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General terms and conditions

GENERAL TERMS AND CONDITIONS BABYLUUX

 

ARTICLE 1    –         DEFINITIONS

ARTICLE 2     –         COMPANY IDENTITY

ARTICLE 3     –         APPLICABILITY

ARTICLE 4     –         PRODUCT PRESENTATION

ARTICLE 5    –         THE PURCHASE AGREEMENT

ARTICLE 6     –         THE PRICE

ARTICLE 7     –         DELIVERY AND EXECUTION

ARTICLE 8     –         CONFORMITY AND GUARANTEE

ARTICLE 9     –         RIGHT OF WITHDRAWAL

ARTICLE 10  –         PAYMENT

ARTICLE 11    –         LIABILITY

ARTICLE 12    –         COMPLAINTS

 

ARTICLE 1 – DEFINITIONS

In these terms and conditions the following definitions apply:

  1. We: the natural or legal person who provides products and/or services to customers;
  1. Customer: the natural person who is not acting in the course of a business or profession and who enters into a purchase agreement with the Company;
  1. Company: Babyluux B.V. further identified in article 2;
  1. Cooling-off period: a period of 14 days in which the customer is allowed to use his/her right of withdrawal;
  1. Right of withdrawal: the right of the customer to withdraw from the purchase agreement during the cooling-off period;
  1. Day: calendar day;
  1. Website: www.babyluux.com

 

ARTICLE 2 – COMPANY IDENTITY

Babyluux B.V. established at Meliepark 28, 5251 EL Vlijmen, The Netherlands

Website: www.babyluux.com

Email address: info@babyluux.com

Chamber of Commerce registration number: 80919286

VAT identification number: 861851432B01

 

ARTICLE 3 – APPLICABILITY

  1. These general terms and conditions apply to all the products presented on the website by the Company and to each purchase agreement closed by the Company and the Customer.
  1. Before the conclusion of the purchase agreement, the text of these general terms and conditions will be made available to the Customer on the website. If this is not possible, the Company will indicate, prior to the conclusion of the purchase agreement, that the general terms and conditions are available for inspection at the Company's facilities or that they will be sent free of charge to the Customer, as soon as possible, at the request of the Customer.
  1. If the purchase agreement is closed electronically, then, contrary to the previous paragraph, and before the purchase agreement is closed, the text of these general terms and conditions will be made available to the Customer electronically, in a way that the Customer can save/download them on a durable data carrier. If this is not reasonably possible, then, before closing the purchase agreement, the Company will inform where the general terms and conditions can be inspected electronically and that they could be sent to the Customer for free at his request, either electronically or otherwise.

 

ARTICLE 4 – PRODUCT PRESENTATION

The product presentation on the website contains an accurate description of the products presented. The description is detailed enough to allow the customer to make a proper evaluation of the product presented. If the Company makes use of images, these will be a best possible representation of the products presented. The Company is not liable for obvious errors in the presentation or description of products or other errors on the website.

The Website contains information that clarifies to the Customer which rights and obligations are involved when he/she orders a product. This includes, in particular:

  • The price; for customers within the EU the price includes VAT;
  • Delivery costs, if applicable;
  • The way in which the contract will be concluded and which actions are required;
  • Whether or not the right of withdrawal applies;
  • The payment method, delivery and implementation of the contract;

 

ARTICLE 5 – THE PURCHASE AGREEMENT

  1. By submitting the order form provided on the website, the Customer makes a binding offer for a purchase agreement with the Company. The Customer submits an offer by entering all the information required during the ordering process and submitting the order form to the Company selecting a payment method and completing the selected payment process. Before the customer submits his or her offer, he or she will be able to view the details entered by him and correct any errors in the information provided.
  1. Upon receipt of the Customer's order (electronically), the Company will send the Customer an email confirming receipt of the order and indicating the order details (order confirmation). The order confirmation does not constitute a declaration of acceptance of the Customer's contractual offer, but is for informational purposes only.
  1. A purchase agreement between the Customer and the Company will come into effect only after the Company has accepted the offer by shipping the ordered goods. If prepayment was chosen as the payment option, the products will be shipped after the full amount has been credited to the Company's account.
  1. The Company has the right to reject any offer or to bind its implementation to special conditions, without stating a reason.
  1. In the event of force majeure, each of the parties will have the right to dissolve the contract in its entirety - if the force majeure is substantial enough - or partially, for the part to which the force majeure refers. In the latter case, the parties undertake to execute the part of the purchase agreement that is not dissolved. If dissolution takes place on the basis of this paragraph, neither party shall be liable to pay damages to the other party in respect of the dissolved party to the purchase agreement.

 

ARTICLE 6 – THE PRICE

  1. The product price includes VAT for customers within the EU.
  1. The prices of the products and / or services presented are subject to change
  1. The shipping costs will be displayed separately from the product price in the order process.

