Terms & Conditions
These terms and conditions ('the Terms') govern the users ('you' or 'your') use of the website Babor.se ('the Website') and your relationship with:
DR.BABOR GMBH&CO.KG (trading as Babor.se) whose registered office is at Neuenhofstraße 180, 52078 Aachen, Germany ('we', 'our', or 'us') and
The Hut.com Limited, a limited company registered in England and Wales under company number 05016010 with registered office address and main trading address at 5th Floor, Voyager House, Chicago Avenue, Manchester Airport, M90 3DQ (our service provider/merchant of record) (‘THG’), who is your contractual partner in case you purchase goods via the Website for payment and for delivering the goods to you.
Please read them carefully as they affect your rights and liabilities under law. If you do not agree to these Terms, please do not access nor use the Website. If you have any queries regarding these Terms then please contact us.
By using the Website, you agree to be bound by these Terms.
We reserve the right to:
update these Terms from time to time and any changes will be notified to you via a suitable announcement on the Website. It is your responsibility to check for such changes. The changes will apply to the use of the Website after we have given such announcement. If you do not wish to accept the new Terms you should not continue to use the Website. If you continue to use the Website after the date on which the change comes into effect, your use of the Website indicates your agreement to be bound by the new Terms; and modify or withdraw, temporarily or permanently, this Website and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website or its contents.
You warrant that:
the personal information which you are required to provide when you register is true, accurate, current and complete in all respects; and you are not impersonating any other person or entity
The products purchased on this site are for private and domestic use only and are not for re sale. You will notify our service provider THG immediately of any changes to the personal information by e-mailing or telephoning our customer service representatives at:
e-mail address: firstname.lastname@example.org
tel: +44 (0)161 813 1481
5. Protecting Your Security
To ensure that your credit, debit or charge card is not being used without your consent, THG will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases.
We take the risk of internet fraud very seriously. With the volume of fraudulent credit card transactions increasing, we make every effort to ensure all orders are thoroughly checked by THG using the information already supplied. There is a possibility THG may contact you to make additional security checks and ask for your co-operation. Fraudulent transactions will not be tolerated, and such transactions will be reported to the relevant authorities.
By accepting these terms and conditions you consent to such checks being made. In performing these checks personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 2018.
The Website may only be used for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes and regulations regarding the Website and its use. You agree not to upload or transmit through the Website:
any computer viruses or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; and any material which is defamatory, offensive or of an obscene character
You agree to fully indemnify, defend and hold us, and our officers, directors, employees, suppliers and THG, harmless immediately on demand, from and against all claims, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you, or any other liabilities arising out of your use of this Website or any other person accessing the Website using your personal information.
8. Third Party Links
As a convenience to our customers, the Website may include links to other websites or material which is beyond our control. For your information, we are not responsible for such websites or material nor do we review or endorse them. We will not be liable, whether directly or indirectly, for the privacy practices or content of such websites nor for any damage, loss or offence caused or alleged to be caused in connection with, the use of or reliance on any such advertising, content, products, materials or services available on such external websites or resources.
All orders are subject to acceptance and availability. If the goods ordered are not available, you will be notified by e-mail (or by other means if no e-mail address has been provided) and you will have the option either to wait until the item is available from stock or to cancel your order.
Any orders placed by you will be treated as an offer to purchase the goods or services and we and THG have the right to reject such offers at any time. You acknowledge that any automated acknowledgment of your order which you may receive from THG shall not amount to an acceptance of your offer to purchase goods or services advertised on the Website. The conclusion of a contract between you and THG will take place when THG (i) debits your credit, debit card or PayPal account or (ii) dispatches the goods to you or commence the services, whichever is the later.
THG will take all reasonable care, in so far as it is in its power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our or THG’s part neither we nor THG cannot be liable for any loss you may suffer if a third party procures unauthorised access to any data provided by you when accessing or ordering from the Website.
You will assume the risk for the products once they have been delivered to the delivery address which you specified when ordering the products. Neither we nor THG accept no liability where you provide an incorrect delivery address or where you fail to collect the products from the delivery address which you specified. Notwithstanding that risk of loss or damage to the products only passes to you once they have been delivered to the delivery address, ownership of the products shall pass to you on the later of: (a) the products being dispatched by THG; and (b) THG receiving payment in respect of the same.
10. Cancellation Rights
Where you have purchased the goods or services as a consumer (i. e. for private use as opposed to business use), please note that you are entitled to cancel any contract completed with THG within 14 days from the day on which you acquire physical possession of the goods.
If you wish to cancel a contract pursuant to this clause, then please see our Returns Policy for further details of how.
11. Price and Payment
All prices shown are inclusive of VAT (only where applicable - see below) at the current rates and are correct at the time of entering the information onto the system. However, the right of price changes at any time is reserved without notice to you.
