Terms and Conditions

BAIAH is a trading name of BAIAH Ltd.

Exchanges & Returns

Exchanging or returning an item couldn’t be easier. Try your purchase on in the comfort of your own home and let us know straight away if you’d like a different size or a refund and we’ll send you a label to ship the return.

You have 28 days from receiving your order to:

a. Request exchange or return here, or, if you are a registered user, by logging in your account.
b. Take your return to your nearest drop off point.
c. Send your purchase back to us.

Items must be returned to us unused with all BAÍAH tags and labels still attached. Returns that do not meet our policy will be sent back to you.

Need a different size or color?

There’s no cost to exchange your purchase, although if you’re based outside the EU, taxes and duties are applicable. If you wish to try another style, simply return it for a store credit refund and purchase the new item separately.

Additional Information

To ensure your return is covered by our free returns policy and reaches us promptly, items must be returned from the same country to which they were delivered. Orders sent back from a different destination may incur additional charges or be delayed by customs.

We prefer that items are returned to us via our own service or nominated courier partners (UPS and DHL Express) so that they are protected and insured. If you are returning via DHL, please ensure you use DHL Express and not another third party, such as DHL Deutsche Post.

You can return using other third party providers, but we are unable to accept liability or responsibility for these. If you intend to do this, please send your return to the following address:

Huboo Germany
Zweenfurther Straße 10 D,
04827
Gerichshain,
Germany

Receiving a refund

You can choose to receive your refund either as store credit to your BAÍAH account or back to the original payment method.

Please note that refunds can take up to 10 working days to show on your account due to varying processing times between payment providers.

If your order was sent to a destination within the EU, all sales taxes will be refunded. If not, we cannot refund any payments you make directly for customs and other local taxes.

Repeated returns

We offer a flexible returns policy to make your online shopping experience even easier. We do monitor the number of returns made by customers and continued returns in breach of our terms and conditions will be flagged and may, at our discretion, lead to the closure of your BAÍAH account or future orders being refused.

Our policy

All products must be returned in a new and unused state, in perfect condition, with all protective materials in place and the BAÍAH. This includes all packaging, accessories, and pouches. We reserve the right not to accept any return if the product shows signs of wear or has been used or altered from its original condition in any way or, as an alternative, may reduce the amount of any applicable refund or exchange accordingly.

For example, we may make a reduction in the following circumstances:

a. the product(s) have been used, worn, damaged or washed;
b. the designer tags are not attached to the product(s) or have not been returned. Please note that the BAÍAH tags constitute an integral part of each product; and/or
c. you have not returned any packaging which is considered an integral part of a product (such as a dust bag).

You will be informed if we propose to reduce your refund for this reason. In this instance, you may (as an alternative to us providing you with a reduced refund) choose to have the products sent back to you at your own expense.

Bags & Accessories

All packaging, dust bags and leather tags should be included with your return.

Please handle light-colored bags and accessories carefully if you are still deciding whether you will be keeping the item. Please note that dark items of clothing can transfer dye to light-colored bags.

Beauty, Fragrance & Candles

Skincare, cosmetics and haircare must be returned unused, unopened, and in their original packaging. Please note that fragrance, nail polish, candles and aerosols are final sale and cannot be returned due to transport restrictions.

Lingerie & Swimwear

Briefs, swimsuits and bikini bottoms should be tried on over underwear, without removing the protective adhesive strip.

Gift returns

To arrange a gift return, please email us for further assistance.

Late Returns

Your item(s) should be sent back to us within 28 days of receiving you order. Returns outside this timeframe may be accepted at the discretion of BAÍAH and may only be refunded as a store credit.

Colors

We have made every effort to display the colors of our products that appear on BAÍAH as accurately as possible. However, as computer monitors, tablets and mobile devices vary, we cannot guarantee that your monitor's display of a color will be completely accurate.

Orders

How To Track Your Order

Our delivery time starts from the moment an order is accepted and includes a 24-hour period where your items will be processed and dispatched. Please note, this can take longer at times.

Once your order has left us, you’ll receive an email with your tracking information so you can follow its progress. You can also check the status of your delivery by viewing My Orders in your account.

Delivery Processing Times

Before we can dispatch your purchase, we may need to confirm your details with your card issuer. We’ll do our best to keep delays to a minimum. We work closely with our shipping partners to minimize the potential impact of customs delays.

