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
- 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
1.2 The products offered on the Website are sold by Fashion Baby LDA (FBB).
- 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
- 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
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
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
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”).
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
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.
- 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
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.
- 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
(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
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 email@example.com, 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
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
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).
- Shipping confirmation
6.1 FBB or the Courier, will send to the Client a shipping confirmation via email once the
Products are dispatched.
- 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.
- 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
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.
- 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
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.
- Our refunds policy
10.1 If you would like to return a Product to us, please refer to the guidelines under our
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
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
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,
(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.
- 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
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
- 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.
13.1 All notices given by you to us must be given to the following email address:
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.
- 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.
- 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
(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
(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.
16.1 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.
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
- 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.
- 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).
- 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
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
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.
- 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 firstname.lastname@example.org.
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: email@example.com).
21.4 The Seller is also entitled to use the online dispute resolution procedure
available at http://ec.europa.eu/consumers/odr