If, for any reason, your order is dispatched from outside the European Union: for legal purposes you are the importer of the goods and are responsible for any import formalities as well as any duties, tariffs, or taxes which may be charged by any customs authority. However, in these situations THG has already collected these amounts from you as part of your purchase price meaning that you will not pay more than you see at checkout.
By agreeing to these terms, you hereby authorise THG to appoint their designated carrier(s) to carry out any required customs formalities on your behalf, including payment of any duties, tariffs, or taxes to the appropriate customs authority. The designated carrier will deliver the goods to you in addition to carrying out the customs formalities on your behalf. These customs formalities will be carried out in different countries depending on the country in which your delivery address belongs, and the carrier used.
Payment can be made by any major credit or debit card or via your PayPal account. Payment will be debited and cleared from your account before the dispatch of your good or provision of the service to you. If payment is to be made via a credit card a pre-auth value of 0,01 SEK will be held against the card until the card issuer validates the payment.
In the unlikely event that the price shown on the checkout page is wrong, and we discover this before accepting your order in accordance with clause 9, we are not required to sell the goods to you at the price shown. We always try and ensure that the prices of goods shown on our Website are accurate, but occasionally genuine errors may occur. If we discover an error in the price of the goods that you have ordered, we will let you know as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If you cancel your order and you have already paid for the goods, then you will receive a full refund.
You confirm that the credit, debit card or PayPal account that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
If your credit or debit card payment is not processed successfully for any reason, we, through THG reserve the right to reattempt to process payment within 48 hours. In the event that the payment is still unsuccessful, we through THG will give you at least 48 hours’ notice in advance of any further reattempt to process payment by sending an email to the email address you have provided in the registration process. If you do not want us to reattempt to process payment, you must cancel your order in advance.
You may only use one discount code with each order. THG reserves the right to reject or cancel any orders where you add more than one discount code to the basket.
You are allowed to use discount codes strictly on the terms and conditions upon which they were issued which, amongst other things, may include terms relating to your eligibility to use them and a maximum order value.
Please familiarise yourself with these terms and conditions before you place an order as THG reserves the right to reject or cancel any orders which do not comply with these terms even if your credit or debit card has been charged. If there is any inconsistency between the terms and conditions upon which the discount codes were issued and these terms and conditions, the discount code terms and conditions prevail. A copy of the discount code terms and conditions can be obtained by mailing or telephoning our customer service representatives at:
e-mail address: email@example.com
Tel: +44 (0)161 813 1481
Customs clearance responsibilities for EU delivery addresses
12. Eligibility to Purchase
To be eligible to purchase goods on this Website and lawfully enter into and form contracts on this Website under English law you must:
if an individual, be 18 years of age or over; and register your real name, address, phone number, e-mail address any other details requested.
By offering to purchase goods and services you represent to us and THG that you are 18 years of age or over and authorise us and THG to transmit information (included updated information) to obtain information from third parties, including but not limited to, your debit or credit card numbers or credit reports to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
13. Intellectual Property
The content of the Website is protected by copyright, trademarks, database and other intellectual property rights and you acknowledge that the material and content supplied as part of the Website shall remain with us or our licensors.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
14. Limitation of Liability
Not withstanding any other provision in the Terms, nothing in these Terms:
affect or limit your rights as a consumer under English law; or will exclude or limit our and/or THG’s liability for death or personal injury resulting from our and/or THG’s negligence.
The Website is provided on an 'as is' and 'as available' basis without any representation or endorsement made and neither we nor THG make warranties, whether express or implied, in relation to it and its use. You acknowledge that neither we nor THG cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the Internet.
Whilst we will try to ensure that material included on the Website is correct, reputable and of high quality, we cannot accept responsibility if this is not the case. Neither we nor THG will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website. If we are informed of any inaccuracies in the material on the Website, we will attempt to correct this as soon as we reasonably can.
In particular we disclaim all liabilities in connection with the following:
incompatibility of the Website with any of your equipment, software or telecommunications links;
technical problems including errors or interruptions of the Website;
unsuitability, unreliability or inaccuracy of the Website; and
failure of the Website to meet your requirements.
To the full extent allowed by applicable law, you agree that we will not be liable to you or any third party for any consequential or incidental damages (both of which terms includes, without limitation, pure economic loss, loss of profits, loss of business, loss of anticipated savings, wasted expenditure, loss of privacy and loss of data) or any other indirect, special or punitive damages whatsoever that arise out of or are related to the Website.
If any part of the Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No waiver by us nor THG shall be construed as a waiver of any proceeding or succeeding breach of any provision.
17. Entire Agreement
These Terms form the entire basis of any purchase agreement reached between you and THG.
18. Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of England and Wales and any disputes will be decided only by the English courts.