Terms & Conditions

General Information
Gagababy Ltd, is an Irish Registered Limited Company  ( Registered number 437661)  Vat number 9658804Q
Trading as www.Gagababy.ie.

It is a solely Irish owned and run company. Registered with the Companies Registration Office in Dublin on 10th April 2007.

Our Registered Offices

Unit P1 & P2 ,
North Ring Business Park,
Cloghran, Dublin 9

4th June 2007
                                         
Terms & Conditions of Use

Introduction
This page states the “Terms & Conditions of Use” under which Customers and users (collectively “Users”) may use www.gagababy.ie.

Access to this website and the use of information on it is subject to these Terms & Conditions of Use. You should carefully read them. By proceeding further, you will be deemed to have accepted them.

Definitions
In these Terms & Conditions of Use, the following terms shall have the meanings indicated:-
“Customers/Clients” means a actual or potential customers of this website and who may also purchase goods, products and/or services from or via this website;

“Company” means Gagababy Ltd or www.Gagababy.ie .

“Privacy Policy/ Statement” means our statement of practice as regards the privacy and security of your information when accessing and/or using this website and any of the features hereon; you” means any and all persons accessing or using this website and/or availing of any information and/or services available on or via this website;  “we” and “our” and “us” means the Company.

1    Use of Material / Intellectual Property Rights  

The Company grants a non-exclusive non-transferable, limited personal licence to Users to view and download copies of (i) the publicly accessible material and (ii) the material available from those additional areas of www.gagababy.ie. for User’s personal use in accordance with these Terms & Conditions of Use.

The contents of the Company Site, such as text, trade marks, graphics, photographic and illustrated  images, logos, button icons, software and other material (collectively, “Material”), are protected under European Union, Irish and international copyright, database right, sui generis right, trade mark and other intellectual property laws. As are all Products designed and manufactured by or on behalf of Gagababy Ltd. Except as otherwise provided, all Material is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on theCompany Site is the exclusive property of  Gaga Baby LTD.

Unauthorised use of the Material may violate copyright, trade mark, and other laws. The Company retains all copyright, trade mark, service-mark and other proprietary notices contained in the original Material and any copy Users make of the Material. Users may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public purpose. Except to the extent owned otherwise permitted herein, the use of the Material on any other website or in a networked computer environment for any purpose is prohibited.
Users may not copy or adapt the HTML code that the Company creates to generate its pages. Such HTML code is also protected by the Company’s copyright.

2    Use of the Website
Users may not use any Site in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trade mark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, harassing abusive or hateful.

3    Site Security Rules
Users are prohibited from violating or attempting to violate the security of any Company Site, including, without limitation, (a) accessing data not intended for such party or logging into a server or account which such party is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Company Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing” (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company may investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting parties who are involved in such violations.

The Company is committed to ensuring the privacy of your information and seeking to attain the highest standards of security at all times. However, you should note that messages and information passing over the Internet may not be free from interference by third parties and should be independently verified. You should never disclose data over the Internet in any manner unless you have satisfied yourself as to the security of the related technology/encryption. Please note that the Company cannot guarantee the privacy or confidentiality of information relating to you passing over the Internet. In accessing this website and in availing of any of the services/information available on or via this website, you are deemed by these Terms & Conditions of Use to accept that electronic mail messaging and Internet communication may not be free from interference by third parties and may not remain confidential. The use by you of this website, and any goods, products and services available on or via this website, is at your sole risk.

4    Specific Prohibited Uses
The Company specifically prohibits any use of any Company Site, and all Users agree not to use any Company Site, for any of the following:
Posting any incomplete, false or inaccurate information or information which is not User’s own.
Posting any franchise, pyramid scheme, “club membership,” distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.

Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to interfere with the proper working of any Company Site or any activity being conducted thereon.

Taking any action, which imposes an unreasonable or disproportionately large load this Company Site’s infrastructure.
Disclosing to or sharing a password with any party that is not expressly permitted to use such password, or using a password for any unauthorised purpose.

Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of this Site.
The information on this website is not intended to be provided to and should not be used in any State or jurisdiction of any nature in which access to or use of such information is prohibited, whether in the format in which it is presented on this website or otherwise. If you have any doubts about the legality of your using this website, you should not continue any further.