Signing For Your Purchase

You can rest assured that we'll keep your purchase safe until it reaches you. Your order is insured against theft and accidental damage during delivery. Once your purchases have been delivered to the specified address and signed for, they are no longer covered by insurance. If you are unavailable when your package arrives, our courier will make two more attempts to deliver your purchase.

If you won't be in, you can choose to waive the signature on the shipping page at checkout. Please be aware that if no signature is collected, you agree to our terms and conditions and take full responsibility for any loss or damage that may occur. Please note, orders containing items of high value may still require a signature, even if you did not select to sign for your order on arrival.

Depending on your location, the courier service that delivers your order may differ to the delivery partner who collects your return.

DHL

Our shipping partner, DHL, offers you the flexibility to make changes to your delivery while it’s on its way to you using DHL On Demand Delivery (ODD). Whether you need to schedule a delivery for another day or remove the signature requirement, ODD makes it easy for you.

Once your order has left us and is with DHL, they will contact you via SMS and/or email to let you know when to expect the delivery. If ODD is available in your location, this message will also contain a link to the ODD site. All you need is your tracking (shipment waybill) number.

UPS

With UPS My Choice you can personalize your delivery. Find out more.

Shipping Restrictions

Due to transport restrictions, we are unable to ship pressurized or flammable items by air. As a result, orders containing fragrance, nail and aerosol products must be delivered via our Standard shipping option.

As we’re unable to deliver to certain areas, we suggest that you select a different shipping destination or contact our Customer Care team to help you find an alternative purchase.

Payment methods

BAÍAH accepts the following payment methods. Please note, available payment options may change depending on the items within your shopping bag. Payment is only debited from your card at the time of dispatch.

Store Credit:

If you have store credit and are logged in to your BAÍAH account at the time of purchase, this payment method will be used automatically. You can pay any remaining balance with a payment method of your choice.

Credit Card:

We accept Visa, MasterCard and American Express. PayPal: When selecting this option at checkout, you will be directed to the PayPal site to complete your purchase before returning to BAÍAH.

Apple Pay:

Make sure you are logged in with your Apple ID. If necessary, enter your billing, delivery and contact information to confirm payment. Payment security BAÍAH uses Secure Socket Layer (SSL) technology to encrypt and protect the data you send us over the internet. If SSL is enabled, you will see a padlock at the top of your browser and you can click on this to find out more information about the SSL digital certificate registration. You will also notice that when you look at the URL at the top of the browser you will see that it begins with ‘https’ instead of ‘http’. This means that you are in secure mode.

PSD2 Authentication

If your card issuer is based in the EU, you may be asked to verify your payment due to a new requirement under the second Payment Services Directive (PSD2). You’ll be directed to a dedicated page to enter further information or asked to authorize the payment using your mobile phone. Once completed, you’ll return to BAÍAH.

Saved Card Details

To make shopping quicker in future, you have the option to safely store your credit card details.

Your full card details will never be displayed, only the last four digits so that you know which card you’re using.

You can choose not to save your card details by unchecking the box on the payment page. If you change or add a new address, you’ll need to re-enter your card details.

Taxes and Duties

Taxes and duties are calculated according to your shipping destination and itemized on the Order Summary page. Make sure you select your location to view the correct local market pricing, delivery times and shipping costs.

We ship to your destination on a DDU (Delivery Duty Unpaid) basis. This means that the prices displayed on site are exclusive of all taxes and duties. When your order arrives at Customs, you are responsible for paying all import duties, customs and local sales taxes.

Terms and Conditions

BAÍAH ("BAÍAH" "we" "us") website(s) (our "Site" or "Sites") and related services are made available to you in accordance with the following Terms of Use & Service, and any other rules posted on our Sites (collectively, the "TOS"). Please read the TOS carefully before placing any orders on www.baiah.com. We recommend you should keep a copy of the TOS for future reference.

BAÍAH is a trading name of TWN Resort & Swim LLC, a limited liability company with registered office 801 US HIGHWAY 1, NORTH PALM BEACH, FL 33408.

If you have any comments about BAÍAH, you can email us at info@baiah.com.

In particular, we wish to draw your attention to our policies relating to the terms of purchase within the TOS and our Privacy Policy. If you are under 16 you must let your parent or guardian know about BAÍAH's Privacy Policy before you register to use this Site or any of this Site's services. We reserve the right to only accept orders from those over 18 however.

