Terms of service
Welcome to Babynes.com. BabyNes, a division of Gerber Products Company, ("BabyNes") provides website features and other products and services to you when you visit or shop at Babynes.com, use BabyNes products or services, use BabyNes applications for mobile, or use software provided by BabyNes in connection with any of the foregoing (collectively, "BabyNes Services"). BabyNes provides the BabyNes Services subject to the following conditions:
By using BabyNes Services, you agree to these conditions. Please read them carefully. We offer a variety of BabyNes Services, and sometimes additional terms may apply. When you use a BabyNes Service (for example a BabyNes mobile application) you also will be subject to the guidelines, terms and agreements applicable to that BabyNes Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
Please review our Privacy Notice, which also governs your use of BabyNes Services, to understand our practices.
When you use any BabyNes Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other BabyNes Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any BabyNes Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are the property of Gerber Products Company or its affiliated companies or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any BabyNes Service is the exclusive property of BabyNes and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any BabyNes Service are trademarks or trade dress of BabyNes in the U.S. and other countries. BabyNes's trademarks and trade dress may not be used in connection with any product or service that is not BabyNes's, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits BabyNes. All other trademarks not owned by BabyNes that appear in any BabyNes Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by BabyNes.
One or more patents owned by BabyNes apply to the BabyNes Services and to the features and services accessible via the BabyNes Services. Portions of the BabyNes Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, BabyNes or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the BabyNes Services. This license does not include any resale or commercial use of any BabyNes Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any BabyNes Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by BabyNes or its licensors, suppliers, publishers, rights holders, or other content providers. No BabyNes Service, nor any part of any BabyNes Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of BabyNes. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BabyNes without express written consent. You may not use any meta tags or any other "hidden text" utilizing BabyNes's name or trademarks without the express written consent of BabyNes. You may not misuse the BabyNes Services. You may use the BabyNes Services only as permitted by law. The licenses granted by BabyNes terminate if you do not comply with these Conditions of Use or any Service Terms.
If you use any BabyNes Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and/or electronic devices, and you agree to accept responsibility for all activities that occur under your account or password. BabyNes does sell products intended for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the BabyNes Services only with involvement of a parent or guardian. BabyNes reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
BABYNES Wi-Fi ENABLED MACHINE
To set up and connect your machine to your MyBabyNEs account, you are using your own Wi-Fi network. Although the Wi-Fi functionality of the Machine BabyNes meets current IT security standards, your information security depends on the degree of your Wi-Fi network security level. Gerber cannot be held responsible for any information loss, connection interruption or alteration of your computer system or any other direct or indirect damages related to the use of Wi-Fi enabled Machine.
REVIEWS, COMMENTS, AND OTHER CONTENT
Visitors may post reviews, ratings and submit suggestions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. BabyNes reserves the right (but not the obligation) to remove or publish such content, but does not regularly review posted content.
SUBMISSON OF CONTENT TO THE SERVICE:
If you do post content or submit material, and unless we indicate otherwise, you grant BabyNes a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BabyNes and its sub licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify BabyNes for all claims resulting from content you supply. BabyNes has the right but not the obligation to monitor and edit or remove any activity or content. BabyNes takes no responsibility and assumes no liability for any content posted by you or any third party.
You also agree that:
• All Content you submit is accurate, reflects your true opinion, and is based upon your actual experience with the product being reviewed;
• You are 18 years of age or older
• If you have received a sample or any compensation in exchange of your submission, you have to disclose it when posting the review.
By submitting your email address in connection with your rating and review, you agree that BabyNes_, and its third party service providers may use your email address to contact you about the status of your review and other administrative purposes.
RISK OF LOSS
All items purchased from BabyNes are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
BabyNes attempts to be as accurate as possible. However, BabyNes does not warrant that product descriptions or other content of any BabyNes Service is accurate, complete, reliable, current, or error-free. If a product offered by BabyNes itself is not as described, please refer to our General Sales Terms for return policy.
With respect to items sold by BabyNes, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by BabyNes is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. Other merchants may follow different policies in the event of a mispriced item.
We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE BABYNES SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BABYNES SERVICES ARE PROVIDED BY BABYNES ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. BABYNES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE BABYNES SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BABYNES SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE BABYNES SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BABYNES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BABYNES DOES NOT WARRANT THAT THE BABYNES SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE BABYNES SERVICES, BABYNES'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM BABYNES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BABYNES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY BABYNES SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY BABYNES SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Any dispute or claim relating in any way to your use of any BabyNes Service, or to any products or services sold or distributed by BabyNes or through BabyNes.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent Corporation Service Company, 830 Bear Tavern Road, West Trenton, NJ 08628. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, BabyNes will not seek attorneys' fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any BabyNes Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Michigan, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and BabyNes.
