This page (together with the documents referred to on it) tells you the terms and
conditions on which we supply any of the products (“Products”) listed on our website
www.fashionbaby.xyz (“our site” or “Website”) to you. Please read these terms and
conditions (“General Conditions of Sale”) carefully before ordering any products from
our site. You should understand that by ordering any of our Products, you agree to be
bound by these General Conditions of Sale.
You should save a copy of these General Conditions of Sale for future reference.
By placing your order, you accept these general conditions of sale. Please understand
that if you refuse to accept these General Conditions of Sale, you will not be able to
order any Products from our site. Once you will accept the following General
Conditions of Sale, you will be defined hereinafter also as “Clients” or “Client” or “you”.
General conditions of sale

  1. Information about us
    1.1 www.fashionbaby.xyz is a site owned and operated by Fashion Baby LDA with their
    registered office at Sede: Rua Garcia de Orta, 71-C, Loja 18 Distrito: Lisboa Concelho:
    Lisboa Freguesia: Estrela 1200 678 Lisboa, with company registration number
    516198858, and email address to contact us IAM@FASHIONBABY.XYZ (“Fashion Baby
    LDA”).
    1.2 The products offered on the Website are sold by Fashion Baby LDA (FBB).
  2. Your status
    2.1 By placing an order through our site, you warrant that:
    (a) You are legally capable of entering into binding contracts;
    (b) You are at least 18 years old;
    (c) You are purchasing the Products for your own personal and non-business use; and
    2.2 Any personal data that we gather concerning you shall be used only in accordance with
    our “Privacy Policy” incorporated into this General Conditions of Sale.
  3. Execution of the contract
    3.1 The price and essential characteristics of each Product (along with the relevant Product
    codes) are displayed on our site. The information displayed on our site does not
    represent an offer by FBB.
    3.2 Before submitting an order through our site, you shall carefully read all the instructions
    provided during the purchase procedure, Return Policy, FAQs (also with regard to the
    right of withdrawal conditions, the delivery charges and the Privacy Policy statement),
    along with these General Conditions of Sale.
    3.3 In order to submit an order, you could purchase it as a guest or as a registered user on
    the website www.fashionbaby.xyz.
    3.4 To purchase a Product, Client must (i) include the selected Product in the “Shopping
    Bag” by clicking on the relevant button, (ii) fill in the order proposal, (iii) select the
    payment manner, (iv) accept the General Conditions of Sale, Return Policy and the
    Privacy Policy and (v) send the order proposal to FBB through our site. After completion
    of the purchase procedure described above the Client will receive a transactional email
    as proof of purchase of the Products (“Order Confirmation”). In case of return of the
    Products as per clauses 8, 9 and 10 below, the Client will be required to provide FBB
    with the number of the Order Confirmation and with the email address used by the
    Client to effect the purchase of Products as resulting from the same Order
    Confirmation in accordance with the procedures described in the abovementioned
    clauses.
    3.5 Sending of the order constitutes an offer to purchase the selected Product, regulated
    under these General Conditions of Sale and binding for the Client (with no prejudice to
    the withdrawal right under Article 9). Submitting the order proposal by the Client
    implies the obligation of the latter to pay the price of the ordered Product(s).
    3.6 Any error/change in data entered by the Client in the order proposal may be validated by
    the latter, following the process described on our site, before submitting the order
    proposal (by way of example: Client may change the quantity of Products that intend to
    purchase by adding or removing one or more Products from its “Shopping Bag”).
    3.7 Without prejudice to the use of data described in the Privacy Policy, the order proposal
    and the Client’s data related to that order proposal may be kept by FBB for the period
    required by applicable legislation. Furthermore, contracts executed with Clients will be
    archived by FBB for the retention period required by applicable law.