We may modify the TOS from time to time. Please read the TOS and check back often. If you do not agree to any change to the TOS then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

Registration and account terms and conditions

To use some of the services or features made available to you on this Site you will need to register for an account. When you register you are required to provide information about yourself that is true, accurate, current, and complete in all respects. Should any of your registration information change, please notify us immediately at the following e-mail address info@baiah.com We may also change registration requirements from time to time. Here are the some of the benefits you’ll be able to enjoy by registering with us for a BAIAH account:

Track your orders and review past purchases
Request your return or exchange directly from your account
Build a customized Favorites to create personalized outfits that you can email to friends and family.
Add sold out items to your Wish List so you can see if more stock arrives
Add a Gift Card and keep track of any store credit on your account
Save your address and card details so you can shop even quicker next time
Manage your account details, address book and email preferences

To create an account, simply click on SIGN IN and then REGISTER NOW to fill in your details. The account password you create should be unique and kept secure, and you must notify BAÍAH immediately of any breach of security or unauthorized use of your account.

Should you have any issues with your account or need any help in relation to it, then please do not hesitate to contact our Customer Care team. However, please note that we can only communicate with the named account holder in relation to any questions, changes or cancellation of an account.

Forgotten password

If you have forgotten your password, click here to change it or follow the FORGOTTEN PASSWORD instructions on the SIGN IN page. For security reasons we are unable to send your password via email.

Please refer to our Privacy Policy for information about how we use your data.

Eligibility to purchase

In order to make purchases on the Site you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the Billing information provided.

The Site is available only to individuals and others who meet the BAÍAH terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to BAÍAH, whose applications are acceptable to BAÍAH and who have authorized BAÍAH to process a charge or charges on their credit/debit card in the amount of the total purchase price for the merchandise which they purchase. Products purchased by the buyer are for personal or gift use and should not be re-sold, used for commercial purposes or any other commercial benefit. In addition, BAÍAH reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

By making an offer to purchase merchandise you expressly authorize us to perform credit checks and where BAÍAH feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorization and to authorize individual purchase transactions.

Furthermore, you agree that we may use Personal Information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

Please refer to our Privacy Policy for further information about how we use your data.

Orders

All orders are subject to acceptance and availability, and items in your shopping basket are not reserved and may be purchased by other customers.

BAÍAH offers products for sale that are in stock and available for dispatch from our distribution center. Occasionally however, we may be waiting for shipments from our designer suppliers. Consequently you may from time to time be given the possibility of making an Advance Payment or Pre Order for certain items in which case you are able to make an Advance Purchase. This will ensure that you receive this item in priority once stock has been delivered. BAÍAH will only take Advance Purchase orders for stock that has been scheduled for delivery. Your rights regarding Advance Purchase are the same as those for any other purchase at BAÍAH. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock.

Items received into stock may be pre-allocated to satisfy Advance Payment orders and customers making Advance Payments will receive items in priority to customers on the Waiting List or customers ordering through the Site for immediate delivery. Please be aware that we may be unable to deliver selected Advance Payment merchandise due to production problems or quality check issues identified when we receive an order into stock. In these circumstances we will notify you by email and refund the Advance Payment (if applicable) to your credit/debit card within thirty days of being advised that merchandise has become unavailable.

If you have registered your email address for notification of the arrival of a specific product featured on our Site, we will attempt to notify you by email within 48 hours of the product becoming available on the Site. Please be aware that on occasion certain products that are in particularly high demand will sell out during this period.

BAÍAH will store a record of your transactions for a minimum of one year.

Pricing Policy

Prices shown on the Site are in USD, GBP or Euros. Prices in GBP and Euro are inclusive of VAT at the applicable rate unless you have selected an alternative country where VAT is not chargeable, as indicated in the Site.

All prices and offers remain valid as advertised from time to time. The GBP or Euros price of a product displayed on the Site at the time the order is accepted will be honored, except in cases of patent error.

From time to time, prices are subject to change in response to currency exchange rate changes, and other commercial factors. The price applicable to your order will be the price current at the time your order is accepted.

Customers purchasing from a country served as DDP will incur relevant import duty and tax. These costs are included in the final purchase price. Customers purchasing from a country served as DDU will be charged for the items purchased and shipping costs only. Import duty or tax costs will be invoiced to you directly from DHL or an import broker appointed by you. We recommend you contact your local customs authority to determine a landed cost price prior to purchase completion.