The BabyNes products, materials, offers, and information appearing on this site are intended for U.S. customers. This site is controlled by Gerber Products Company from its offices in Florham Park, New Jersey, United States. Gerber makes no representation that materials on this site are appropriate or available for use in other locations.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern your use of BabyNes Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Gerber Products Company
12 Vreeland Road,
Florham Park NJ 07932
HOW TO SERVE A SUBPOENA
If you have a subpoena to serve on BabyNes, please note that BabyNes does not accept service via e-mail or fax and will not respond to the subpoena. All subpoenas must be properly served on BabyNes.com, preferably by mailing the subpoena to Corporation Service Company (CSC), BabyNes's national registered agent. Please find below the New Jersey address for CSC (the CSC office in your jurisdiction may be located through the Secretary of State's website):
Corporation Service Company
c/o Gerber Products Company
830 Bear Tavern Road
West Trenton, NJ 08628
Attn: Legal Department – Subpoena
Please note also that providing detailed and accurate information at the outset will facilitate efficient processing of your request. That information will include, for example, e-mail and/or credit card number used to make purchases for retail purchase information; the name, e-mail, and physical address of a seller for seller information; serial number for your BabyNes machine, etc.
ADDITIONAL BABYNES SOFTWARE TERMS
1. Use of the BabyNes Software. You may use BabyNes Software solely for purposes of enabling you to use and enjoy the BabyNes Services as provided by BabyNes, and as permitted by the Conditions of Use, these Software Terms and any Service Terms. You may not incorporate any portion of the BabyNes Software into your own programs or compile any portion of it in combination with your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the BabyNes Software or otherwise assign any rights to the BabyNes Software in whole or in part. You may not use the BabyNes Software for any illegal purpose. We may cease providing any BabyNes Software and we may terminate your right to use any BabyNes Software at any time. Your rights to use the BabyNes Software will automatically terminate without notice from us if you fail to comply with any of these Software Terms, the Conditions of Use or any other Service Terms. Additional third party terms contained within or distributed with certain BabyNes Software that are specifically identified in related documentation may apply to that BabyNes Software (or software incorporated with the BabyNes Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any BabyNes Service is the property of BabyNes or its software suppliers and protected by United States and international copyright laws.
3. No Reverse Engineering. You may not, and you will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the BabyNes Software, whether in whole or in part, or create any derivative works from or of the BabyNes Software.
4. Updates. In order to keep the BabyNes Software up-to-date, we may offer automatic or manual updates at any time and without notice to you.
5. Export Regulations; Government End Users. You must comply with all export and re-export restrictions and regulations of the Department of Commerce and other United States agencies and authorities that may apply to the BabyNes Software. If you are a U.S. Government end user, we are licensing the BabyNes Software to you as a "Commercial Item" as that term is defined in the U.S. Code of Federal Regulations (see 48 C.F.R. § 2.101), and the rights we grant you to the BabyNes Software are the same as the rights we grant to all others under these Conditions of Use.
Terms of Sales
Applicability of General Sales Terms
Each order placed with BabyNes, a division of Gerber Products Company, or any of its affiliated companies (“BabyNes”) by means of the Internet shall be governed by the present General Conditions of Sale. They shall apply to the exclusion of all other conditions. By placing an order, you acknowledge that you have read, understood and accepted, without reserve, the present General Conditions of Sale.
BabyNes reserves the right, at any time, to modify the present General Conditions of Sale by posting a new dated version on this website. By placing an order after BabyNes has posted a new version of its General Conditions of Sale, you agree to be bound by that updated version.
When you register on this website, you must ensure that the mandatory registration information you provide is correct and complete. Please inform BabyNes about changes of address or other modifications by updating your personal details on this website without delay.
When registering to use this website, you will be asked to create a password. You must keep this password strictly confidential and not disclose it or share it with anyone. You are fully responsible for the use of your password and any orders placed under it, even without your knowledge. If you know or suspect that someone else knows or has used your password, you should take immediate steps to reset your password and notify BabyNes immediately.
By placing an order through this website, you make an offer to purchase the products you have selected under these General Conditions of Sale. Orders you place with BabyNes on this website are subject to minimum and maximum quantity limitations. BabyNes offers its products on this website within the limits of its available stocks.
The order you place on this website will not constitute a binding contract unless and until BabyNes transmits a confirmation by e-mail. BabyNes reserves the discretionary right to refuse orders, notably in relation to creditworthiness or unpaid invoices. The data registered by BabyNes constitutes full proof of the order and the entire transaction. The data registered by the payment system constitutes full proof of the financial transactions.
The prices payable for the items you order are those displayed on this website on the date you place your order, but excluding applicable taxes and delivery charges. Delivery charges will be billed at the rates indicated on this website on the date you place your order, calculated notably in function of the size of the order and the delivery method you select. BabyNes reserves the right to modify its prices and delivery charges at any time and to cancel a contract in case of writing, printing or calculation errors.
All orders confirmed by BabyNes will be delivered to the delivery address you specify when placing your order. BabyNes does its utmost to ensure deliveries within two working days after receipt of an order.
Deliveries can only be made to the countries specified on this website.
