Refund Rules

1. General provisions

1.1. These Rules are adopted by Individual entrepreneur Kovalchuk Vadym Volodymyrovych, taxpayer registration number 3637709974, registered address: 15 Shevchenka St., Malyn, Zhytomyr region, 11601, Ukraine, telephone: +380 73 390 00 00, email address: hello@babybe.app (hereinafter referred to as the Contractor).

1.2. For the purposes of these Rules, the Customer is the natural person who has placed an order for the services of the Contractor and has paid for it, thereby accepting the terms of the public offer (hereinafter referred to as the Customer).

1.3. These Rules apply to all payments made in favour of the Contractor by means of payment cards through the WayForPay payment service, and apply to the relations of the Parties in the version in force at the moment the relevant payment is made.

1.4. Relations of the Parties that are not governed by these Rules are governed by the Civil Code of Ukraine, the Law of Ukraine “On Protection of Consumer Rights” No. 1023-XII of 12 May 1991, the Law of Ukraine “On Payment Services” No. 1591-IX of 30 June 2021, and by the rules of the international payment systems within which the payment card of the Customer has been issued.

1.5. The terms “refund of funds” and “cancellation of a transaction” are used in these Rules with different meanings, and the procedure established for each of them is autonomous: the former denotes the return of a paid amount after it has been successfully debited, whereas the latter concerns the discontinuation of a payment operation before that operation is completed.

2. Subject matter of the order and the moment of performance

2.1. The Contractor renders to the Customer a service consisting of the personal selection of a name for a child, the result of which is six names together with a written justification of each of them, placed on a personal page of the Customer, access to which is opened by a unique link (hereinafter referred to as the Result).

2.2. The service is digital and is rendered remotely, by electronic means of communication, without the transfer of any tangible medium to the Customer, without postal dispatch and without the involvement of any delivery service.

2.1-1. The service is provided in one of two forms, which the Customer chooses before payment: the Personal Analysis described in clause 2.1 of these Rules, or the Curated Selection, in which the selection is carried out by a curator with the participation of the Customer and the result of which is a final shortlist of three names agreed with the Customer. The form chosen determines the moment performance commences, the moment the service is rendered, and the grounds for a refund.

2.3. The price of the Personal Analysis is $14.99, and the price of the Curated Selection is $149. The price is payable in a single payment, in full, before performance of the order commences; partial payment, recurring payments and supplementary charges under the order are not envisaged.

2.4. Performance of the Personal Analysis commences immediately upon receipt by the Contractor of confirmation that the funds have been successfully debited, and the service is deemed to have been rendered in full from the moment access to the Result is opened to the Customer by the unique link.

2.4-1. Performance of the Curated Selection commences not upon payment but upon the first approach of the curator to the Customer through the means of contact stated by the Customer on the Site after payment. The service is deemed to have been rendered in full from the moment the final shortlist is delivered to the Customer.

2.5. The Result is produced individually, to the order of the particular Customer and on the basis of the information supplied by that Customer, as a consequence of which it cannot be offered or sold to any other person.

3. Confirmation of information and the consent of the Customer to immediate performance

3.1. In accordance with part three of Article 13 of the Law of Ukraine “On Protection of Consumer Rights”, the Contractor confirms the information supplied to the Customer by an electronic message sent, after payment, to the email address indicated by the Customer when placing the order (hereinafter referred to as the Confirmation of Information).

3.2. The Confirmation of Information contains, in particular, the details of the Contractor, the subject matter and the price of the order, the manner of obtaining the Result, and a notice stating that performance of the service commences immediately, before the expiry of the fourteen-day period established by part four of Article 13 of the said Law, and that from the moment access to the Result is opened the service is deemed to have been rendered.

3.3. By making payment, the Customer gives the Contractor consent to the rendering of the service by electronic means of communication before the expiry of the period for rescission of a distance contract; that consent is a material condition of the order, since without it access to the Result could not be opened immediately.

3.4. Information confirmed in the manner established by this section may not be altered by the Contractor unilaterally, and the Confirmation of Information is retained by the Contractor and supplied to the Customer again upon request.

4. The right to rescind a distance contract and the limits of its application

4.1. Part four of Article 13 of the Law of Ukraine “On Protection of Consumer Rights” provides that a consumer has the right to rescind a contract concluded at a distance by notifying the seller (provider) thereof within fourteen days from the moment of the confirmation of information.

4.2. At the same time, item 1 of part five of Article 13 of the said Law provides that a consumer has no right to rescind a contract concluded at a distance where the rendering of the service by electronic means of communication, with the consent of the consumer, took place before the expiry of the period for rescission of the contract, of which the consumer was notified in the confirmation of information.

