Terms and Conditions
TERMS AND CONDITIONS
ARTICLE 1 APPLICABILITY
1.1. These general terms and conditions apply to every offer from BABY-PHANT and to every distance agreement concluded between BABY-PHANT and the buyer.
1.2. Before the distance contract is concluded electronically, the text of these general terms and conditions will be made available to the buyer electronically in such a way that it can be easily stored by the buyer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge at the request of the buyer electronically or otherwise. /p>
1.3.By placing an order you indicate that you agree with the delivery and payment conditions.
ARTICLE 2 AGREEMENT
2.1. An agreement is concluded if the buyer has accepted the offer electronically, and BABY-PHANT has immediately confirmed receipt of acceptance of the offer electronically.
2.2.BABY-PHANT takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a safe web environment. If the buyer can pay electronically, the seller will observe appropriate security measures.
2.3. If a buyer is in default vis-à-vis the seller in the settlement of any agreement, BABY-PHANT is entitled at all times, even after he has executed an order in whole or in part, before proceeding to delivery of to require the buyer to provide sufficient security that he has fulfilled his payment obligations.
2.4. All images, photos and drawings with information regarding weights, dimensions, colors on the BABY-PHANT website are only approximate, are indicative and cannot lead to compensation or termination of the agreement.
2.5. If you place an order with BABY-PHANT, your details will be included in the BABY-PHANT customer database. BABY-PHANT adheres to the Personal Records Act and will not provide your information to third parties. BABY-PHANT respects the privacy of the users of the internet site and ensures that your personal data is treated confidentially. BABY-PHANT uses a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
ARTICLE 3 PRIZES
3.1. The prices of the products offered are not increased, except for price changes as a result of legal changes.
3.2. Transactions concluded with BABY-PHANT are always conducted under the agreed conditions.
3.3. All previous prices automatically expire at the time of change, no rights can be derived from this.
3.4.All prices on the website are subject to printing and typing errors. No liability is accepted for the consequences of
printing and typing errors.
3.5.All prices on the site are in Euros and include 21% VAT.
3.6.Offers are without obligation, unless stated otherwise in the offer. Upon acceptance of a non-binding offer by the buyer, BABY-PHANT reserves the right to revoke or deviate from the offer within the period of 3 working days after receipt of that acceptance.
3.7. Oral promises only bind BABY-PHANT after they have been expressly confirmed in writing.
3.8.BABY-PHANT offers do not automatically apply to repeat orders.
3.9.BABY-PHANT cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious mistake or error.
ARTICLE 4 RIGHT OF WITHDRAWAL
4.1. In the event of a consumer purchase in accordance with Article 7:5 of the Dutch Civil Code, the consumer has the right to dissolve the agreement during 7 working days without stating reasons. This reflection period starts on the day after receipt of the product by the consumer. If the consumer has not returned the delivered goods to the seller after this period, the purchase is a fact.
4.2. Before proceeding with the return, the consumer is obliged to notify BABY-PHANT in writing within the period of 7 working days after delivery. The consumer must prove that the delivered goods have been returned in time.
4.3.During the reflection period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and in the original condition and packaging to BABY-PHANT, in accordance with the reasonable and clear instructions provided by BABY-PHANT. Returning the delivered goods is entirely at the expense and risk of the consumer.
4.4. The above right of withdrawal does not apply to goods that have been manufactured according to the consumer's specifications, including, for example, customization, or that have a clearly personal character.
ARTICLE 5 COSTS IN CASE OF WITHDRAWAL
5.1. If the consumer makes use of his right of withdrawal, the maximum costs of return will be for his account.
5.2. With due observance of the provisions of article 4, BABY-PHANT will ensure that the full purchase price excluding the calculated shipping costs is refunded to the consumer within 30 days of receipt of the return.
ARTICLE 6 DELIVERY TIMES
6.1.Delivery will take place while stocks last.
6.2. The statement of the delivery time is approximate. BABY-PHANT undertakes to adhere to the stated delivery time as much as possible, but is not liable for the consequences of exceeding that, which it could not reasonably have prevented. Such exceeding does not oblige BABY-PHANT to pay any compensation, nor does it give the buyer the right to dissolve the agreement.
