Terms and Conditions
Table of contents:
Article 1 - Definitions
Article 2 - Applicability
Article 3 - Agreement
Article 4 - Prices
Article 5 - Herroeping law
Article 6 - Costs in case of withdrawal
Article 7 - Exclusion of the right of withdrawal
Article 8 - Delivery time
Article 9 - Delivery and transfer of risk
Article 10 - Delivery
Article 11 - Guarantees and complaints
Article 12 - Limitation of liability
Article 13 - Force majeure
Article 14 - Intellectual property
Article 1 Definitions
In these Terms and Conditions, the following terms are used in the following meanings, unless expressly stated otherwise:
- Seller: BABY-PHANT. and its domain and/or trade names used by BABY-PHANT. in Elst (Chamber of Commerce No. 09161085, in the case of (WD 6662) Marithaime 8, to the Seller referred to in these General Terms and Conditions.
- Buyer: The other party of the Seller is referred to in these Terms and Conditions as the Buyer (or Consumer, if it is a natural person who is not in the exercise of a profession or business).
- Parties: Parties are seller and buyer together.
- Agreement: The agreement refers to the purchase contract between the parties.
Article 2 Applicability
- These General Terms and Conditions apply to every offer of BABY-PHANT. for any distance contract concluded between BABY-PHANT. and is closed to the consumer.
- Before concluding the distance contract, the text of these General Terms and Conditions will be made available to the consumer.
- If, contrary to the preceding paragraph and before the distance contract is concluded, the distance contract is concluded by electronic means, the wording of these General Terms and Conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable medium.
- In the event that certain product or service conditions apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may at any time rely on the provision most favourable to him in the event of conflicting conditions.
Article 3 Agreement
- Subject to the provisions of paragraph 4, the contract is concluded at the time of acceptance of the offer by the consumer and the fulfillment of the conditions set out therein. Article 6:232 of the Dutch Civil Code states: "A counterparty is also bound by the General Terms and Conditions if the user understood or had to understand at the time of conclusion of the contract that he did not know their content."
- If the consumer has accepted the offer electronically, BABY-PHANT. will immediately confirm receipt of the acceptance of the offer electronically. As long as this acceptance is not received by BABY-PHANT. After confirmation, the consumer can terminate the contract.
- If the contract is concluded electronically, BABY-PHANT takes effect. takes appropriate technical and organizational measures to secure electronic data transmission, BABY-PHANT must ensure a secure web environment. If the consumer can pay electronically, BABY-PHANT. comply with appropriate security measures.
- BABY-PHANT. can inform itself within the framework of the legal framework whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. Has BABY PHANT. for valid reasons not to conclude the contract on the basis of this investigation, he is entitled to reject an order or to demand it for reasons or to attach special conditions to the execution.
Article 4 Prices
- The prices of the products offered will not be increased, except in the event of price changes due to legal changes. The transactions concluded with BABY-PHANT. are always carried out on the agreed terms.
- All previous prices expire automatically at the time of change and no rights can be derived from them. Price increases within three months of conclusion of the contract are only permitted if they are based on statutory provisions or provisions.
- All prices on the website are subject to printing and typesetting errors. No liability is assumed for the consequences of printing and typesetting errors. All prices on the website are in Euros and include 21% VAT. Offers are subject to change unless otherwise stated in the offer. Baby-PHANT reserves the right to accept a non-binding offer by the buyer. the right to revoke or deviate from the offer within the period of three working days after receipt of this acceptance.
- Verbal commitments shall only bind BABY-PHANT after they have been expressly confirmed in writing. Offers from BABY-PHANT are not automatically valid for repeat orders. BABY cannot be bound by his offer if the customer should have understood that the offer or part thereof contained an obvious error or error.
Article 5 Herroepingsrecht
- If there is a consumer purchase pursuant to Article 7:5 of the Dutch Civil Code, the consumer has the right to dissolve the contract for 14 working days without giving reasons. This cooling-off period begins the day after receipt of the product from the consumer. If the consumer has not returned the delivered goods to the seller after this period, the purchase is a fact.
- The consumer is obliged to inform BABY-PHANT in writing before returning the goods within the period of 14 working days after delivery. The consumer must prove that the delivered goods have been returned on time.
- During the cooling-off period, the consumer will carefully handle the product and packaging. He will only unpack or use the product to the extent necessary to assess whether he wants to keep the product. If he makes use of his right of withdrawal, he will send the product with all accessories and in its original condition and packaging to BABY-PHANT. in accordance with the appropriate and clear instructions of BABY-PHANT. The return of the delivered goods takes place exclusively at the expense and risk of the consumer.
- The above right of withdrawal does not apply to goods manufactured according to the consumer's specifications, including, for example, individualization, or which have a clearly personal character.
Article 6 Costs in case of withdrawal
- If the consumer makes use of his right of withdrawal, he shall bear the costs of the return shipment if necessary. If the consumer has paid an amount, BABY-PHANT will refund. this amount as soon as possible, but no later than 30 days after the return or revocation.
Article 7 Exclusion of the right of withdrawal
- BABY PHANT. may exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if BABY-PHANT. has clearly stated this in the offer, at least in time for the conclusion of the contract.
- The exclusion of the right of withdrawal is only possible for products:
a) established by BABY-PHANT. in accordance with the consumer's specifications;
b) which are clearly personal in nature;
c) which, by their very nature, cannot be returned;
d) Which can spoil or age quickly;
e) whose price is subject to fluctuations in the financial market, on the BABY-PHANT. has no influence;
f) For individual newspapers and magazines; For audio and video recordings and computer software whose seal the consumer has broken.