    3.8 An order proposal may be refused by FBB even after Order Confirmation (provided that
    no consideration shall be due by the Client to FBB, with the sole exception of those
    sums mentioned under clause 11 below, if any) within 30 days at its sole discretion, by
    way of example but without limitation
    i. the Products are not available (with no prejudice to the provision set out under clause
    3.11, 4.2, 4.3); or
    ii. a reported, or suspected, fraudulent or illegal activities, including suspected
    purchases for commercial purposes;
    iii. the Client has not fulfilled his/her obligations deriving from a prior contract
    executed with FBB.
    3.9 The contract will relate only to those Products whose dispatch or supply we have
    confirmed in the Order Confirmation.
    3.10 Without prejudice to what is set forth in clause 3.8, the contract between FBB and the
    Client is executed upon receipt by the Client of the acceptance by FBB of the order
    proposal sent through the process set out on our site through the Order Confirmation.
    3.11 Despite the Order Confirmation, in case of unavailability of one or more of the ordered
    Products, the Client will receive an email duly informing them about the unavailability
    of the Products. In this case, the order proposal will be cancelled or partially accepted
    just in relation to the available Products. In case of partial acceptance, the Client shall
    pay (or shall be charged, in case of payment through the credit card) only the price of the
    available Products.
    3.12 The Order Confirmation will include a summary of the essential characteristics of the
    purchased Products, a detailed indication of the price and modalities of payment,
    information on the conditions and methods to exercise the right of withdrawal
    (including information on the exclusion of the right of withdrawal for personalised
    Products), information on delivery charges, the address to which complaints may be
    addressed, information on support services and on existing commercial terms and a
    copy of or link to these General Conditions of Sale.
  4. Availability and product’s information
    4.1 Information on Products (along with the relevant Product codes) and relevant prices are
    available on our site.
    4.2 The Products available on our site are a selection of items normally available online and
    in stores; however, FBB does not provide any warranty to the Client relating to the
    availability online and in the stores of the Products available on the Website.
    Furthermore, we do not guarantee that any of the Products shown on our site will be in
    stock. Pictures of the Products displayed on our site may not correspond entirely to
    their actual appearance; the Client shall therefore rely exclusively on the description of
    the Products and their characteristics as mentioned in our site.
    4.3 FBB reserves the right at any time to limit quantities and/or type of Products available
    on the Website. The style, models and colours of the Products described may be
    changed without notice. During the purchasing process, an automatic response will
    inform the Client if the order cannot be processed due to the unavailability of the
    ordered Product; FBB is not liable towards the Client in case of unavailability of the
    Product.
    4.4 The maximum number of pieces for each Product included by the Client in the order
    proposal is five pieces for SKU and twenty-five pieces for each Purchase Order.
    4.5 In no case will FBB be liable for errors occurred due to failure of the Client’s connection
    to the Website. Furthermore, FBB will not take any responsibility in regard to the Client
    under the following circumstances, regardless of the reason for the damages, the cause,
    the nature of the damages, or the results:
    (a) any damages caused by the suspension or stoppage of the operation of our site;
    (b) any damages resulting from a third party hacking our site and changing the
    information that it provides.
  5. Transport and delivery
    5.1 Your order will be fulfilled by the delivery date set out in the Order Confirmation or, if
    no delivery date is specified, then within a reasonable time as of the date of the Order
    Confirmation, unless there are exceptional circumstances. The delivery date will be
    arranged by us in accordance with our operators in the area of the delivery and will vary
    based on the delivery address, type of Products and other relevant factors. Products shall
    be delivered to the address indicated by the Client in the order proposal. FBB shall not
    deliver to:
    (a) PO boxes.
    (b) lodging facilities such as hotels or inns, public facilities, airports and ports;
    (c) entities or individuals which provide products forwarding services to overseas; or
    (d) any other locations where FBB reasonably determines that the address of the
    customer is unknown.
    5.2 For each order, upon Client’s request, FBB could invoice the price of Products by email
    to the Client, pursuant to the applicable laws and regulations. The invoice will be based
    upon the information provided by the Client at the time of the order. No alterations to
    the invoice are possible after the invoice has been issued.
