Introduction
Welcome to babylisten.com.
These Terms and Conditions govern the contents and use of the www.babylisten.com (the “Site”) and set out the terms and conditions on which we supply the products that are available through the Site (the “Products”) as well as the rights and obligations of you, the “User”, and those of The Natural Language Company Limited trading as Baby Listen.
We are a company registered in England and Wales with company number 05104257 under the name The Natural Language Company Limited. The address of our registered office is Cleveland House, 51 Cleveland Park Avenue, London E17 7BP. You can contact us here: or by visiting our contact page.
“Baby Listen” in these Terms and Conditions, means us or the Site, according to the context.
Please read these Terms and Conditions carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms and Conditions. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any services.
Any new features or tools which are added to the Site shall also be subject to the Terms and Conditions. You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to the Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes your acceptance of those changes.
Use of the Site, Products and intellectual property rights
You agree to comply with our content rules (set out below), not to use the Site in a way that could cause offence or distress to anyone and not to use the Site for any unlawful or improper purposes.
You agree to follow all reasonable instructions that we may give you about how to use the Site.
We reserve the right in our absolute discretion (a) to suspend or remove the Site or stop providing any of the services available throught the Site (b) to suspend or terminate your access to or use of the Site at any time and with or without notice, without giving a reason as to why we have done so. If we do this, you acknowledge that we shall incur no liability to you or any other person.
All intellectual property rights – including registered and unregistered trade marks and service marks, patents, registered designs and design rights, domain names, copyright, database rights, rights in computer programs and moral rights in and related to the Site, content contained in the Site and in the Products, are owned by Baby Listen or our licensors.
Users may use the Site and the content contained within the Site solely for their own personal, non-commercial purposes. None of the content in the Site may be reproduced, altered, copied or redistributed in any way.
You agree to use the Products and the content contained within the Products solely for your own personal, non-commercial purposes.
You may use the content contained within the Products on a reasonable number of electronic devices (not exceeding 4) that you own or control, such as by playing the content of an album on your phone, or mp3 device. Beyond this permitted use for your own and your family’s listening purposes, none of the content in the Products may be reproduced, altered, copied or redistributed in any way.
You may not remove any copyright, trade mark or other intellectual property notices contained in any of the content of the Site or Products.
Order Process
Whenever you buy a product through this Site, you will be entering into a contract with The Natural Language Company Limited, a limited liability company registered in England and Wales with company number 05104257. Our registered office is: 51 Cleveland Park Avenue, London E17 7BP, UK.
The Products on the Site are offered for sale subject to availability and subject to our accepting your order.
To place an order for the purchase of a Product, the User needs to follow the order procedure as shown on the Site. The price payable for any Product and the procedure for payment are shown on the Site. If a User is ordering a product for delivery to an address outside Great Britain, the User agrees that he or she will be responsible for the payment of any import duties or further taxes relevant to imports into that country or territory. We accept payment by major debit and credit cards.
When you confirm your order by pressing the ‘Pay Now’ button on the Site, you agree to purchase the Product you have selected.
If the Product ordered includes content selected or entered by the User it is a “personalised product”. If it is a product which does not include content selected or entered by the User, it is a “non-personalised product”
If the Product you wish to buy is a digital download, you will first need to agree to two specific provisions for making instant purchases of digital content which are contained in the Consumer Contracts Regulations 2013:
Firstly you will need to confirm that you are expressly requesting to buy a download that will be available straight after purchase, i.e. within the 14-day cancellation period specified by the regulations and applying to physical products.
Secondly, you will also need to acknowledge that once the download starts you will lose your right to cancel the purchase.
You also agree that after the purchase of a digital download you are responsible for only attempting to download your purchase on a device that can open .zip files. This is made clear on the relevant product page of the Site, as is our recommendation that the purchase is completed on a desktop or laptop unless you are sure that your phone or tablet can open .zip files.
On receiving your payment, if your purchase includes a physical product we will send you a ‘thank you for your order’ email to let you know that we have received it. Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is shown by us sending you an Order Completion email (‘your order is on its way’) email. Only once we have sent you a Order Completion email will there be a legally binding contract between us and you.
If you buy a digital download, after payment you will receive an Order Completion email containing a link showing the filename of your purchase, which you can click in order to download it when you are on a device that can open .zip files. (There will also be a download link on the Site on the page confirming your payment.)
Order Completion emails shall contain the following information:
Details of the Product(s) ordered; itemised pricing for the Product(s) ordered, including taxes, delivery and any other additional charges.
We reserve the right to reject an order and refund your payment at any time without giving a reason as to why we have done so.
An order may be rejected by us even after an Order Completion email has been sent for a reason including but not limited to the following: the Product was wrongly priced or wrongly described; a personalised product has content which appears to contravene our content rules; we suspect that the order has been placed fraudulently.
Product description
We try to make sure that every Product on the Site is displayed and described as accurately as possible and displays the correct price. However, we do not offer any assurance that the colours on the Products will precisely match the colours shown on the screen of your computer or device. In addition, occasionally there may be variations in layout and typeface, and you agree that the Product you purchase may not exactly match the ones shown in any of the images on the Site.
Personalised products and content rules
If you order a card as part of our gift service, you will be asked to enter a message to be printed inside the card. This would be deemed to be a personalised product. Please note that personalised products cannot be cancelled once the order has been accepted.