4.3. Since the Contractor notifies the Customer of immediate performance precisely in the Confirmation of Information sent in the manner established by section 3 of these Rules, and since access to the Result is opened with the consent of the Customer before the expiry of the period referred to in clause 4.1, the right to rescind a distance contract does not apply from the moment access to the Result is opened.

4.4. An autonomous additional ground for the non-application of the right of rescission is item 3 of part five of Article 13 of the said Law, since the Result is produced to the order of the Customer and cannot be sold to any other person, and accordingly each of the grounds set out in clauses 4.2 and 4.4 is sufficient independently of the other.

4.4-1. Clauses 4.2, 4.3 and 4.4 of these Rules concern the Personal Analysis. They DO NOT APPLY to the Curated Selection, since its performance does not take place before the expiry of the period for rescission of the contract: it commences with the first approach of the curator. Until that moment the Customer has the right to rescind the contract within the period stated in clause 4.1 and to obtain the funds paid in full.

4.4-2. Should performance of the Curated Selection have already commenced and the Customer declare rescission of the contract within the period stated in clause 4.1, the Contractor refunds the funds paid less the price of the part of the service actually rendered, in proportion to the volume of work performed, as provided for by part six of Article 13 of the said Law. The volume of work performed is determined by the number of consultations held and by whether the final shortlist has been delivered.

4.5. Until access to the Result is opened, claims of the Customer in respect of the funds paid are satisfied on the grounds and in the manner established by sections 5, 7, 8 and 9 of these Rules.

5. Grounds for a refund of funds in full

5.1. The Contractor refunds the funds paid in full where, after the funds have been successfully debited, any of the following circumstances has occurred:

• 1) the funds were debited from the payment card of the Customer, yet access to the Result did not open;
• 2) access to the Result was opened, however the Result proved to be incomplete or to contain an error, and the Contractor did not remedy that defect;
• 3) the funds were debited twice under one and the same order, in which case the excess amount debited is subject to refund;
• 4) the payment was made, yet no order was created;
• 5) under the Curated Selection, the Customer declared rescission of the contract before the first approach of the curator;
• 6) under the Curated Selection, the curator did not approach the Customer within the period established by the contract.

5.2. The list set out in clause 5.1 is exhaustive as regards a refund the ground of which is the failure of the Contractor to perform or the improper performance by the Contractor of its obligation, and it applies irrespective of the motives of the Customer, who is not obliged to substantiate the claim beyond the particulars provided for by clause 7.2 of these Rules.

5.3. The excess amount debited, referred to in sub-clause 3 of clause 5.1, is returned to the Customer as property acquired without sufficient legal ground within the meaning of Article 1212 of the Civil Code of Ukraine, irrespective of whether access to the Result under the order paid for was opened.

5.4. The circumstances provided for by clause 5.1 are established by the Contractor on the basis of the data of the payment service concerning the operation and of the data of the Contractor concerning the creation of the order and the opening of access to the Result.

6. Cases in which no refund of funds is made

6.1. No refund of funds is made where the Result has been delivered, the Customer has examined it, and the circumstances relied upon by the Customer concern the content of the Result, in particular a subjective assessment of the names selected or of the justification given.

6.1-1. As regards the Curated Selection, clause 6.1 applies only after the final shortlist has been delivered to the Customer. Until that moment the claims of the Customer are satisfied in the manner established by clauses 4.4-1 and 4.4-2 of these Rules.

6.2. The grounds for the non-application of a refund in the case provided for by clause 6.1 are the rendering of the service by electronic means of communication with the consent of the Customer before the expiry of the period for rescission of the contract, of which the Customer was notified in the Confirmation of Information (item 1 of part five of Article 13 of the Law of Ukraine “On Protection of Consumer Rights”), and the individual character of the Result produced to the order of the Customer (item 3 of part five of the same Article).

6.3. Disagreement of the Customer with the content of the Result does not constitute a defect of the service, since the Contractor undertakes to select six names and to justify each of them in writing, and not to ensure that the Result corresponds to expectations of the Customer which did not form the subject matter of the order and could not have been agreed between the Parties.

6.4. The circumstances referred to in clause 6.1 do not deprive the Customer of the right to address the Contractor in the manner established by section 7 of these Rules, and do not release the Contractor from the obligation to consider such a request on the merits and to give a reasoned reply to it.

7. Procedure for a request of the Customer for a refund

7.1. A request for a refund of funds is submitted by the Customer in free form to the email address hello@babybe.app; a paper application, notarial certification of a signature or the sending of scanned copies of documents is not required.

7.2. In the request the Customer states the following particulars:

• 1) the email address indicated when making the payment;
• 2) the date and approximate time of the payment;
• 3) the amount of the payment;
• 4) the order number, where available.