    5.3 Delivery charges shall be borne by the Client and are indicated separately on the order
    form.
    5.4 The purchased Product shall be delivered by a courier service selected by FBB
    (hereinafter “Courier”); the purchased Products will be delivered on working days (thus
    excluding Saturdays, Sundays and local or national holidays) within a maximum of 30
    (thirty) days from the date of the Order Confirmation (except that a force majeure event
    or unforeseeable circumstance occurs). In case the delivery has not occurred within the
    above indicated term the Client should notify FBB, by sending an e-mail to the e-mail
    address iam@fashionbaby.xyz, and provide FBB with a further 7 (seven) days term (or
    such additional period of time – if any – as may be required by the relevant applicable
    law, or reasonable in the circumstances) to deliver the Product, provided that, in case of
    failure to comply with such term, the Client shall be entitled to repudiate the contract
    and FBB, through FBB, shall, without undue delay, reimburse all sums paid under the
    contract.
    5.5 At the time of delivery of the Products by the Courier, the Client (or a nominated
    representative) is required to verify:
    (a) that the addressee indicated on the delivery note is correct; and
    (b) that the packaging and its seals are intact, undamaged, not wet or altered in any
    manner.
    5.6 Any damages to the packaging and/or the Product(s), or discrepancies in the addressee
    references or documentation must be immediately indicated in writing to the Courier’s
    delivery note. Except to the extent permitted under applicable laws, once the Courier’s
    document has been signed and no objection has been raised by the Client, the Client
    may not make any objection to the exterior characteristics of the delivered parcel
    provided that the Client is entitled to subsequently raise objections in relation to the
    any other features related to the Product(s) in accordance with the conditions set forth
    under clause 9 below.
    5.7 Items are located in both Portugal (Clothes and Denim Cocoon sneakers) and the United Kingdom (Swallowtail Lows – Camo Hawk, Peacock and Eastern Tiger).
  6. Shipping confirmation
    6.1 FBB or the Courier, will send to the Client a shipping confirmation via email once the
    Products are dispatched.
  7. Risk and title
    7.1 The risk of loss of or damage to the Products shall pass to the Client when the Client (or
    a third party indicated by the Client and other than the carrier) has acquired the
    physical possession of the Product.
    7.2 Ownership of the Product(s) will only pass to you when we receive full payment of all
    sums due in respect of the Product(s), including delivery charges.
  8. Consumer rights
    8.1 In addition to rights granted under clause 9, you may cancel a contract for a Product at
    any time within thirty calendar days for Products purchased at full price and within
    fourteen calendar days for discounted Products, beginning on the day after you received
    the relevant Products (the Cancellation Period). In this case, you will receive a full
    refund of the price paid for the Products in accordance with our refunds policy (set out
    in clause 10 below). To cancel a contract, you must inform us in writing within the
    Cancellation Period.
    8.2 Without prejudice to right granted in clause 9, the right of withdrawal provided in
    clause 8.1 does not apply for personalised Product, such as, for example, those with the
    Client’s initials engraved on the Product.
  9. Lack of conformity
    9.1 If a Product sold by FBB has manufacturing defects or in any case of alleged lack of
    conformity of Products sold by FBB, you must notify us of the defect using the following
    page: iam@fashionbaby.xyz
    9.2 If it will be confirmed by us that a Product sold by FBB has manufacturing defects or in
    any case of alleged lack of conformity you have the right, free of charge, to get the
    Product repaired (or replaced) within the limits provided by the applicable law, or, in
    case such repaid of replacement is not possible, to have an appropriate reduction in the
    price of the Products, or the contract cancelled. You lose these rights if you fail to notify
    FBB of the lack of conformity within 2 (two) months from the date on which you
    detected such lack of conformity. Delivery costs for returning the Product to be repaired
    or replaced under this clause, shall be borne by FBB, as well as any costs related to the
    delivery to you of the repaired or replacing Product.