If you are a customer whose credit/debit card is not denominated in USD, Sterling or Euros, the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction.

Regardless of your shopping destination and the currency you shop in, your purchase may be processed by one of our regional affiliate companies in which case your bank may charge you an international transaction fee. BAÍAH is not responsible for any such fee or charge.

Acceptance of your order

Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.

Unless you cancel your order, acceptance of your order and completion of the contract between you and BAÍAH will be completed when we email you to confirm the goods have been dispatched. The sale contract is therefore concluded in Florida, USA and the language of the contract is English. Neither our third party payment processor nor our nominated courier has the authority to accept an order on behalf of BAÍAH.

We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the TOS.

We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold, removing, screening or editing any materials or content on the Site, refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

Whilst every effort is made to make sure details on our website are accurate, we may from time to time discover an error in the pricing of products. If we discover an error in the pricing of a product in your order, we will let you know as soon as possible. We shall be under no obligation to accept or fulfil an order for a product that was advertised at an incorrect price and reserve the right to cancel such an order that has been accepted or is in transit. If you order a product that is priced incorrectly for any reason, we will email or telephone you to inform you that we have not accepted your order and/or that the relevant part of your order has been cancelled. If you have already paid for the goods, we shall refund the full amount as soon as we are able. In the event that products are recalled in transit, we will process your refund once the products have been returned to us.

Payment

We accept Visa, MasterCard, American Express, and any other methods which may be clearly advertised on the Site from time to time. You can also choose to pay with PayPal, Apple Pay or Klarna. Once this transaction is complete, you will then return to baiah.com. Payment will be debited and cleared from your account upon dispatch of your order by BAÍAH. Payments for orders containing a pre-order item will be taken in and around 10 days after your order is placed. You confirm that the credit/debit card that is being used is yours or that you have been specifically authorised by the owner of the credit/debit card to use it. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to BAÍAH, we will not be liable for any delay or non-delivery.

We take reasonable care to make our Site secure. All credit/debit card transactions on this site are processed using Datacash, a secure online payment gateway that encrypts your card details in a secure host environment. If you are a registered BAÍAH user, we will securely store your credit/debit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.

To help ensure that your shopping experience is safe, simple, and secure, BAÍAH uses Secure Socket Layer (SSL) technology.

Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Site.

Gift Cards

Gift Cards are available for purchase. For assistance with redeeming a gift card, please contact Customer Care on info@baiah.com

Promotion Codes

Promotion codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotion code or offers, and must be redeemed by the date published, if provided.

Insurance and delivery

BAÍAH insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfilment by BAÍAH, and transfer of responsibility in the same way. The goods are your responsibility from the time we deliver them to the address you gave us.

Our nominated courier can deliver an order to certain destinations without collecting a signature. If this option applies to your shopping address, you may select the signature opt-out at the checkout, otherwise the signature required will be set by default; however, you can update your preference on the shipping page before proceeding to purchase. Please note, that if no signature is collected, you agree to our terms and conditions and, confirm that BAÍAH can leave your package(s) outside the premises at the shipping address provided by you without obtaining a signature for proof of delivery. Please be aware that, if no signature is collected, you agree to our terms and conditions and take full responsibility for any loss or damage that may occur. On occasion, our nominated courier may refuse to deliver your order if they are of the opinion that the shipping address is considered to be unsafe.

Please note that we aim to dispatch all orders within 24 hours, or 48 hours during high sale periods. Delivery times appearing on the Site are estimates and are to be used as a guide only and commence from the date of dispatch. In any event, we will deliver the goods to you within 30 days of the day on which we accept your order. BAÍAH is not responsible for any delays caused by destination customs clearance processes.

If delivery is delayed by any event outside of our control, we will contact you as soon as possible to let you know and we will take steps to minimize the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to cancel your order and we will give you a refund for any goods you have paid for but not received.

We recommend you use the courier DHL (www.dhl.com) for returning products, if you are based in the following countries: Czech Republic, Spain, Finland, Greece, Hungary, Luxembourg, Poland, Portugal, Slovenia, Slovakia, Belgium, Denmark, France, Ireland, the Netherlands and Sweden.

We recommend you use the courier UPS (www.ups.com) for returning products, if you are based in the following countries: Germany and Austria.

However, if your purchase contained a DHL Express pre-paid returns label, please return via DHL Express and follow the steps outlined in your returns email. Please note that you should only use DHL Express and no other third party, such as DHL Deutsche Post.

