Terms & Conditions
Acceptance of our Terms & Conditions
This document and the other links that we reference below make up our Terms & Conditions. The Terms are a legally binding contract between you and BabyChum.
This contract sets out your rights and responsibilities when you use BabyChum - https://babychum.co.uk/ and the other services provided by BabyChum (referred to as our “Services”). By using any of our Services (even just browsing our website), you are agreeing to our Terms. If you don’t agree with the Terms, you may not use our Services.
BabyChum's Services connect people around the world, both online and offline, to make, sell, and buy unique goods. Here’s a handy guide to help you understand the specific rules that are relevant for you, depending on how you use the Services:
All of these policies are a part of our Terms, so please ensure you read them.
Both BabyChum and Sellers process members’ personal information (for example, full name, email address, and delivery address) and are therefore considered separate and independent data controllers of buyers’ personal information under EU law. That means that each party is responsible for the personal information it processes in providing the Services. For example, if a seller accidentally discloses a buyer’s name and email address when fulfilling another buyer’s order, the Seller, not BabyChum, will be responsible for that unauthorised disclosure.
If, however, BabyChum and Sellers are found to be joint data controllers of buyers’ personal information, and if BabyChum is sued, fined, or otherwise incurs expenses because of something that you did as a joint data controller of buyer personal information, you agree to indemnify BabyChum for the expenses it occurs in connection with your processing of buyer personal information.
Your BabyChum Account
You’ll need to create an account with BabyChum to use some of our Services. Here are a few rules about accounts with BabyChum
1. You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use BabyChum or the Services. You are responsible for any and all account activity conducted by a minor on your account.
2. Correct data. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account.
3. Make the correct name choice. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
4. Account ownership. You’re solely responsible for any activity on your account. If you are sharing an account with additional people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business.Your accounts are not transferable.
5. Passwords. As mentioned above, you’re solely responsible for any activity on your account, so it’s important to use a unique password to keep your account password secure.
6. Partnerships. These Terms do not create any type of agency, partnership, joint venture, employment, or franchisee relationship between you and BabyChum.
Your Intellectual Property
Intellectual property that you post using our Services is your content. We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, product photos, product descriptions, reviews, comments, videos, usernames, etc.).
1. Responsibility for your Intellectual Property. You understand that you are solely responsible for your Intellectual Property. You represent that you have all necessary rights to your Intellectual Property and that you’re not infringing or violating any third party’s rights by posting it.
2. Permission to Use your Intellectual Property. By posting your Intellectual Property through our Services, you grant BabyChum a license to use it. We don’t claim any ownership to your Intellectual Property, but we have your permission to use it to allow BabyChum to function and grow. This means, we won’t infringe any rights you have in your Intellectual Property and we can aid promotion of your content. For example, you acknowledge and agree BabyChum may offer you or BabyChum buyers promotions on the website, from time to time, that may relate to your listings
3. Rights You Give To BabyChum. By posting Your Intellectual Property, you are giving BabyChum a non-exclusive, worldwide, royalty-free, irreversible, sub-licensable, perpetual license to use, exhibit, change, modify, reproduce, distribute, save, and prepare derivative works of your Intellectual Property. This allows us to provide the Services and to promote BabyChum, your BabyChum store, or the Services in general, in any form, and through any platforms, including across any BabyChum Services, our partners, or third-party website or advertising channel. You agree not to assert any moral rights or rights of publicity against us for using Your Intellectual Property. You also recognise our benefits in using it, in accordance with the scope of this license, to the extent your Intellectual Property contains any personal information.
4. Reporting Unauthorised Content. BabyChum has great respect for Intellectual Property Rights, and is devoted to following appropriate legal procedures to remove infringing content from the Services. If Your Intellectual Property is alleged to infringe another person’s intellectual property, we will take appropriate action, such as deleting it if we receive formal notice, or suspending your account if you are found to be a repeat offender.
5. Inappropriate, False, or Misleading Content. This should be easy enough to understand, but there are certain types of content we don’t allow to be posted on BabyChum's Services (for legal reasons or otherwise). You agree that you will not post any content that is rude, threatening, defamatory, obscene, tasteless, or otherwise offensive. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceiving.
Use of Our Services
License to Use Our Services. We grant you a limited, non-exclusive, non-transferable, and a cancelable license to use our Services - subject to the Terms and the following restrictions in particular:
1. Appropriate Conduct. You agree that you will not violate any laws in connection with your use of the Services. This includes any local, county, regional, national and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your store requires; you may not sell anything that violates the law in any way, shape or form. You are prohibited from engaging in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against BabyChum another BabyChum user, or a third party.
2. Fees. You are responsible for paying all fees that you owe to BabyChum. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services.
3. Copyright. You agree not to copy, duplicate, scam, scrape, or hack any page of the Services or to reverse engineer or attempt to obtain the date behind the Services.
4. Hacking. You agree not to interfere with or try to harm or hack our Services, for example by distributing a virus or other damaging computer code.
5. Trademarks. The name "BabyChum" and the other BabyChum marks, strap lines, logos, and designs that we use in connection with our Services, are trademarks of Babychum in the UK.
6. Sharing Is Caring. We are always open to new suggestions and proposals. Your ideas can help us improve user experience and our Services. Any unsolicited ideas or other materials you submit to BabyChum (not including Your Intellectual Property or products you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and content for any purpose, without reimbursement to you.
7. Chat. BabyChum will provide you with certain legal information in writing, usually by email. By using our Services, you accept that we can send you information electronically (such as by email) instead of sending you paper copies, and that your electronic agreement is the same as your signature on paper.