  10. Our refunds policy
    10.1 If you would like to return a Product to us, please refer to the guidelines under our
    Returns Policy.
    10.2 If you cancel the contract between us pursuant to clause 8 and return a Product to us
    according to clause 10.1 above, we will process the refund due to you as soon as possible
    and, in any case, within 2 months of the day you have given notice of your cancellation.
    In this case, we will refund the price of the Product in full (excluding the cost of sending
    the item to you and the cost incurred by you in returning the item to us).
    10.3 The refund policy provided in clause 10.1 shall not apply to Products set forth in clause
    8.2 above.
    10.4 If you return the Product pursuant to clause 10.1 above because you claim that the
    Product is defective according to clause 9, we will examine the returned Product and
    will notify you of your refund via e-mail within a reasonable period of time. We will
    usually process the refund due to you as soon as possible and, in any case, within 2
    months of the day we confirmed to you via email that you were entitled to a refund for
    the defective Product. Products returned by you because of a defect will be refunded in
    full, including a refund of the delivery charges for sending the item to you and the cost
    incurred by you in returning the item to us. The cost of sending the item to you in the
    first instance, will be refunded to you only in case such Product was not included in a
    multiple order.
    10.5 It should be understood that in both the cases described in clauses 8.1, 10.1 and 10.2
    above, you must also return any related Products to us immediately, in the same
    condition in which you received them. You have a legal obligation to take reasonable
    care of the Products while they are in your possession. We may have a right of action
    against you for compensation and no refund will be granted:
    (a) if there is evidence that the Products have been already used (creases, damage,
    odours)
    (b) if the Products were originally purchased in a store
    (c) if the Products do not have their attached tags
    (d) if part of the Products or accessories, are missing
    (e) if packing materials are missing
    (f) if the statement of delivery enclosed when sending the Products is not also returned.
    If your request for a refund is rejected on any of the grounds above, we will at your
    request and cost return the Product to you. Please note that you are responsible for all
    delivery costs, taxes and duties associated with such return from our warehouse. If the
    product is faulty, then it will be up to FBB to change, repair, remove the defect and ship
    the product back to the consumer (at FBB’s cost).
    10.6 We will usually refund any money received from you by deposit on the same credit card
    used by you for the purpose of purchasing Products. Furthermore, in case of payment
    made through a Paypal account, the refund will be executed by FBB directly on the
    Paypal account of the Client. In case it is not possible to refund the money as per
    previous paragraph, the refund will be executed by FBB by bank transfer.
  11. Price and payment
    11.1 The price of any Products will be as quoted on our site from time to time, except in
    cases of obvious error. Our site works in good faith to display accurate Product
    information at all times.
    11.2 Delivery costs shall be added to the price of the Products and are indicated separately
    on the Shopping Bag or order form.
    11.3 Prices are liable to change at any time, but changes will not affect orders in respect of
    those in which we have already sent you an Order Confirmation.
    11.4 Our site contains a large number of Products and it is always possible that, despite our
    best efforts, some of the Products listed on our site may be incorrectly priced. We will
    normally verify prices as part of our dispatch procedures so that, where a Product’s
    correct price is less than our stated price, we will charge the lower amount when
    dispatching the Product. If a Product’s correct price is higher than the price stated on
    our site, we will normally, at our discretion, either contact you for instructions before
    dispatching the Product or reject your order and notify you of such rejection.
    11.5 We are under no obligation to provide the Product to you at the incorrect (lower) price,
    even after we have sent you an Order Confirmation, if the pricing error is obvious and
    unmistakable and could have reasonably been recognised by you as a mis-pricing.
    11.6 Payment of the price of the Products included in the order proposal and the relevant
    delivery charges shall be paid by the Client by credit card, PayPal, by bank transfer or
    any additional means of payment which results available upon check out. For credit card
    payments, the transaction shall abide by any separate contractual conditions between
    the Client and the credit card company.