Returns and exchanges

Please click here for details of our Exchanges & Returns Policy, which is part of these Terms and Conditions.

Intellectual property rights

Your use of the Site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material rights relating to the Content (as described in the Content section below), including BAÍAH Software and all HTML and other code contained in this Site. All such Content including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by BAÍAH and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited. However, you are permitted to make one copy for the purposes of viewing Content for your own personal use.

Content

In addition to the Intellectual property rights mentioned above, "Content" is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. BAÍAH tries to ensure that the information on this site is accurate and complete. BAÍAH does not promise that BAÍAH 's Content is accurate or error-free. BAÍAH does not promise that the functional aspects of the Site or BAÍAH's Content will be error free or that this Site, BAÍAH Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the Internet ensure they have up to date virus checking software installed.

Opinions expressed on BAÍAH’s socials are the personal opinions of the authors and do not reflect the views of BAÍAH. By posting you agree to be solely responsible for the content of all information you contribute. You also grant to BAÍAH a right to use any content you provide for its own purposes including republication in any form or media. Comments may be moderated and may take up to 72 hrs to be displayed but BAÍAH does not commit to checking all content and will not be liable for third party posts. If you have a complaint about any posts please mail info@baiah.com. BAÍAH reserves the right at its sole discretion not to publish or to remove any comment including those that it believes may be unlawful, defamatory, racist or libelous, incite hatred or violence, detrimental to people, institutions, religions or to people's privacy, which may cause harm to minors, is detrimental to the trade marks, patents and copyrighted content, contains personal data, improperly uses the medium for promoting and advertising businesses. This site is available to the public, information you consider confidential should not be posted to this site.

The personal opinions of the designers, or any third parties with whom we are associated are their own and do not necessarily reflect the views of BAÍAH and we accept no responsibility for any such views expressed in any media.

No commercial use

This Site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, data mine or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.

Your activity

You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.

Third party

We may include hyperlinks on this Site to other websites or resources operated by parties other than BAÍAH, including advertisers. BAÍAH has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

Your rights

You have certain rights under the applicable law. These include:

That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;

Certain remedies if a product is defective. In this regard, without prejudice to the application of the mandatory consumer protection provisions, all products sold by BAÍAH are covered by a 24 month guarantee for lack of conformity. Please contact Customer Care if you notice a fault. In the case of lack of conformity, you may choose between a repair or a replacement of the product. If these options are not available, you are entitled to either require BAÍAH to make an appropriate reduction in the price or to terminate the contract; and

A right to cancel any order for a product within 14 days after the date of receipt of the product and receive a full refund even if it is not defective (see Cancelling your order above).

Nothing in the TOS is intended to affect these rights.

Limits on our liability

We accept liability for death and personal injury arising from our negligence or that of our employees and agents. We do not seek to exclude our liability for fraudulent misrepresentation by us or our employees or agents.

Nothing in this Agreement is intended to affect your rights under the law (see "Your Rights" above).

If BAÍAH fails to comply with the TOS, we are responsible for loss or damage you suffer as a foreseeable result of us breaching the TOS. Loss or damage is foreseeable if it is obvious that it will happen or if, at the time the contract is made, both you and BAÍAH knew it might happen, for example, if you discussed it with us during the sales process. We will only be liable for loss or damage up to 150% of the total value of goods purchased.

We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us (for example, loss of profits or loss of opportunity).

We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events beyond our reasonable control.

Compensation

At our request, you agree to compensate us fully, defend us, and hold us BAÍAH harmless immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you, including the use by any other persons accessing this Site using your Internet account caused by your action or inaction.

Our relationship

You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and BAÍAH as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of BAÍAH, and we shall not be liable for any representation, act, or omission on your part.

No waiver

If you breach the TOS and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach the TOS.

Complaints and Governing law

If you have a complaint about us email info@baiah.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance with the Laws of the State of Florida and the relevant courts of Miami Dade County will have exclusive jurisdiction.

If there’s a dispute that we have been unable to resolve with you directly, EU resident customers can find more information about alternative dispute resolution via the European Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr). For more information, please contact our Customer Care team.

