Terms of service

OVERVIEW

Welcome to Besito Baby! Throughout these Terms of Service, the terms "we," "us," and "our" refer to Besito Baby. Besito Baby operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a tailored shopping experience (the "Services"). Besito Baby is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively, these "Terms"), describe your rights and responsibilities when using the Services.

Please read these Terms carefully, as they contain important information about your legal rights, including disclaimers and limitations of liability.

By accessing, browsing, or using our Services, you agree to be bound by these Terms and by our Privacy Policy [LINK]. If you do not agree to these Terms or the Privacy Policy, you must not access or use our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any minor dependents to use the Services on devices that you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing address, shipping address, and payment details. You represent and warrant that all information you provide is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have made every effort to display our products and services as accurately as possible in our online store. However, please note that the colours and appearance of products may differ from how they appear on your screen due to the type of device you use and your device's settings and configuration.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or exactly match the images displayed in our online store.

All product descriptions are subject to change at any time without prior notice and at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you are making an offer to purchase. Besito Baby reserves the right to accept or reject your order at its sole discretion and for any reason. Your order is not accepted until Besito Baby confirms its acceptance. We must receive and successfully process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may not be able to process cancellation requests once an order has been accepted.

If we do not accept, modify, or cancel your order, we will make reasonable efforts to notify you using the email address, billing address, and/or telephone number provided when placing the order.

Products may only be returned or exchanged in accordance with our Refund Policy [LINK].

You represent and warrant that all purchases are made for your own personal or household use and not for commercial resale or export.

 

SECTION 4 – PRICING AND BILLING

Prices, discounts, and promotions are subject to change without prior notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, all prices exclude taxes, shipping and handling fees, and any customs duties or import charges.

Prices displayed in our online store may differ from prices offered in physical stores or other online stores operated by third parties. We may occasionally offer promotions through the Services that are subject to separate terms and conditions. In the event of any conflict between the terms of a promotion and these Terms, the promotional terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store. You further agree to promptly update your account and other information, including your email address, payment card details, and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that: (i) the payment information you provide is true, accurate, and complete; (ii) you are duly authorized to use the payment method provided; (iii) all charges incurred by you will be honoured by your payment provider; and (iv) you will pay all charges incurred at the prices in effect, including shipping costs, handling fees, and any applicable taxes.


SECTION 5 – SHIPPING AND DELIVERY

We are not liable for any delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance procedures, or events beyond our reasonable control.

Title to and risk of loss for products pass to you once we have delivered the products to the shipping carrier.

 

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by Besito Baby, its affiliates, or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws.

These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.

Except as expressly provided in these Terms, nothing contained herein grants you any licence or other rights under any patent, trademark, copyright, or other intellectual property rights of Besito Baby, Shopify, or any third party. Any unauthorized use of the Services may violate intellectual property laws.

All rights not expressly granted herein are reserved by Besito Baby.

The names, logos, product names, service names, designs, and slogans of Besito Baby are trademarks of Besito Baby or its licensors. You may not use such trademarks without our prior written permission.

The Shopify name, logo, product names, service names, designs, and slogans are trademarks of Shopify. All other trademarks displayed through the Services are the property of their respective owners.

 

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control or input.

You acknowledge and agree that such tools are provided "as is" and "as available", without warranties, representations, conditions, or endorsements of any kind. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Services is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party providers.

We may also introduce new features, tools, or services in the future. Such new features and services shall also be subject to these Terms.

 

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials or hyperlinks to websites operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites.

If you choose to leave our Services to access third-party websites or materials, you do so entirely at your own risk.

We are not liable for any damage or loss arising from your access to, purchase from, or use of any third-party websites, products, services, resources, or content.

Please review the policies and practices of any third party carefully before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the relevant third party.

 

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Besito Baby is powered by Shopify, enabling us to provide the Services to you. However, all purchases made through our online store are entered into directly between you and Besito Baby.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any transaction between you and Besito Baby, including any injury, damage, or loss arising from products or services purchased through our store.

You hereby expressly release Shopify and its affiliates from any and all claims, damages, or liabilities arising out of or relating to your purchases or transactions with Besito Baby.

 

SECTION 10 – PRIVACY POLICY

Any personal information we collect through the Services is governed by our Privacy Policy, which can be viewed here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, which can be viewed here [LINK]. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information relating to your access to and use of the Services in order to provide and improve the Services. Information submitted through the Services may be transferred to and shared with Shopify and third parties located in countries other than your own for the purpose of providing the Services.

Please review our Privacy Policy [LINK] for more information about how we, Shopify, and our partners use your personal information.

 

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, reviews, proposals, comments, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, transferable, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes.

For example, we may use Feedback to operate, evaluate, improve, and promote the Services and to fulfil our obligations and exercise our rights under these Terms.

You further represent and warrant that:

  • you own or otherwise control all rights in the Feedback;
  • you have disclosed any compensation or incentives received in connection with the Feedback; and
  • your Feedback complies with these Terms.

We are under no obligation to:

  1. maintain any Feedback in confidence;
  2. compensate you for any Feedback; or
  3. respond to any Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, pornographic, or otherwise objectionable, or that violates any intellectual property rights or these Terms.