5    Registration Options  and Password  Security
Registration is not obligatory if you wish to visit  or browse the Site , however to purchase a user must register their details before their first purchase, in order to re-visit the site and purchase in a quicker manner there after.

Users are responsible for maintaining the confidentiality of its information and password(s) assigned to Users (if any). Users shall immediately notify the Company of any unauthorised use of any password of which Users become aware. Users agree to notify the Company promptly after the departure of any person to whom a password was provided and the Company reserves the right to cancel such password and issue a new password in lieu thereof. The Company reserves the right to periodically change issued passwords.

6    Disclaimer of Liability
No member of Gaga Baby Ltd (or any other person involved with the provision and maintenance of this website) takes any responsibility for the accuracy of the information provided on this website. Use of such information is at the User’s sole risk. No member of the Company accepts any liability for any loss or damage of any nature, including but not limited to loss of profits, goodwill, or any other type of financial or other pecuniary or direct or special indirect or consequential loss howsoever arising whether in negligence or for breach of contract or other duty as a result of:
(i) use of this website, including but not limited to any electronic mail messaging and Internet communication that may arise from, in the course of or pursuant to such use; and/or

(ii) reliance on the information contained in this website, whether: (a) downloaded or not; (b) authorised or not.
The Company makes no representation or warranty or undertaking of any kind in relation to the analysis or information contained on this website or the completeness or accuracy of such information.

Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability, which may not otherwise be limited or excluded under applicable law.

Gaga Baby Ltd  will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. The Company will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

Other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out or referred to herein, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

Gaga Baby Ltd  will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:

  • economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or 
  • loss of goodwill or reputation; or 
  • special or indirect losses

suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

The Company total aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product or service in respect of one incident or series of incidents attributable to the same cause and  no event shall exceed €100

This does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
We will take all reasonable precautions to keep the details of your purchase secure but unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

7    Gaga Baby Ltd’s  Liability
The Company is under no legal obligation to, and generally does not, control the information provided by other users which is made available through our  Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. The Company expects that Users will use caution and common sense when using our Site.
The Material may contain inaccuracies or typographical errors. Except and only to the extent expressly provided to the contrary in the Agreement, (i) the Company makes no representations about the accuracy, reliability, completeness, or timeliness of Company Sites or the Material and (ii) changes are periodically made by the Company to Company Sites and may be made by the Company at any time.

8    Deliveries
The greatest possible care will be taken when packaging all your purchases, because we look on each purchase as being a gift to someone special.  We are confident that you will be very happy with the condition that your purchases will arrive to you in. If not, we need to hear about it immediately or otherwise please refer to our Returns policy page. The courier service we use within Ireland allows a maximum of 30kg in weight or volume for the fees we charge.

Please see our Price listing on the delivery Pages within the Customer Services page.

Please ensure that you will be at the delivery address to sign for it.or please consider giving us a work address if you will not be there during the day. Make sure you leave a mobile number so that if you are not there we can contact you. If you are sending it to the recipient of the gift  make sure they are there to receive it and  thus avoiding any disappointment.

For all Ireland Deliveries we use Fastway Couriers, for UK & Europe deliveries we use An Post Registered Post  and both have a full Track and Trace Delivery service.
VAT where relevant, is included in the displayed price (exceptions may apply for overseas purchasers).

9    Returns Policy
If you feel your purchase is not suitable or not the correct size for the recipient,  we will accept it back. Under the following terms:
provided it is in the original packaging and fit for re-sale unworn and un-used.  we will reimburse you the full cost or replace the product (excluding cost of postage and transport). All items you wish to return have to be received by us within 14 days of delivery (i.e. the day after the vouched date of dispatch to you

For your protection and convenience we recommend that you use a recorded delivery service. Please note that you will be responsible for the cost of returning the goods to us under the above circumstances.

10    Damaged Goods
If for any reason goods you receive are not those ordered or are faulty or damaged in some way, please email us within 24 hours of you receiving them and return them unused and in their original packing within 14 days of receipt for exchange or refund.