Verification of Merchandise
It is your responsibility to verify the quantity and condition of the merchandise upon delivery. In case you observe damage or missing items, you must notify and file claim with the carrier and inform BabyNes within 7 days after the delivery. BabyNes shall in such a case provide you with identical replacement merchandise.
You have the right to return any merchandise (except machines; see 90-day money-back guarantee) that does not suit you within 30 days after purchase. A return authorization needs to be obtained from BabyNes prior to returning the merchandise. BabyNes will only accept returns of merchandise in their original condition and packaging accompanied by the invoice. When returns are properly completed, BabyNes shall reimburse the price of the returned merchandise and the invoiced delivery charges within a maximum of 30 days upon receipt of the returned merchandise. The return postage will be at your charge.
90-day money-back guarantee
You have the right to return your machine purchased from BabyNes within 90 days after receipt of the first capsule order. A return authorization needs to be obtained from BabyNes prior to returning the merchandise. We will only accept returns of merchandise in their original condition and packaging accompanied by the invoice. When returns are properly completed, BabyNes shall reimburse the price of the machine and any unused, unopened capsule boxes with a maximum of 30 days upon reception of the returned merchandise with free return shipping.
Payment by credit card is immediately due and payable when you place your order. Your credit card details will be encrypted for security purposes. BabyNes will process the payment for the entire amount due on the order at the time the order is confirmed. By placing an order you agree that you have the necessary authorizations for the payment of your order. BabyNes reserves the right to suspend or cancel any order and/or delivery, whatever its nature or state of execution, in the event of non-payment of any sum due by you or in the event of a payment irregularity. BabyNes reserves the right to request a photocopy of a piece of ID of the Buyer for any credit card payment. Within the framework of the fight against Internet fraud, information concerning your order may be forwarded to third parties for verification.
Machines purchased on this website are guaranteed by the machine manufacturer pursuant to the specific terms and conditions listed in the original product documentation. Please consult your product documentation for detailed information on the manufacturer's warranty, which is without prejudice to any of your imperative statutory legal rights.
If you encounter any problems or have any questions concerning the functioning, maintenance or after-sales service of your machine, please contact BabyNes by telephone for advice and assistance.
If your machine problem cannot be resolved by telephone, BabyNes proposes a series of advantageous after-sales service options. Please contact BabyNes by telephone for detailed information.
Limitation of Liability
The photographs and texts illustrating and describing the products on this website are non-contractual and for information purposes alone. BabyNes shall not be liable in case of errors or omissions in the photographs or texts displayed on this website.
For international deliveries to countries other than those where BabyNes originates its shipments, BabyNes shall have no liability if the products do not comply with the laws and regulations of the country of delivery or in case of electrical or other product incompatibility.
Without limiting the scope of these General Conditions of Sale, no claim of any kind, whether as to products delivered or non-delivery of products, or otherwise, shall be greater in amount than the purchase price of the products in respect of which damages are claimed.
IN NO EVENT SHALL BABYNES BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE (EVEN IF THE ADVENT OF SUCH DAMAGE WAS KNOWN OR COULD HAVE BEEN KNOW BY BABYNES), CAPABLE OF ARISING IN CONNECTION WITH ITS PRODUCTS, THEIR USE, SALE OR THIS WEBSITE.
BabyNes will make every reasonable effort to fulfill its obligations. However, BabyNes cannot be held responsible for delays or failure to deliver caused by circumstances beyond its reasonable control. Such circumstances include strikes, wars, natural catastrophes or any others that make impracticable the production, transportation or delivery of products. In the event of delay, BabyNes will perform its obligations as soon as reasonably possible, and it reserves the right to allocate any remaining product supply among customers in a fair and reasonable manner.
Applicable Law and Forum
The present General Conditions of Sale are governed by the laws of the State of Michigan, USA, without regard to its choice of law provisions.
Wi-Fi terms and conditions
To set up and connect your machine to your MyBabyNes account, we recommend using a secured Wi-Fi network. Although the Wi-Fi functionality of the BabyNes Machine meets current highest IT security standards, your information security depends on the degree of your Wi-Fi network security level. BabyNes cannot be held responsible for any information loss, connection interruption, alteration of your computer system or any other direct or indirect damages related to the use of the Wi-Fi enabled machine. At any time you can stop the connection between the BabyNes Machine and your home Wi-Fi network and delete your connection information. Once the machine is set up, it will connect to your MyBabyNes account and send feeding information after each bottle preparation.
If you choose Zero click shopping, BabyNes will automatically send your next order free of shipping fee. For each child below 6 months the order will contain 4 boxes of stage appropriate capsules and for each child 6 months or above the order will contain 2 boxes of stage appropriate capsules. BabyNes will use the credit card information you provide to invoice each order. If you card expires a BabyNes representative will contact you to proceed with the order. Your order shall arrive 3-5 days before you run out of capsules, provided that your capsule consumption is reported accurately either automatically by the machine or manually by you and provided that your capsule inventory on your MyBabyNes account is accurate.