 

ARTICLE 7 – DELIVERY AND EXECUTION

  1. The Company will take the greatest possible care when receiving and executing product orders.
  1. The product will be delivered to the delivery address provided by the customer.
  1. With due compliance with the provisions set forth in article 5 of these general terms and conditions, the Company will accept and execute orders as soon as possible, but within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be accepted, or only partially, the Customer will be informed about it no later than 5 days after the order was placed. In this case, the Customer has the right to terminate the purchase agreement without charge.
  1. In the case of termination as set forth in the previous paragraph, the Company will refund the payment (excl. Shipping costs) as soon as possible, but no later than 30 days after termination.
  1. Unless specifically agreed otherwise, the risk of damage and / or loss of the products is borne by the Company until the product is delivered to the Customer or a representative previously designated by the Customer and notified to the Company.
  1. When services are carried out to products that are provided to the Company by the Customer, the risk of damage and / or loss of these materials during transportation is borne by the Company only for the value of the service that is performed by the Company. The Company is not responsible for damage or loss of materials which are owned by the Customer and are sent to the Company for repair by the Company.

 

ARTICLE 8 – CONFORMITY AND GUARANTEE

  1. The Company guarantees that the products and are in accordance with those in the purchase agreement, the specifications given in the order confirmation, the reasonable requirements of reliability and / or usability and the legal provisions and / or regulations of the Dutch government that exist on the date on which the purchase agreement is closed.
  1. A guarantee given by the Company, manufacturer or importer does not affect the legal rights and claims that the Customer can maintain against the Company under the purchase agreement.
  1. If the delivered product does not comply with the contract, the Customer may notify the Company accordingly within a reasonable period of time after discovering the defect.
  1. If the Company considers the complaint valid, the product(s) in question will be repaired or refunded after consultation with the Customer. The refund cannot surpass the price paid for the product by the Customer to the Company. This article will not exclude the Customer's right to claim damages, if applicable.

 

ARTICLE 9 – RIGHT OF WITHDRAWAL  

  1. When products are purchased, the Customer may terminate the purchase agreement within 14 days after purchase, for any reason. This cooling-off period begins on the first day after arrival of the product at the Customer or a representative previously appointed by the Customer and announced to the Company.
  1. During the cooling-off period, the Customer will deal with the product and its packaging with utmost care. If you wish to exercise your right of withdrawal, you will return the product and all materials supplied with it if reasonably possible in their original condition and packaging. The product(s) must be sent to the Company in accordance with clear and reasonable instructions of the Company.
  1. The Customer can terminate the purchase agreement in accordance with paragraph 1 of this article by reporting the withdrawal to the Company, within the cooling-off period of 14 days. As soon as possible, but no later than 7 days after the day of reporting, the Customer must return the product. The Customer can send the product directly to the Company. The Customer must include a written notice of withdrawal. On this written notice of withdrawal, the Customer shall write down the order number. Returns can be sent to the following address:

Babyluux B.V.

Meliepark 28

5251 EL, Vlijmen

The Netherlands

  1. The return shipping costs will be borne by the customer. This means that when the product is returned, only the purchase price of the product will be refunded.
  1. The Customer is liable for the product’s devaluation if that is the result of handling the product other than as described in paragraph 2 of this article.
  1. Any amounts already paid by the Customer will be refunded to the Customer as soon as possible, and in any case within 28 days after termination of the purchase agreement.

 

ARTICLE 10 – PAYMENT

  1. The Customer will pay the amount owed to the Company in accordance with the order procedure and any payment method indicated on the Company's website. The Company is free to offer any payment method of its choice and can change these methods at any time.

 

ARTICLE 11 – LIABILITY

  1. Before using the Company's products, the Customer is obliged to take notice of the safety guidelines, instructions and warnings provided by the Company.
  1. The safety of the baby or child that is carried in the product is the sole responsibility of the Customer.
  1. The Company cannot be held liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages coming forth of inaccurate use of the products. This includes any use of the Company’s products for purposes different from the product’s intended use.
  1. A violation will only exist when the product does not meet the specifications given by the Company and accepted by the Customer. If the Customer wishes to be sure that the product is suitable for the intended use, the customer must inform the Company of this in detail before closing the purchase agreement. The suitability for that use may be agreed upon by the Company in writing if the Customer wishes this suitability to be a part of the purchase agreement.

 

ARTICLE 12 – COMPLAINTS

  1. Complaints regarding the execution of the purchase agreement must be submitted to the Company promptly, thoroughly described, once the Customer has discovered the defects. Complaints shall be sent to info@babyluux.com.
  1. Submitted complaints will be addressed within 14 days of receipt. If it is anticipated that a complaint requires a longer processing time, we will try to give an indication of when you can expect a more detailed response.