11    Contract
No contract between GagaBaby ltd and you shall be entered until until Gaga Baby Ltd accepts your order request by email confirming that it has accepted your order request and offer, and has dispatched your order. That acceptance will be deemed complete and will be deemed for all purposes to have been effectively communicated to you at the time Gagababy.ie  sends the email to you (whether or not you receive that email) (i.e. once it leaves the information system of the Company).

12    Prices
The prices listed on the Gagababy.ie website (the “Price”) for our products (the “Products”) will be as stipulated at the time we accept your order request on the website. We are entitled to make adjustments to the Price to take account of any increase in our supplier’s prices, or the imposition of any new taxes or duties, or if due to an error or omission or the Price for the Products on the Website is wrong.

13    Delivery
W aim to deliver the Products to you within 2-5 working days of your order, where this is practical. However, Products are subject to availability and delays may sometimes occur that are outside of our control, such as personalised gifts being ordered. Any dates specified for delivery are therefore approximate only. If delivery is delayed for more than 21 days, you have the right to contact us and refuse to accept the Products. In these circumstances, we will refund any money paid by you for those Products and any delivery monies you have been charged. However, we will not be responsible for any other losses, costs, damages or charges that you may suffer if we delay in supplying or do not supply those Products. At the time of delivery you may be required to validly sign-off on the delivery of the Products, after which time the Products become your sole responsibility.

14    Use and Security  (Our Website)
You are entirely responsible for any and all activities that occur under your Account which is provided to you via Gagababy.ie who host the transactional element of the website. You agree to notify us immediately of any unauthorised use or any other breach of security.

15    Website and Use
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your usage, including the content of your transmissions through the website. All information, designs, drawings, Photographs and illustrations and other specifications provided on the website are the property Gaga Baby Ltd.

16    Website: Advertising
We reserve the right at all times to place advertisements and promotions on the website. Advertisers and sponsors on the website are solely responsible for complying with all local, national, state and international laws (where relevant) and we exclude all liability howsoever caused by them.

17    Claims
When you purchase online, you may have a statutory right to return a product (other than perishable produce or a special order) up to 7 days after your order has been delivered (cooling off period). We can change or cancel an order up until it is dispatched. If the order has been dispatched, you can return the Product to us and we will organise a refund (excluding delivery cost). Any breakages or damage must be reported within 24 hours of purchase/delivery .

18    Safety
If any safety instructions and or Washing instructions are provided with the Products, you agree to read and follow carefully all the terms contained therein at all times. Any information contained on the website is not meant to be comprehensive and if you are inexperienced in using the Products or are unsure of your abilities, you should always seek expert advice and assistance, or contact us directly. We have tested all the products we sell.

19    Specifications
All descriptive matter, drawings, pictures, colours, specifications and advertising on the Website are for the sole purpose of giving an approximate description of the Products and are not be deemed to form any part of the contract (unless explicitly included in writing by the Company). Specifications, colours, etc. may change from time to time.

20    Disclaimer of Warranties
The information contained on or via the website is for information purposes only and, although we have made every effort to ensure the correctness of the information contained herein, the information available through the website is provided “as is” and “as available” and without warranties or conditions of any kind either express or implied. We do not warrant or represent that the use or the results of the use of the materials available through the website or from third parties will be correct, accurate timely, reliable or otherwise. We accept no liability in relation to any of the above other than as may be provided for under your statutory rights.

20    Limitation of Liability
To the fullest extent permitted by applicable law, under no circumstances, including, but not limited to, negligence, shall we be liable to you for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use the website, any changes to the website, any material or data sent or received or not sent or received or for any of the above-mentioned damages that result from the use or inability to use the Products. In no circumstances shall our liability and that of our suppliers to you and/or any third parties for any of the above exceed €100.

21    Proprietary Rights
You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to you by the website, by us, or our advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

22    Modification of Terms
We reserve the right to change the terms of use or policies regarding the use of the website (including, in particular, those relating to price or availability) at any time and to notify you by posting an updated version of the terms of use on the website.

23    Age and Responsibility
To purchase from this Website you must be aged 18 and over. If you are not of 18 years, you may only purchase a product with and under the supervision of a Guardian over that age. You may purchase Gaga Baby Ltd’s products using other means such as at Exhibitions & Retail Outlets where available.