We can in our absolute discretion refuse to print a message in a card where we feel that it could be offensive, inappropriate or against any of our content rules (set out below). In the event of a User entering a message that we consider offensive, inappropriate or against any of our content rules, you agree that your order may be rejected or that we may substitute one of our standard phrases of congratulations for the whole or part of the phrase or message in question. You acknowledge that we may reject an order or substitute a phrase without giving a reason as to why we have done so and that by doing this we shall incur no liability to you or any other person.
Our content rules for personalised products are as follows:
You acknowledge that you may not include in gift card or other personalised Product any content which (a) infringes the copyright, trademark or other rights of any person or entity (b) is false, misleading, alarming, offensive, abusive or threatening, or which might cause offence, upset or distress to anyone (c) impersonates anyone or misrepresents your identity (d) is against any applicable law (e) purports to come from or to be approved by us.
Returns, refunds, rights of cancellation
Non-personalised physical Products (for example a Baby Listen album on CD)
You may cancel your contract with us for the purchase of a non-personalised physical Product within 14 days of receipt. As the cancellation period will expire 14 calendar days after the day your order is delivered to you, you must inform us of the cancellation by sending us an email or by using our cancellation form no more than 14 days from the day on which the product is delivered.
You then need to return the Product to us within 14 days of your notifying us of your decision to cancel.
If you are cancelling because a Product is faulty or defective, Baby Listen will refund the postage cost of returning the Product to us, within 14 days of our receiving the faulty or defective item. We will either send you a replacement item or refund the purchase cost, according to what you specify.
If the Product being returned is not defective or damaged, and you are cancelling your order because you have changed your mind or for some other reason, you will be responsible for the cost of returning the Product to us.
We will refund the original purchase price of the non-personalised item including the initial costs of delivery (but excluding any supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us) within 14 days of receiving the Product back from you in saleable condition.
We may reduce the amount of money refunded for Products returned whose value is reduced by handling beyond what is necessary to see whether the goods are as expected. Please be aware that the value of the Product may be reduced to nothing if its seal is damaged or broken.
Please note that in the case of audio recordings such as those on CD, you will lose your right to cancel if you unseal the shrink wrap or seal which the item comes in.
Personalised products (for example a Baby Listen printed gift card)
Note that there is no right to cancel a contract and return a Product (as described above for non-personalised products) where a Product has been personalised, such as in the case of a printed gift card.
If you have ordered a gift-wrapped Baby Listen album with printed gift card as part of our gift service, we regret that the element of the purchase price for the gift-wrapping service cannot be refunded as part of a cancellation, so the maximum that can be refunded for an order cancellation in this case would be the price of the corresponding Baby Listen album on CD with its inclusive postage costs.
This does not affect your legal rights.
Delivery
We shall endeavour to dispatch Products as soon as possible after order, but we give no guarantee of delivery dates or times. Delivery times may differ depending on what you order.
We will make you aware of delivery charges (if any) before you place your order.
Links
We may make links available from the Site to other sites or resources from time to time for your interest or convenience. We do not endorse these other sites or their content. You acknowledge that you access these third-party sites at your sole discretion and at your own risk, that we are not responsible either for their practices or policies and that we will not be liable for any damage or loss that you may suffer by accessing them.
Disclaimers of warranty, liability, indemnity
We have designed and produced the Site and Baby Listen Products to the best of our abilities and use reasonable care and skill in providing the Products and services in accordance with our specifications. However, we cannot and do not guarantee that Baby Listen or the Products will meet any particular requirements you may have above and beyond the specification set out on the Site. Other than as expressly described on our website specification (i) we make no representations relating to the Products and (ii) Products and services available from us are provided “as is” without warranty of any kind, express or implied, including but not limited to warranties of performance, merchantability, fitness for purpose, accuracy or completeness.
You agree that our liability for any losses you suffer as a result of us breaching these Terms and Conditions is limited to the purchase price of the Product that you purchased. You agree that we shall not be liable to you or anyone else in any way for any loss or damage which does not directly result from (or which exceeds that which was caused as a direct result of) any breach of this agreement by us, however it was caused.
Nothing in these Terms and Conditions shall limit or exclude our liability for death or personal injury caused by our negligence; or for fraud or fraudulent misrepresentation.
Due to the risks inherent in using the internet, we cannot be liable for any damage to your computer equipment, device or other property when visiting or using the Site; you expressly acknowledge that your browsing of and use of the Site and your use of the content contained within the Site are at your own risk.
Subject to the above, you agree that we shall not be liable to you or anyone else in any way for any incidental or indirect loss or damage including but not limited to loss of business, revenue, profits, opportunity, anticipated savings, reputation or goodwill, or for any loss or corruption of data, or business interruption resulting from the use of or inability to use the Site.
We shall have no obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and any other tort) or otherwise, save as expressly provided in these Terms and Conditions.
We shall not be liable for any failure or delay in performing our obligations under these Terms and Conditions where the failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: failure of power equipment or supplies, internet service provider failure, government action, epidemic or other natural disaster, or any other event that is beyond our reasonable control.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents and suppliers harmless immediately on demand from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising from any breach of the Terms and Conditions by you, or any other liabilities arising from your use of the Site.
Nothing in these Terms and Conditions seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to the Citizens Advice Bureau or National Trading Standards.
The provisions of this section shall survive the termination or expiry of these Terms and Conditions.
Risk and Property
Title to any Product ordered will pass to you once Baby Listen has accepted your order for that Product. Risk in any Product ordered will pass to you when the Product has been delivered to the agreed delivery address.
Law
These Terms and Conditions and any purchases made on the Site shall be governed by English law and subject to the jurisdiction of the courts of England and Wales.
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