UAE, Saudi Arabia, Oman, Bahrain, Kuwait and Qatar

If you have a complaint about us email info@baiah.com giving full details including date of purchase and order reference number where applicable and your full name and address and contact details. The TOS together with all our policies and procedures will be governed by and construed in accordance to the United Arab Emirates law and in particular by Federal Law 24 of 2006 on the Consumer Protection and its implementing regulations. In the event of a dispute between BAÍAH and you arising from the TOS, the relevant courts of the Emirate of Dubai will have exclusive jurisdiction.

Subscription Terms and Conditions

We may use third parties to prepare, publish and distribute BAÍAH’s Newsletter. If you previously had a subscription to the Newsletter, we will send any future publications to the original address provided unless we are told otherwise.

To find out more about how we use your data, view our Privacy Policy.

If you would like to cancel your subscription to our newsletter please email us at info@baiah.com

Privacy Policy

At BAÍAH we are committed to protecting and respecting your privacy. This notice sets out key information regarding BAÍAH and how any personal data you provide to us will be processed. For more detailed information on how we use your data and your rights regarding your data, please read our full Privacy Policy and Cookie Policy. For all other information regarding our services, please refer to our Terms & Conditions.

If you would like more information about how we collect, use and store your personal data, you can contact us at any time by emailing privacy@baiah.com or writing to the Privacy Team at TWN RESORT & SWIM LCC, Corporate Creations Network Inc., 801 Us Highway 1, North Palm Beach, Fl 33408.

The BAÍAH website is owned and run by Shopify.

BAÍAH (referred to here as "we", "our", "us"). If we use the term "our Group", this means us and our ultimate holding company. The term "our online services" refers to baiah.com, our mobile and tablet applications, our pages on third party social media platforms such as Instagram, Facebook, Twitter, Pinterest and Google+ and any other websites or apps we own or run from time to time. The term "our services" refers to our online services and any of our other products and services, such as Newsletter, offered from time to time. If you use any of our services, we will refer to you using the terms "user", "visitor", "you", "your", "yours" in this policy.

For the purpose of the UK Data Protection Act 2018 and the General Data Protection Regulation 2016 (the Law), the data controllers for any personal information we hold about you are TWN RESORT & SWIM LCC, Corporate Creations Network Inc., 801 Us Highway 1, North Palm Beach, Fl 33408.

1. Who is the data controller?

Under the data protection law, the data controller is responsible for ensuring that your data is held securely, that you are given accurate information about how your data is used, and that your rights regarding your data are respected.

The BAÍAH website is owned and run by Shopify.

Should you have any queries about our use of your personal data, please email privacy@baiah.com, or write to our Privacy Team at TWN RESORT & SWIM LCC, Corporate Creations Network Inc., 801 Us Highway 1, North Palm Beach, Fl 33408.

2. What personal data do we collect?

We collect and process only the data that is required to allow us to provide our services to you. We collect the following data when you browse or shop at www.baiah.com:

We process the personal data required to complete and despatch your purchase, including your name, billing address, delivery address, payment details, mobile number, telephone number and email address. We collect your email address in order to send you confirmation of your order; we collect your telephone number so that we can contact you if there are any issues with the order.

We collect your email address when you sign up to receive BAÍAH News.

If you register for a BAÍAH account, we collect your name, email address, password, country and additional data regarding your favourite designs and your marketing preferences. When you contact our Customer Care team, we may collect additional data to help us resolve any queries relating to your order, delivery, payments, marketing, the website or any other queries.

We collect and process data about your browsing on www.baiah.com, including the pages you visit and how you interact with these pages. If you have registered for an account, we collect browsing data about your access to the dedicated areas of the website.

If you are a customer of www.baiah.com, or if you have given us your consent, we collect and process your personal data for direct marketing activities. If you provide us with someone else's data - for example, if you purchase a product to be delivered to a friend or as a gift - we will collect and process the personal data required to complete the transaction such as the name, delivery address and other contact details for your friend.

If you are receiving an item as a gift, we will process your data only to fulfil the gift request and our contractual obligations.

When you use the App version of our website, we will ask for your consent to collect personal data from you in order to send you brief messages, "push notifications" about products and services that we believe may be of interest to you. With your consent, we will also collect data regarding your use of the App and your IP address, in order to improve our service to you. You can disable push notification at any time by updating the App settings in your mobile device.

If you subscribe to PORTER magazine, we will collect and process the personal data required to complete and despatch your purchase, including your name, billing address, delivery address, payment details, telephone number and email address. We collect your email address in order to send you confirmation of your order; we collect your telephone number so that we can contact you if there are any issues with the subscription. You have the option to provide us with your birthday and month and to subscribe to our marketing communications and those from our partners.