    11.7 FBB accepts payments made with the following credit cards: Visa, MasterCard,
    American Express, Paypal, Maestro.
    11.8 The transactions will be debited from the Client’s credit card only after:
    (a) the credit card data has been verified;
    (b) the authorization to debit the card has been received from the issuer of the card used
    by the Client, and
    (c) the availability of the Product has been confirmed by FBB.
    11.9 In the case of a dispute occurring between the Client and the credit card company,
    lender etc. in regard to fees or any other obligations related to the Client’s payments to
    our site, the Client and the concerned third party shall resolve the issue between
    themselves.
    11.10 No debit shall be made at the moment of transmission of the order proposal, with the
    exception of the temporary charge necessary to check the credit card’s validity, if any. It
    is understood that once the order is executed, the said temporary charge will be
    cancelled and replaced just by the amount due by the Client. Moreover, also in case the
    order is cancelled this temporary charge will be definitely cancelled as well.
    11.11 In the event that, for any reason, it is impossible to debit the amount due by the Client
    within the due deadline, the contract will not be executed, and the order will be
    cancelled.
  12. Written communications
    12.1 Applicable laws require that some of the information or communications we send to you
    should be in writing. When using our site, you accept that communication with us will
    be mainly electronic. We will contact you by e-mail or provide you with information by
    posting notices on our website. For contractual purposes, you agree to this electronic
    means of communication and you acknowledge that all contracts, notices, information
    and other communications that we provide to you electronically comply with any legal
    requirement that such communications be in writing. This condition does not affect
    your statutory rights.
  13. Notices
    13.1 All notices given by you to us must be given to the following email address:
    iam@fashionbaby.xyz.
    13.2 We may give notice to you at either the e-mail or postal address you provide to us when
    placing an order, or in any of the ways specified in clause 13 above. FBB will reply to you
    as soon as possible using its best and reasonable efforts. In proving the service of any
    notice, it will be sufficient to prove, in the case of a letter, that such letter was properly
    addressed, stamped and placed in the post and, in the case of an email, that such email
    was sent to the specified email address of the addressee.
  14. Transfer of rights and obligations
    14.1 The contract between you and us is binding on you and us and on our respective
    successors and assigns.
    14.2 You may not transfer, assign, charge or otherwise dispose of a contract, or any of your
    rights or obligations arising under it, without our prior written consent.
    14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a contract, or any
    of our rights or obligations arising under it without your approval, at any time during
    the term of the contract.
  15. Events outside our control
    15.1 We will not be liable or responsible for any failure to perform, or delay in performance
    of, any of our obligations under a contract that is caused by events outside our
    reasonable control (Force Majeure Event).
    15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident
    beyond our reasonable control and includes in particular (without limitation) the
    following:
    (a) Strikes, lock-outs or other industrial action.
    (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war
    (whether declared or not) or threat or preparation for war.
    (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other
    natural disaster.
    (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other
    means of public or private transport.
    (e) Impossibility of the use of public or private telecommunications networks.
    (f) The acts, decrees, legislation, regulations or restrictions of any government.
    15.3 Our performance under any contract is deemed to be suspended for the period that the
    Force Majeure Event continues, and we will have an extension of time for performance
    for the duration of that period. We will use our reasonable endeavours to bring the
    Force Majeure Event to a close or to find a solution by which our obligations under the
    contract may be performed despite the Force Majeure Event.
  16. Waiver
    16.1 If we fail, at any time during the term of a contract, to insist upon strict performance of
    any of your obligations under the contract or any of these General Conditions of Sale, or
    if we fail to exercise any of the rights or remedies to which we are entitled under the
    contract, this shall not constitute a waiver of such rights or remedies and shall not
    relieve you from compliance with such obligations.
    16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
    16.3 No waiver by us of any of these General Conditions of Sale shall be effective unless it is
    expressly stated to be a waiver and is communicated to you in writing in accordance
    with clauses 12 and 13.