24    Links to Other Sites
Our Site may contain links to third party web sites. These links are provided solely as a convenience to Users and/or other users and not as an endorsement by the Company of the contents on such third-party websites. The Company is not responsible for the content of linked third-party sites and does not make any representations or warranties regarding the content or accuracy of materials on such third party websites. If Users decide to access linked third party websites, Users do so at their own risk.

This website may contain hypertext links to websites not maintained by the Company or any member of the Company Group. Neither the Company any member of the Company Group endorses or represents the reliability, accuracy, or quality of any information, goods, services, or products displayed or advertised on such other websites. No member of the Company Group is or shall be (or be deemed to be) a party to any contract that you may or do enter into with the providers of such goods, services or products. You are reminded that different terms and conditions of use will apply to you as a user of such websites. The Company hereby disclaims any and all liability for the content of such websites and any loss or damage of any nature suffered by you as a result either: (a) of accessing or using such websites; or (b) availing of or acquiring any or all of the goods, services or products advertised or available on or via such websites. The use by you of such websites is at your sole risk.
This website contains hypertext links to websites maintained by members of the Company Group other than the Company. You are reminded that different terms and conditions of use may apply to you as a user of such websites.

No third party is permitted to create a link from another website to this website without our prior written consent.

The Company makes no claims that the Materials may be lawfully viewed or downloaded outside of the Republic of Ireland. Access to the Materials may not be legal by certain persons or in certain countries. If Users access any Company Site from outside of the Republic of Ireland, they does so at its own risk and is solely responsible for compliance with the laws of, or applicable to, its jurisdiction. Jurisdiction for any claims arising under the Agreement, including but not limited to these Terms & Conditions of Use, shall lie exclusively with the Irish Courts and the Terms & Conditions of Use shall be construed in accordance with the law of the Republic of Ireland. If any provision of these Terms & Conditions of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms & Conditions of Use, which shall remain in full force and effect. No waiver of any term of these Terms & Conditions of Use shall be deemed a further or continuing waiver of such term or any other term.

25    Disclaimer as to Accuracy of Information
Care has been taken in the preparation of the information contained on this website. However, we do not make any representations or warranties as to the accuracy of the information contained or reproduced on this website.

26    Not an Offer or Solicitation
The information contained on this Website is not intended to nor does it constitute an offer or solicitation of services

27    Amendments
The contents of this website, including these Terms & Conditions of Use, any information contained on this website and the Company’s Privacy Statement are subject to change and to being updated without notice from time to time..

28    Copying
The information contained on this website may not be copied, transmitted, amended or reproduced in any form whatsoever without the prior written consent of the Company.

29    Privacy Statement
The Company will use your personal data in the manner set out in its Privacy Statement. However, in the event of a conflict between the Privacy Statement and these Terms & Conditions of Use, the Terms and Conditions of Use shall prevail.

Miscellaneous

30    General
We shall not be liable for any failure to perform any of our obligations under these terms and conditions which is caused by circumstances beyond our reasonable control including, but not limited to any force majeure incident. Our failure to exercise or enforce any right or provision of the terms of use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in the terms of use are solely used for the convenience of the parties and have no legal or contractual significance.

31    Termination
We may terminate and/or suspend the website, with or without cause and at any time, without notice and effective immediately. In addition, we, in our sole discretion, may terminate your account for violation of the letter or spirit of these terms and conditions and/or at our sole and absolute discretion and without giving reason.

32    Jurisdiction and Governing Law
The terms of use shall be governed by and construed fully in accordance with the laws of the Republic of Ireland. You and we agree to submit to the exclusive jurisdiction of the courts located in Ireland. If any provision(s) or part thereof of the terms of use is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.

Use in the Republic of Ireland Only
The Website is controlled and operated by Gaga Baby Ltd from it’s premises in Ireland.. The company cannot guarantee that the Website and the Products or Services offered thereon complies with or is appropriate for use in other jurisdictions and makes no representation that the Site is appropriate or suitable for use in other countries other them Ireland. If you choose to access the Website from other locations outside of Ireland, you are responsible for compliance with local laws if and to the extent local laws are applicable.