General Terms

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General Terms

Article 1 Definitions

Article 2 Identity of the entrepreneur

Article 3 Application

Article 4 Offers and Acceptance

Article 5 Order confirmation and agreements

Article 6 Prices

Article 7 Delivery

Article 8 Receipt

Article 9 Transfer of risk

Article 10 Payment

Article 11 Cancellation / withdrawal

Article 12 Guarantee

Article 13 Complaints

Article 14 Copyrights

Article 15 Liability

Article 16 Force majeure

Article 17 Disputes & Applicable Law

Article 1 Definitions

Additional agreement: an agreement whereby the consumer acquires products, digital content and / or services in connection with a distance contract and these goods, digital content and / or services are provided by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;

Cooling-off period: the period of 14 days within which the consumer can make use of his right of withdrawal;

Consumer: the natural person who does not act for purposes related to his trade, business, craft or professional activity;

Customer: the natural person who may or may not act for purposes related to his trade, business, craft or professional activity;

Day: calendar day, unless mentioned otherwise;

Digital content: data produced and delivered in digital form;

Right of withdrawal: the possibility for the consumer to cancel the order or contract within the cooling-off period;

Contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content and / or services

Article 2 Identity of the entrepreneur

1. Holland BabyShop is a company registered in the Netherlands. The company’s information is listed below:

Visiting address: van Vlietstraat 34, 4814 EL Breda, the Netherlands

E-mail address: hollandbabyshop @gmail.com

KvK- Chamber of Commerce number: 61826642

Tax number: NL259561691B01

Article 3 Application

1. The current General Terms are applicable to any offer, order and agreement between Holland BabyShop and the customer. By concluding a contract between the customer and Holland BabyShop, the customer accepts these terms without any reservations.

2. These conditions are accessible to everyone on the websites www.hollandbabyshop.com. A digital copy of these conditions is made available upon request.

3. Only after written approval by Holland BabyShop the customer may partly deviate from the General Terms.



Article 4 Offers and Acceptance

1 All offers shall be free of obligation and shall be made in one written form or other and shall bear a date. All offers are subject to change. When a product is not available, Holland BabyShop will inform the customer via e-mail in time and seek further agreement or confirmation from the customer.

2. Holland BabyShop shall only be bound by offers if the customer accepts such, preferably in writing, within thirty (30) days.

3. It shall not be possible to bind Holland BabyShop to her offers if the customer should have understood in accordance with the requirements of reasonableness and fairness and according to the usual criteria in social and economic life that the offer, or part thereof, obviously contains a mistake or an error in writing.

4. If the acceptance deviates (on secondary items) from the offer given, Holland BabyShop shall not be bound by it. The agreement shall in such event not be concluded in accordance with said deviating acceptance, unless Holland BabyShop indicates otherwise.
 

Article 5 Order confirmation and agreements

1. After Holland BabyShop has received the order, Holland BabyShop will confirm the order within one day, unless Holland BabyShop cannot reasonably be demanded to comply with the agreement.

2. As soon as Holland BabyShop has received the order and payment has been confirmed, the order will be accepted and processed by Holland BabyShop within 2-5 working days. If a product is out of stock, customer will be informed in finding alternative product or seeking other solution.

3. Holland BabyShop reserves the right not to accept order, not to accept payment, and therefore not to confirm, for whatever reason, any order, including but not limited to reasons resulting from product supply, a problem with the order received, or a problem completing the delivery. However, other problems can also be a reason not to accept the order.

4. The current agreement between the customer and Holland BabyShop substitutes any former agreement.

5. Holland BabyShop recognizes that the electronic communication may be used to prove the agreement. By accepting these terms, the customer confirms this as well.

 

Article 6 Prices

1. The total price, shown on the order, is definitive and includes: prices of the products, handling costs, packaging and transport.

2. No customs duties or value added taxes shall be due for deliveries in the European Union.

3. Price does not include customs duties or value added taxes for shipment to outside of the European Union.

4. Holland BabyShop has the right to change prices and correct errors. In case the customer incurs any harm as a result, the customer will be informed of this fact by e-mail and has the right to cancel the order within the next two days. Holland BabyShop cannot be held liable for potential (typographical) errors in its prices or conditions.

 

Article 7 Delivery

1. Holland BabyShop will, once the order has been accepted and Holland BabyShop receives payment confirmation from out payment service provider, hand over the parcel to the shipping company or the Express service, who will deliver the parcel to the address indicated by the customer. 

2. Delivery of purchased goods is taken place at a maximum of 30 days. This applies to both EU and non-EU customers/consignees.  In practice it normally takes shorter than 30 days if there is no delay in the transport process. The delivery time can also be made on bilateral agreement between Holland BabyShop and its customer.