7.3. The Contractor neither requires nor has any need to obtain the full number of the payment card, its expiry date or the security code printed on the reverse of the card; the Customer must not disclose those data to anyone, including the Contractor, since they are not needed in order to make a refund, and the funds are returned through the same channel by which they were debited.

7.4. The Contractor considers a request received from the email address indicated by the Customer when making the payment, or a request which otherwise makes it possible to identify the payment unambiguously; where the payment cannot be identified, the Contractor asks the Customer for clarification, and the period established by clause 8.1 begins to run from the day the clarified particulars are received.

8. Time limits for considering a request and for making a refund

8.1. A request of the Customer is considered by the Contractor within two business days from the day of its receipt, following which the Contractor either approves the refund or gives the Customer a reasoned refusal with a reference to the relevant provision of these Rules.

8.2. Where a refund is approved, the Contractor initiates it through the payment service within three banking days from the day of such approval.

8.3. The period within which the refunded funds are credited to the account of the Customer is determined by the bank which issued the payment card and amounts, as a rule, to between three and five days, while under the rules of the international payment systems it may amount to up to thirty days; the Contractor is unable to influence that period, since the crediting takes place without its participation.

8.4. The time limits established by this section are as follows:

• 1) consideration of a request of the Customer: 2 business days from the day the request is received;
• 2) initiation of the refund after its approval: 3 banking days;
• 3) crediting of the funds to the account of the Customer: within the periods of the bank which issued the card, as a rule from 3 to 5 days, and under the rules of the international payment systems up to 30 days.

9. Manner in which a refund is made

9.1. A refund of funds is made exclusively to the same payment card from which the payment was made, in the same amount and in the same currency in which the debit took place.

9.2. A refund in cash, a refund to another payment card or to the account of another person is not made, including at the request of the Customer, since that procedure is established by the rules of the international payment systems and ensures that the funds are returned precisely to the person at whose expense the debit took place.

9.3. The Contractor withholds no payments, charges or commissions from the amount subject to refund, and returns that amount in the sum in which the funds were debited from the payment card of the Customer.

9.4. The obligation of the Contractor in respect of a refund is deemed to have been performed from the moment the refund is initiated through the payment service, while the subsequent crediting of the funds is carried out by the bank which issued the payment card within the period referred to in clause 8.3.

10. Cancellation of a transaction

10.1. Until payment is completed on the page of the WayForPay payment service, the payment operation is not initiated, no funds are debited from the payment card of the Customer, and discontinuing the placing of the order requires no request to the Contractor and entails no consequences whatsoever for the Customer.

10.2. In order to discontinue a payment operation before it is completed, it is sufficient for the Customer to close the page of the payment service or not to confirm the operation; no separate application for cancellation of the transaction is submitted in such a case, and no request to the Contractor is required.

10.3. After the funds have been successfully debited, cancellation of the payment operation as a separate act is impossible, since the operation has already been executed; in such a case exclusively the procedure for the refund of funds established by sections 5, 7, 8 and 9 of these Rules applies.

10.4. The Contractor has no technical means of cancelling an executed payment operation or of altering its amount by itself, since payment operations are executed by payment service providers in the manner established by the Law of Ukraine “On Payment Services”; a request of the Customer which in substance concerns the cancellation of an executed operation is considered by the Contractor as a request for a refund of funds.

11. Procedure for challenging a decision of the Contractor

11.1. Where the Customer disagrees with the decision taken following consideration of the request, the Customer has the right to address the Contractor again, stating the circumstances with which the Customer does not agree; such a request is considered within the period established by clause 8.1.

11.2. The Customer has the right to address the WayForPay payment service through its buyer protection section; the Contractor supplies the payment service with the particulars of the payment at its request and does not impede such an application.

11.3. The Customer has the right to apply to a court in the manner established by the legislation of Ukraine; a prior application to the Contractor or to the payment service is not a mandatory condition for the exercise of that right.

11.4. At the demand of the Customer, the Contractor supplies the Customer with the particulars of the payment available to it, in particular its date, time and amount, the order number and the status of the operation, which are required in order to apply to the bank which issued the payment card, to the payment service or to a court.

12. Final provisions

12.1. These Rules are public, are published at babybe.app in permanent open access and are in force for an indefinite term until a new version of them is adopted.

12.2. The Contractor has the right to introduce amendments to these Rules; the version in force at the moment the Customer makes payment applies to the relations of the Parties, and the date of the version in force is stated on this page.

12.3. These Rules are drawn up in the Ukrainian and English languages; in the event of a discrepancy in interpretation, the text set out in the Ukrainian language prevails.

12.4. A finding that an individual provision of these Rules is invalid or inapplicable does not entail the invalidity of the remaining provisions hereof.

12.5. On all matters connected with the refund of funds and the cancellation of a transaction, the Customer may address the Contractor at the email address hello@babybe.app or by telephone +380 73 390 00 00.