  17. Severability
    If any of these General Conditions of Sale or any provisions of a contract are determined
    by any competent authority to be invalid, unlawful or unenforceable to any extent, such
    term, condition or provision will to that extent be severed from the remaining terms,
    conditions and provisions which will continue to be valid to the fullest extent permitted
    by law.
  18. Entire agreement
    18.1 These General Conditions of Sale and any document expressly referred to in them
    represent the entire agreement between us in relation to the subject matter of any
    contract and supersede any prior agreement, understanding or arrangement between us,
    whether oral or in writing.
    18.2 We each acknowledge that, in entering into a contract, neither of us has relied on any
    representation, undertaking or promise given by the other or be implied from anything
    said or written in negotiations between us prior to such contract except as expressly
    stated in these General Conditions of Sale.
    18.3 Neither of us shall have any remedy in respect of any untrue statement made by the
    other, whether orally or in writing, prior to the date of any contract (unless such untrue
    statement was made fraudulently) and the other party’s only remedy shall be for breach
    of contract as provided in these General Conditions of Sale.
  19. Our right to vary these general conditions of sale
    19.1 We have the right to revise and amend these General Conditions of Sale from time to
    time to reflect changes in market conditions affecting our business, changes in
    technology, changes in payment methods, changes in relevant laws and regulatory
    requirements and changes in our system’s capabilities.
    19.2 You will be subject to the policies and General Conditions of Sale in force at the time
    that you order Products from us, unless any change to those policies or these General
    Conditions of Sale is required to be made by law or governmental authority (in which
    case it will apply to orders previously placed by you), or if we notify you of the change to
    those policies or these General Conditions of Sale before we send you the shipping
    confirmation (in which case we have the right to assume that you have accepted the
    change to the General Conditions of Sale, unless you notify us to the contrary within
    seven working days of receipt by you of the Products).
  20. Copyright and trademark
    20.1 All rights pertaining to the content on our site (text, images, video, voices, programs
    etc.) belong to Fashion Baby LDA with their registered office at Sede: Rua Garcia de
    Orta, 71-C, Loja 18 Distrito: Lisboa Concelho: Lisboa Freguesia: Estrela 1200 678
    Lisboa, with company registration number 516198858. None of the articles, photos,
    illustrations etc. on this site may be used without the prior permission of Fashion Baby
    LDA.
    20.2 All of the trademarks and service marks used on our site belong to Fashion Baby LDA or
    are used based on official rights such as being licensed. Their unauthorised use is not
    permitted.
  21. Links
    21.1 When creating a link to our site, we may decline the link depending on the content of
    the website being linked from and the method of that link. Furthermore, FBB in no way
    guarantees the content of any sites to which it is linked and bears no responsibility at all
    for any damages incurred by a site that is linked to.
  22. Law and jurisdiction
    22.1 These General Conditions and, therefore, the contracts executed with the Clients, are
    governed by and must be interpreted in accordance with Portuguese laws.
    22.2 Any disputes arising from the interpretation, validity and/or execution of these General
    Conditions shall be subject to the mandatory territorial jurisdiction of the competent
    court of the place of residence or domicile of FBB.
    21.2 LBB advises you to first notify of any complaints by contacting FBB Legal
    Department writing to iam@fashionbaby.xyz.
    21.3 You may activate a procedure for the out-of-court settlement. Alternative
    dispute resolution (ADR) is a process where the independent body considers the facts of
    a dispute and produces a written determination which is binding on FBB. You can
    submit a complaint to CIAB – Information, Mediation and Arbitration Centre for
    Consumer Disputes (Consumer Court of Arbitration) with address at: Rua D. Afonso
    Henriques, 1, Braga, 4700030 Portugal, (email: geral@ciab.pt).
    21.4 The Seller is also entitled to use the online dispute resolution procedure
    available at http://ec.europa.eu/consumers/odr
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