1.1. “Babies Touch” is the trading name for the Babies Touch group companies Each Babies Touch group company (“Babies Touch” or “we”) operates an e-commerce platform consisting of a website and mobile application (“marketplace”) together with supporting IT logistics and payment infrastructure for the sale and purchase of consumer products and services (“products”) in its allocated territory. 

1.2. These general terms and conditions shall apply to buyers and sellers on the marketplace and shall govern your use of the marketplace and related services.

1.3. By using our marketplace you accept these general terms and conditions in full. If you disagree with these general terms and conditions or any part of these general terms and conditions you must not use our marketplace.

1.4. If you use our marketplace in the course of a business or other organizational project then by so doing you:

• • 1.4.1. Confirm that you have obtained the necessary authority to agree to these general terms and conditions;
  • 1.4.2. bind both yourself and the person company or other legal entity that operates that business or organizational project to these general terms and conditions; and
  • 1.4.3. agree that you in these general terms and conditions shall reference both the individual user and the relevant person company or legal entity unless the context requires otherwise.

2.1.  You may not register with our marketplace if you are under 18 years of age (by using our marketplace or agreeing to these general terms and conditions you warrant and represent to us that you are at least 18 years of age).

2.2. If you register for an account with our marketplace you will be asked to provide an email address/user ID and password and you agree to:

• • 2.2.1. keep your password confidential;
  • 2.2.2. Notify us in writing immediately (using our contact details provided at section 26) if you become aware of any disclosure of your password; and
  • 2.2.3. be responsible for any activity on our marketplace arising out of any failure to keep your password confidential and that you may be held liable for any losses arising out of such a failure.
  • 2.2.4. Your account shall be used exclusively by you and you shall not transfer your account to any third party. If you authorize any third party to manage your account on your behalf this shall be at your own risk.
  • 2.2.5. We may suspend or cancel your account and/or edit your account details at any time in our sole discretion and without notice or explanation providing that if we cancel any products or services you have paid for but not received and you have not breached these general terms and conditions we will refund you in respect of the same.
  • You may cancel your account on our marketplace by contacting us

3.1. You acknowledge and agree that:

• • • 3.1.1. the marketplace provides an online location for sellers to sell and buyers to purchase products;
    • 3.1.2. we shall accept binding sales on behalf of sellers but (unless Babies touch is indicated as the seller) Babies touch is not a party to the transaction between the seller and the buyer; and
    • 3.1.3. a contract for the sale and purchase of a product or products will come into force between the buyer and seller and accordingly you commit to buying or selling the relevant product or products upon the buyer’s confirmation of purchase via the marketplace.

• 3.2. Subject to these general terms and conditions the seller’s terms of business shall govern the contract for sale and purchase between the buyer and the seller. Notwithstanding this the following provisions will be incorporated into the contract of sale and purchase between the buyer and the seller:

• • 3.2.1. the price for a product will be as stated in the relevant product listing;
  • 3.2.2. the price for the product must include all taxes and comply with applicable laws in force from time to time;
  • 3.2.3. delivery charges packaging charges handling charges administrative charges insurance costs other ancillary costs and charges where applicable will only be payable by the buyer if this is expressly and clearly stated in the product listing; and delivery of digital products may be made electronically;
  • 3.2.4. products must be of satisfactory quality fit and safe for any purpose specified in and conform in all material respects to the product listing and any other description of the products supplied or made available by the seller to the buyer; and
  • 3.2.5. in respect of physical products sold the seller warrants that the seller has good title to and is the sole legal and beneficial owner of the products and/or has the right to supply the products pursuant to this agreement and that the products are not subject to any third party rights or restrictions including in respect of third party intellectual property rights and/or any criminal insolvency or tax investigation or proceedings; and in respect of digital products the seller warrants that the seller has the right to supply the digital products to the buyer.