Leaving Us. We'd hate to see any Seller leave our platform, but you may terminate your account with BabyChum at any time from your account settings. Terminating your account will not affect the availability of some of Your Intellectual Property that you posted through the Services prior to termination.
Termination By Us. We may terminate or suspend your account (and any related accounts) and your access to the Services at any given time, for any reason, and without advance notification. If we do this, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our website. BabyChum may refuse service to anyone, at any time, for any reason at our discretion.
If you or BabyChum terminate your account, you may lose any data associated with your account, including your Intellectual Property.
We reserve the right to adapt, amend, suspend, or discontinue any of the Services at any time, for any reason. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
The Terms will still remain in place even after your access to the Service has ended, or your use of the Service is terminated.
Liability & Limitations
Products Purchased By You. You understand that BabyChum does not manufacture, supply, store, or inspect any of the items sold through our Services. We provide the platform; the items in our marketplaces are manufactured, made, listed, and sold directly by independent sellers, so BabyChum can't and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you buy must be brought directly against the Seller of the item. You release BabyChum from any claims related to items sold through our Services, including for defective products, misrepresentations by Sellers, or items that caused physical injury (like product liability claims).
Content Accessed By You. You may come across content (pictures or words) that you find insulting, rude or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. BabyChum is not responsible for the correctness, copyright compliance, legality, or decency of content posted by users that you have accessed through the Services. You release us from all liability relating to that content.
Interaction. You can use the Services to communicate and react with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be cautious and exercise care, awareness and good judgment in all interactions with others, especially if you are meeting someone face to face.
Gift Cards and Promotions. You acknowledge that BabyChum does not make any guarantees with respect to your Gift Card amount or balance and is not responsible for any unsolicited access to, or amendments, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used sceptically, fraudulently, or in an otherwise dubious manner. If your Gift Card code stops working, your only option is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were not clear.
We hope this never happens, but if BabyChum gets sued because of something that was caused by you, you agree to defend and indemnify us. That means you’ll safeguard BabyChum (including any of our employees) and hold us harmless from any legal claim or demand (including lawyer’s fees) that arise from your actions, your use (or violation) of our Services, your infringement of the Terms, or your account’s breach of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can accomplish our plan.
If you find yourself in a dispute with another user of BabyChum's Services or a third party, we encourage you to contact the other party directly to try and resolve the disagreement in an amicable manner.
Buyers and Sellers who are unable to resolve a dispute related to a purchase on our website may ask us to step in. BabyChum will attempt to help you resolve any issues in good faith and based solely on our interpretation of our policies, at our sole discretion; we will not make judgments regarding legal issues or claims. BabyChum has no duty to resolve any disputes.
You release BabyChum from any claims, commands, requests and damages arising out of disputes with other users or parties.
Adaptions to the Terms
We may amend, adapt and update these Terms from time to time. If we believe that the changes are concrete, we will let you know by posting the changes through the Services and/or sending you an email about the updates or amendments that have been made. This will give you the opportunity to decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless declared otherwise. You are responsible for reading and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
If you have any questions about the Terms, please email us at firstname.lastname@example.org.
Food, perishable & edible items
Selling food or other perishable items is generally permitted on BabyChum, however there are a number of government regulations that instruct who can produce, package, and sell food. You are required by law to register your food business if you store, sell, distribute or prepare food or drink. It’s free to register, and your registration cannot be refused. You should register at least 28 days before opening. If you’re already trading and have not registered, you need to do this asap.To find out more specific information about food licences please read up to date government guidelines here.
Sellers based in Europe, or those planning to sell to customers there should read the correct laws and guidance here.
Furthermore, be sure to consult Royal Mail and other delivery couriers for specific guidance regarding the delivery of food.
Laws regarding the sale of edible items differ from place to place, so please consult a lawyer or qualified legal professional if you have any queries.
Products that require CE marking
CE marking is a certification mark that shows conformity with health, safety, and environmental protection standards for products sold within the European Economic Area. By placing CE marking on a product you are declaring sole responsibility and conformity with all of the legal requirements to achieve CE marking.
There are a number of commonly sold products that require CE marking as a legal requirement, those include toys, recreational craft and low voltage to name a few. For a full list of products that need CE marking and to ensure your products comply with EU safety, health and environmental requirements please read accurate government guidance here.
Sellers based in the UK or Europe, or those planning to sell to customers in these locations should read the correct guidance here to ensure they are complying with the law.
Cosmetic products sold through BabyChum should meet the required legal safety regulations. They must not be liable to cause damage to human health, when applied under normal conditions of use or under reasonably foreseeable conditions of use. It is a criminal offence to supply cosmetic products which do not comply with the regulations or fail to comply with other related requirements. All businesses dealing in cosmetics, including retailers, wholesalers, importers and manufacturers, are subject to the regulations.
For up to date guidance on cosmetic product rules please read current regulations here. The EU Regulation is enforced by trading standards in the UK by the Cosmetic Products Enforcement Regulations 2013.
Product Safety Compliance
Regulation is an important element in product safety and accident prevention. Sellers need to ensure they are complying with the law and keeping consumers safe. Products should only be sold if their compliance meets the correct product safety regulations.To read accurate and up to date guidance on product safety, please click here.
Product Liability Insurance
We recommend all sellers are protected via their own product liability insurance up to £1,000,000. Product liability insurance protects against claims for personal injury or property damage caused by a product your business designed, sold or supplied through our marketplace.