When you call our Customer Care team, your call will be recorded for training and fraud prevention purposes.

3. How do we use the personal data we collect?

We collect and process your personal data for the following purposes:

When you purchase a product from www.baiah.com we ask you for the personal data necessary to allow us to fulfil our contract with you including taking payment, any related anti-fraud checks if you choose to pay by credit/debit card, billing, shipping and delivery of the product and possible handling of the return.

When you visit www.baiah.com, we will collect the minimum personal data necessary to allow us to provide you with the services of the website, such as placing and holding items in your shopping bag.

When you visit www.baiah.com, we will use some data about your use of the website to help us improve the website and our promotion of the website. This will include data about how you came to the website; the date and time of your visit; products you viewed or searched for; page response times, download errors, length of visits to certain pages, page interaction data (such as scrolling, clicks, and mouse-overs), and methods used to browse away from the page. We also collect data about your use of www.baiah.com by using cookies. More information about how we use cookies and how you can, if you wish, turn off cookies is included in our Cookie Policy.

When you register on www.baiah.com, we will collect the data necessary to ensure that we can recognise you on return visits and provide you with the services registration offers, such as creating a Favorites or subscribing to emails. If you would prefer not to continue receiving these emails, you can unsubscribe at any time using the link on the bottom of the email, or by contacting our BAÍAH team at info@baiah.com.

When you sign up for our marketing communications, we will ask you for your email address. If you would prefer not to receive these emails, you can unsubscribe at any time using the link on the bottom of the email, or by contacting our BAÍAH team at info@baiah.com.

If you have purchased from www.baiah.com, we will use the personal data we hold about you, including your purchase history, to contact you regarding products and services that may be of interest to you. This contact will normally be via email, but in certain circumstances we may contact you via other methods e.g. we may call you if an item we know you have been eager to purchase comes back into stock. If you would prefer not to be contacted in this way, you can unsubscribe from emails at any time using the link on the bottom of the email, or update your contact preferences on www.baiah.com or by contacting our BAÍAH team at info@baiah.com.

We analyze contact data, purchase history, web browsing data and lifestyle data to tailor our marketing communications, web site presentation and internet advertising to meet your preferences. For example, if you have been browsing or have previously purchased a particular shoe designer, we may send you an email to tell you that these are now on sale or display similar products to you as part of our internet advertising.

When you contact our team, we will use the personal data you provide and that we have collected to respond to your requests for help or information.

When you use the App version of our website, we will collect data regarding your use of the App and your IP address, in order to send you push notifications about products and services that we believe may be of interest to you.

When you call our Customer Care team, your call will be recorded for training and fraud prevention purposes.

We will use the contact information that you provide to deliver service messages such as any change to our Terms and Conditions or Privacy Policy, delivery updates or other non-marketing communications.

4. What is our legal basis for processing your personal data?

Under the Law we must have a valid reason for using your personal data and we may not collect, store or use data about you that is not compatible with that reason. There are four valid reasons for our use of your personal data:

The legal basis for each of the ways in which we use your personal data is as follows:

Most of the data we collect from you is necessary to allow us to fulfil our contract with you or to enter into a contract with you e.g. you provide a billing address and email address when your purchase an item from www.baiah.com so that we can process your payment and send you your order confirmation.
In certain circumstances we will ask for your permission or consent to use your personal data e.g. if we would like to send you marketing information about items we believe may be of interest to you via email. If you have given your consent to our use of your personal data, you are entitled to withdraw this consent at any time.
We may also have a legitimate interest in using your personal data e.g. to ensure that the content of our website is presented to you and your device as effectively as possible, or to ensure that our marketing communications are relevant to your interests. If this is our reason for using your data, we must make sure that our interests do not override yours and you are entitled to object to this use of your data.
Lastly, we may be required to use your data to meet a legal obligation or to protect your interests e.g. we may exchange data with other specialist organisations for the purposes of fraud detection and credit risk reduction and we will retain financial data long term to meet our statutory obligations.

Our use of your data

a) When you purchase a product from www.baiah.com we ask you for the personal data necessary to allow us to fulfil our contract with you including taking payment, completing any related anti-fraud checks if you choose to pay by credit/debit card, billing, shipping and delivery of the product and possible handling of the return.