6.3. If the presumed delivery time referred to in paragraph 1 of this article is exceeded, BABY-PHANT will be granted a further period to still deliver. This further term is equal to the original expected delivery time with a maximum of one month. If this further term is exceeded, the buyer has the right to dissolve the agreement without reason.
ARTICLE 7 DELIVERY
7.1. The place of delivery is the address that the buyer has clearly made known to BABY-PHANT. If the address is incorrect or incorrect due to the fact that it was submitted incomplete or incorrectly by the buyer, the costs for returning and resending the package are for the buyer's account.
7.2. All goods are transported at the expense of the buyer, unless the freight costs are included in the price.
7.3. If the goods are sent by means of BABY-PHANT's means of transport or by forwarders working on its behalf, the delivery will take place on the ground floor by offering the goods to the buyer. In that case, the goods travel at the risk of BABY-PHANT until the moment of delivery.
7.4. If a buyer refuses to immediately take receipt of the goods presented to him correctly and undamaged, the resulting freight costs, costs of storage and return shipment, etc. are for his account.
ARTICLE 9 WARRANTY AND COMPLAINTS
9.1.BABY-PHANT provides the buyer with a user warranty for the products it supplies, counting from the day of invoicing, insofar as it concerns defects attributable to the seller, which become apparent during normal use. , based on the following debit procedure: – within 1 year after the invoice date: the costs of repair or replacement, including the freight within the Netherlands, are fully borne by BABY-PHANT
9.2. The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, defective or incomplete, the customer must immediately report these defects in writing to BABY-PHANT (before proceeding to return it to BABY-PHANT). Any defects or incorrectly delivered goods must and can be reported to BABY-PHANT in writing no later than 2 months after delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after discovery of a defect, damage arising after discovery of a defect, encumbrance and/or resale after discovery of a defect, will invalidate this right to complain and return completely.
9.3. If BABY-PHANT considers complaints from the customer to be well-founded, BABY-PHANT will, at its discretion, replace the goods delivered free of charge or make a written arrangement with the customer about compensation, on the understanding that
BABY-PHANT's liability and therefore the amount of compensation is always limited to a maximum of the invoice amount of the relevant items, or (at BABY-PHANT's option) to the maximum in the relevant case by BABY-PHANT's liability insurance. PHANT amount covered. Any liability of BABY-PHANT for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.
9.4.BABY-PHANT is not liable for damage caused by incorrectly twisting the product by the buyer or by a third party.
9.5. This warranty does not apply if: A) and as long as the buyer is in default against BABY-PHANT; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or have been treated contrary to the instructions of BABY-PHANT and/or instructions for use on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.
ARTICLE 10 LIMITATION OF LIABILITY
10.1.To the extent permitted by law, BABY-PHANT's liability for damage caused by defects in the delivered goods is limited to the net invoice amount of the delivered , unless the consequences of this exoneration are demonstrably unreasonably onerous for the buyer.
10.2. The seller is never liable for indirect damage, including damage from third parties
ARTICLE 11 NON-ATTRIBUTABLE DEFICIENCY
11.1.When BABY-PHANT due to mobilization, danger of war, war, strike, exclusion or due to a non-attributable shortcoming of another nature in the execution of the agreement is hindered, he is not bound by any term and is also authorized to conclude the agreement.
not to perform the agreement in whole or in part, without any legal action being necessary. BABY-PHANT must immediately notify the buyer of the occurrence of the circumstances of the non-attributable shortcoming.
11.2.In all cases of a non-attributable shortcoming, the other party will have the right to dissolve the agreement if it cannot reasonably be expected to continue the agreement.
ARTICLE 12 APPLICABLE LAW AND COMPETENT COURT
12.1. All offers, agreements and their implementation are exclusively governed by Dutch law.
12.2.All disputes, insofar as they exceed the competence of the subdistrict court, will be settled by the court in the district where BABY-PHANT is located.