You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain unlawful, abusive, defamatory, obscene, or malicious material, including computer viruses or malware that may affect the operation of the Services or any related website.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback.

You are solely responsible for any Feedback you submit and for its accuracy. We assume no responsibility or liability for Feedback posted by you or any third party.

 

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability.

We reserve the right to correct any errors, inaccuracies, or omissions and to change, update, or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been submitted.

 

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes.

You may not access or use the Services, directly or indirectly:

  • for any unlawful or malicious purpose;
  • to violate any applicable laws or regulations;
  • to infringe upon our intellectual property rights or those of others;
  • to harass, abuse, insult, harm, defame, intimidate, or discriminate against any person;
  • to submit false or misleading information;
  • to upload or transmit material that violates these Terms;
  • to send unsolicited promotional material, including spam or chain letters;
  • to impersonate another person or entity; or
  • to engage in any conduct that restricts or interferes with another person's use of the Services or may expose Besito Baby, Shopify, or other users to liability.

You also agree not to:

  • upload or transmit viruses or malicious code;
  • reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services;
  • collect or track the personal information of others;
  • engage in phishing, spamming, scraping, or similar activities;
  • use robots, spiders, AI agents, automated systems, or other technologies to access, monitor, scrape, or interact with the Services;
  • bypass, disable, or interfere with security features or other access restrictions.

We reserve the right to suspend or terminate your account immediately, without notice, if we determine that you have violated these Terms.

 

SECTION 14 – AGENTS

14.1

This section ("Agent Terms") applies if you use, authorize, enable, or permit an Agent to access, use, or interact with the Services.

An "Agent" means any software or service that acts autonomously or semi-autonomously on behalf of an individual or organisation and may operate on a person's device without direct supervision.

14.2

An Agent may access or interact with the Services only if it clearly identifies itself at all times and complies fully with the requirements set out in Section 14.4.

An Agent may not access or interact with the Services if we have instructed that Agent not to do so.

14.3

We may restrict, including through technical measures, whether and how an Agent may access, use, or interact with the Services.

14.4

Agents must:

  • identify themselves in every HTTP/HTTPS request by including "Agent/[Agent Name]" in the User-Agent header;
  • not conceal or disguise that interactions originate from an Agent, including by imitating human behaviour or bypassing CAPTCHA systems;
  • answer truthfully when asked whether interactions originate from a human or an automated system; and
  • not circumvent or interfere with measures intended to regulate or restrict Agent access to the Services.

 

SECTION 15 – TERMINATION

We may terminate this agreement or your access to all or part of the Services at any time, at our sole discretion and without prior notice.

You remain responsible for all outstanding obligations incurred before termination.

The following provisions shall survive termination:

  • Intellectual Property
  • Feedback
  • Disclaimer of Warranties
  • Limitation of Liability
  • Indemnification
  • Severability
  • Waiver
  • Entire Agreement
  • Assignment
  • Governing Law
  • Privacy Policy
  • and any other provisions which by their nature should survive termination.

 

SECTION 16 – DISCLAIMER OF WARRANTIES

The information provided through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is entirely at your own risk.

EXCEPT AS EXPRESSLY STATED BY BESITO BABY, THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE OFFERED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT.

We do not warrant that your use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not permit certain warranty exclusions. Therefore, some of the above exclusions may not apply to you.

 

SECTION 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BESITO BABY, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF SAVINGS, OR REPLACEMENT COSTS, ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Besito Baby, Shopify, and their affiliates, directors, officers, employees, agents, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  1. your breach of these Terms;
  2. your violation of any applicable law or the rights of any third party; or
  3. your access to or use of the Services.

We will notify you of any claim subject to indemnification, provided that any failure to give prompt notice shall not relieve you of your obligations unless you are materially prejudiced.

We reserve the right to assume the exclusive defence and settlement of any such claim at your expense. You agree to cooperate fully in the defence of any such claim.

SECTION 19 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid, or unenforceable, that provision shall nevertheless be enforced to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of the remaining provisions.

 

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with any policies or operating rules posted by us on this website or relating to the Services, constitute the entire agreement between you and Besito Baby regarding your use of the Services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, including any previous versions of these Terms.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

SECTION 21 – ASSIGNMENT

You may not assign, transfer, delegate, or otherwise dispose of this agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.

We may assign, transfer, or delegate these Terms, in whole or in part, without your consent or prior notice.

 

SECTION 22 – GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes arising out of or relating to these Terms shall be submitted exclusively to the competent courts of Amsterdam, the Netherlands.

 

SECTION 23 – HEADINGS

The section headings used in these Terms are included for convenience only and shall not affect the interpretation of these Terms.

 

SECTION 24 – CHANGES TO THESE TERMS

You can review the most current version of these Terms at any time on this page.

We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms by posting changes on our website.

It is your responsibility to check this page periodically for updates.

Where required by applicable law, we will notify you of any material changes before they take effect.

Your continued use of the Services after any changes become effective constitutes your acceptance of the revised Terms.

 

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

frederiqueotten@gmail.com

Our contact details are:

Besito Baby B.V.
Overtoom 6-1
1054 HH Amsterdam
The Netherlands

Telephone: +31 6 1249 9377

Chamber of Commerce (KvK): 42042081

VAT Number: NL869441164B01