject of an Order are dispatched[cite: 1]. If your payment cannot be processed, your Order will be rejected in accordance with these Terms and Conditions and you will be notified of this[cite: 1]. In relation to credit cards, you should contact your card issuer in the first instance to try to resolve any problem concerning the use of your credit card, or use an alternative payment method in order to continue with your Order[cite: 1].
- 6.8 In paying or attempting to pay for the Goods, you agree that you have not engaged in any fraudulent conduct or contravened any Law[cite: 1].
- 6.9 You will receive an invoice by email once payment in respect of your Order has been processed[cite: 1].
- 6.10 Oh baby uses an encrypted payment gateway and security certificate to secure payments[cite: 1]. Whilst we take all reasonable precautions, we cannot guarantee the security of any transaction[cite: 1].
7. DELIVERY
- 7.1 Oh baby uses Delivery Agents to deliver your Goods[cite: 1]. You agree to your details including your Delivery Address being supplied to the Delivery Agent for the purpose of delivering your Goods[cite: 1].
- 7.2 You acknowledge and agree that notwithstanding anything else stated on the Website:
- oh baby cannot guarantee that delivery will occur in the stated delivery time frames[cite: 1];
- delivery time frames may change from time to time due to unforeseen circumstances[cite: 1]; and
- except where required by applicable law, oh baby is not liable with respect to any loss, damage, cost, expense or injury you or any third party suffers as a result of a change in delivery times or a delay in delivery[cite: 1].
- 7.3 Delivery of Goods will take place at the Delivery Address specified by you during the Order process[cite: 1]. You will need to submit separate Orders for Goods where you require multiple delivery destinations[cite: 1].
- 7.4 If our delivery agent is unable to deliver your Goods to the Delivery Address due to the size of the package or because there are restrictions on access to the Delivery Address or it is unsafe or impractical to make delivery, you will be contacted via email[cite: 1]. It is your responsibility to follow the instructions stated in the email to collect your order[cite: 1].
- 7.5 Where you do not collect your Goods specified in the email within the time required of a failed delivery, you must contact our Team using the details provided at the start of these Terms and Conditions for further information with respect to claiming your Order[cite: 1]. If Goods are required to be redelivered, you may be required to pay any associated fees for redelivery[cite: 1].
- 7.6 Upon delivery, you must inspect your Goods and check that the Goods delivered match your Order[cite: 1]. If there is obvious damage to the Goods due to transit, you must contact our Team within 48 hours using the details provided at the start of these Terms and Conditions[cite: 1]. If the Goods are not as ordered, you may return the Goods to us[cite: 1]. If Goods are missing from your Order, you may call our Team, or return the Order in accordance with the Exchange Policy detailed on this page[cite: 1]. You should let us know about any defective, damaged, missing and incorrect Goods within 48 hours[cite: 1]. Any Goods replaced under the Exchange Policy due to being defective, damaged, missing or incorrect will be delivered to you free of charge[cite: 1].
- 7.7 You warrant to oh baby that any nominated representative receiving the Goods on your behalf at the Delivery Address is duly authorised by you to do so[cite: 1].
8. RISK AND TITLE
Risk and title in the Goods passes to you on the date and time of delivery of the Goods to the Delivery Agent[cite: 1].
9. ORDER CANCELLATIONS AND EXCHANGE
- 9.1. Unless provided for under these Terms and Conditions, no cancellations or changes to Orders will be accepted, and the Goods will be delivered to the stated Delivery Address in accordance with these Terms and Conditions[cite: 1]. Therefore, you should carefully check that your Order is accurate before you submit it to us[cite: 1]. You will, however, be able to return faulty or incorrectly delivered Goods in accordance with the Exchange Policy[cite: 1].
- 9.2. Goods can only be returned under these Terms and Conditions (in particular, this clause 9) and in accordance with the Exchange Policy[cite: 1]. The Exchange Policy forms a part of these Terms and Conditions[cite: 1].
- 9.3. Where we reject or cancel your Order under these Terms and Conditions, we will refund the Price of the Goods to you (and any applicable Delivery Fee) in accordance with these terms[cite: 1].
PART C: TERMS AND CONDITIONS FOR SUBMISSIONS
10. OWNERSHIP OF SUBMISSIONS
Other than personal information, which is subject to our Privacy Policy, all comments, blogs, feedback, suggestions, ideas, competition entries, images, or other submissions submitted or offered to oh baby on or via this Website or otherwise submitted or offered in connection with your use of the Website (collectively, "Submissions") shall be and remain the property of oh baby. You assign all explicit copyright and intellectual property rights in your Submissions to oh baby upon submission.
11. USER CONDUCT AND CONTENT RESTRICTIONS
When submitting content or interacting with the Website, you agree that you will not post, upload, or transmit any material that:
- Is false, misleading, defamatory, offensive, or abusive;
- Infringes upon any third-party patent, trademark, trade secret, copyright, or other proprietary rights;
- Contains software viruses, commercial solicitations, chain letters, or any form of spam;
- Impersonates any person or entity or misrepresents your affiliation with a person or entity.
PART D: GENERAL TERMS OF USE
12. ACCURACY OF CONTENT
While oh baby attempts to ensure that the content on this Website is complete and accurate, to the maximum extent permitted by law, oh baby does not guarantee that the information on this Website will be free from errors, omissions, or inaccuracies.
13. INTELLECTUAL PROPERTY RIGHTS
All copyright, database rights, trademarks, and other intellectual property rights in the text, design, graphics, logos, images, selection, and arrangement thereof on this Website belong strictly to oh baby or its licensors. Reproduction, modification, distribution, or republication of any material without prior written permission from oh baby is strictly prohibited.
14. THIRD-PARTY LINKS
This Website may contain links to external third-party websites for your convenience. Oh baby does not monitor or control these external sites and is not responsible for their content, availability, or privacy practices. Accessing linked third-party websites is entirely at your own risk.
15. DISCLAIMER AND EXCLUSION OF LIABILITY
To the fullest extent permitted by applicable law, oh baby excludes all warranties, express or implied, regarding the Website and any goods purchased through it. Oh baby will not be liable for any indirect, incidental, special, or consequential damages resulting from the use or inability to use the Website, or for the cost of procurement of substitute goods.
16. INDEMNITY
You agree to indemnify, defend, and hold harmless oh baby, its officers, directors, employees, agents, and suppliers from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any breach of these Terms and Conditions or any activity related to your account by you or any other person accessing the site using your internet account.
17. WAIVER
Failure or delay by oh baby to enforce any provision of these Terms and Conditions shall not be construed as a waiver of any of its rights under these terms.
18. SEVERABILITY
If any clause or part-clause of these Terms and Conditions is found by any court or authority of competent jurisdiction to be illegal, invalid, or unenforceable, that provision or part-provision shall be deemed severed, and the remaining provisions shall continue in full force and effect.
19. GOVERNING LAW AND JURISDICTION
These Terms and Conditions are governed by and construed in accordance with the laws of Egypt. You irrevocably agree that the courts of Cairo, Egypt shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.
20. AMENDMENTS TO TERMS AND CONDITIONS
Oh baby reserves the right to amend these Terms and Conditions at any time without prior notice by posting updated terms directly to this page. Your continued use of the Website constitutes acceptance of the modified terms.
If you do not understand these Terms and Conditions or if you have any questions, please contact our Team via email at info@ohbabyeg.com[cite: 1].