- The right of withdrawal is only possible for services:
a) In relation to accommodation, transport, restaurant operations or leisure activities to be carried out on a specific date or during a certain period of time;
b) whose delivery has begun with the express consent of the consumer before the end of the cooling-off period;
c) In terms of betting and lotteries.
Article 8 Delivery time
- Delivery takes place while stocks last.
- The indication of the delivery time is approximate. BABY PHANT. undertakes to comply with the specified delivery time as far as possible, but is not liable for the consequences of exceeding the contract, which he could not reasonably have prevented. Such exceedance does not oblige BABY-PHANT to pay compensation, nor does it give the buyer the right to dissolve the contract.
- If the estimated delivery time referred to in paragraph 1 of this Article is exceeded, BABY-PHANT. a further deadline for delivery. This additional period corresponds to the originally expected delivery time with a maximum of one month. If this additional deadline is exceeded, the buyer has the right to dissolve the contract without giving reasons.
9 Delivery and transfer of risk
- Once the product purchased by the buyer has been received, the risk passes from seller to buyer.
Article 10 Delivery
- BABY PHANT. will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
- The place of delivery is the address that the consumer has provided to BABY-PHANT.
- In compliance with the provisions of Article 4 of these General Terms and Conditions, BABY-PHANT. execute accepted orders quickly, but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will receive a notification no later than 30 days after placing the order.
- In this case, the consumer has the right to dissolve the contract at no cost.
Article 11 Guarantees and complaints
- BABY-PHANT. provides a guarantee for the products delivered by it, calculated from the date of invoicing to the Buyer, in the case of defects attributable to the Seller that occur under normal use, on the basis of the following depreciation procedure: – within 1 year of the invoice date: the cost of repair or replacement, including freight within the Netherlands, are completely for the account of BABY-PHANT.
- The customer is obliged to inspect the delivered goods immediately upon receipt. If it turns out that the delivery item is incorrect, defective or incomplete, the customer (before returning it to BABY-PHANT.) to report these defects immediately in writing to BABY-PHANT.
- Any defects or incorrectly delivered goods must and can be reported to BABY-PHANT. in writing up to a maximum of 2 months after delivery. The goods must be returned in the original packaging (including accessories and accompanying documentation) and in new condition. Commissioning after discovery of the defect, damage incurred after discovery of the defect, encumbrance and/or resale after discovery of the defect, this right of complaint and return expires completely.
- If complaints of the customer of BABY-PHANT. are found to be justified, BABY-PHANT. at its own discretion, replace the delivered goods free of charge or make a written agreement with the customer on compensation, with the proviso that the liability of BABY-PHANT. and therefore the amount of compensation is always limited to a maximum amount of the invoice amount of the goods in question, or (at the discretion of BABY-PHANT.) up to the maximum amount covered by BABY-PHANT's liability insurance in each case. Any liability of BABY-PHANT. for any other form of damage is excluded, including additional compensation in any form, compensation for indirect damages or consequential damages or damages due to loss of profit.
- BABY PHANT. is not liable for damages caused by the faulty assembly of the product by the buyer or by a third party.
- This warranty does not apply if:
a) As long as the buyer is in default with BABY-PHANT;
b) The customer has increased and/or processed the delivered goods himself or had them repaired/or processed by third parties;
c) The delivered goods have been exposed to abnormal conditions or are otherwise treated carelessly or contrary to the instructions of BABY-PHANT. and/or instructions for use on the packaging;
d) The inadequacy is, in whole or in part, the result of regulations that the government has established or will enact regarding the type or quality of the materials used.
Article 12 Limitation of liability
- To the extent permitted by law, the liability of BABY-PHANT. for damages caused by defects in the delivered goods, limited to the net invoice amount of the delivered goods, unless the consequences of this exconsistency for the buyer are demonstrably unreasonably burdensome.
- The seller is never liable for indirect damages, including damage caused by third parties.
Article 13 Force majeure
- If the Seller is unable to fulfil its obligations under the contract due to force majeure, in a timely manner or not properly, it shall not be liable for any damage incurred by the Buyer.
- In any case, force majeure means a circumstance that the Seller could not take into account at the time of conclusion of the contract and on the basis of which the normal execution of the contract cannot reasonably be demanded of the Buyer, such as illness, war or danger of war, civil war and harassment by riot, sabotage, terrorism, flood of power, earthquake, fire, business facility, strikes, exclusion of workers, changed state measures, Difficulties in transfer and other malfunctions in the seller's business.
- In addition, the parties understand force majeure as the fact that delivery companies on which the Seller is dependent for the execution of the contract do not fulfil the contractual obligations towards the Seller, unless this can be attributed to the Seller.
- If a situation such as the previous one arises due to which it does not comply with its obligations, these obligations will be suspended as long as the seller is unable to meet its obligations. If the situation referred to in the preceding sentence has lasted 30 calendar days, the parties have the right to dissolve the contract in whole or in part in writing.
- If the force majeure lasts longer than three months, the buyer has the right to dissolve the contract immediately. Dissolution is only possible by registered mail.
Article 14 Intellectual property
- BABY PHANT. reserves the intellectual property rights (including copyright, patent law, trademark law, drawings and design rights) to all products, designs, drawings, fonts, carriers with data or other information, offers, images, sketches, models, models, samples, unless the parties have agreed otherwise in writing.
- The customer may not prove and show, make available or otherwise use these intellectual property rights to third parties without the prior written consent of BABY-PHANT.