3. The shipment time as described in the order confirmation is an indication, no guarantee. Parcels may be subject to unforeseen delays during the shipping process. Holland BabyShop will provide necessary help to the customer when this happens. However, Holland BabyShop has no control over this and cannot be held liable for that.

4. The shipment time or delivery time, as described in the order confirmation, starts at the moment the parcel is handed over to the shipment carrier.

5. When a parcel is getting lost, Holland BabyShop can ask the carrier (postal company) to start an enquiry to find the parcel. This enquiry can take up to 90 days. Based on the outcome of the enquiry, Holland BabyShop can take action to solve the issue with the customer.

6. Any postage fines will only be reimbursed if the customer can provide written evidence.

7. For deliveries outside the EU: the customer is responsible for possible import duties in his or her country. Holland BabyShop will not be held responsible for the confiscation of products due to custom regulations in the country of destination. The customer has the responsibility to consult with his or her local tax-office about custom regulations and obtain the necessary knowledge about this prior to ordering. Holland BabyShop has no control over this and cannot be held responsible for this.

8. For deliveries outside the EU: if a parcel is refused at the border as a result of custom regulations and returned to Holland BabyShop, Holland BabyShop will only refund the sales value of the goods upon the actual receipt of the goods, which are in good shape and have not been deteriorated. Holland BabyShop holds no liability if the parcel is lost upon return, as a result of postal failure, and is therefore not received by Holland BabyShop.  

9. All delivery costs are for the customer’s account.

10. The customer is obliged to accept the purchased products the moment they are handed over or presented to him/her.

11. If, during shipment, damage has occurred to the packaging of a product which could result in spoilage, the customer needs to report this to Holland BabyShop within 24 hours. The customer should not consume the contents of a visible damaged product. Holland BabyShop will not be held liable for the consequences if the above instruction is ignored.

12. If the customer refuses to take the delivery of the purchased goods or fails to give the information or correct address necessary for the transport and delivery of the purchased goods, additional costs for extra delivery or storage are on the customer’s expense.

13. Holland BabyShop cannot and will not for any reason be held liable for any deterioration in the products due to the customer’s failure to receive or collect the parcel in a timely matter.

14. All parcels are insured. If a parcel is lost, Holland BabyShop will ask the carrier or shipping company to start an enquiry. If the parcel is declared to be lost, the customer is entitled to a refund. For unforeseen delays during the shipping process, the customer is not entitled to a refund.

15. In case Holland BabyShop needs further information from the customer in order to execute the order, the delivery time will start after the customer has provided the required information.
 

Article 8 Receipt

1. Upon receipt, the customer must inspect the delivered goods at the moment of delivery, but in any case in as short a period of time as possible. He/she must examine whether the quality and the quantity of the delivered goods comply with what was agreed upon.

2. Any visible shortcomings, defects or damages must be reported (description given) via e-mail within 48 hours following receiving, together with the submission of the purchase proof and the descriptions of defect goods and its quantity.

3. If the customer wishes to return defect goods, he/she shall only do so following prior consent in writing via e-mail and on his/her own cost.

Article 9 Transfer of risk

1. The risk of loss of, or damage to the products being the subject of the agreement, shall be transferred to the customer the moment the said products are judicially and/or actually delivered to the consumer and therefore fall into the power of the consumer or of third parties to be appointed by the consumer.

 

Article 10 Payment

1. Payments are accepted via our payment service provider including PayPal, Bank transfer and via credit card, etc. The products will not be shipped until the payment has been done.

2. A gift voucher only applies to the total net price of the products. The customer needs to pay the tax and the shipping costs on top.

3. Customer’s payment information will not be passed on to third parties (according to the Person Registration Law, Netherlands).

4. If the customer chooses to pay via Bank transfer, the ordered products will be reserved for the customer for seven (7) calendar days. After Holland BabyShop has received the outstanding amount on her bank account, the products will be shipped to the customer. The agreement will lose its validity if the outstanding amount is not paid within the stated timeframe.

 

Article 11 Cancellation / withdrawal

1. The consumer has the right of withdrawal for a period of 14 days to cancel the order or end the agreement from the date he/she receives the purchased products, without stating any reason.

2. Cancellation is done through submitting an online return application. The online return application form can be found at our website or at the registered account.

3. The above mentioned right does not apply to perishable goods.

4. The consumer can only cancel the order or end the agreement without stating any reason, if the products are complete, undamaged, unused and are returned in the original package with seal not being broken.

5. The return shipment fees are for the consumer’s account.

Article 12 Guarantee
                       
1. Holland BabyShop guarantees that the products to be delivered shall meet the usual requirements and shall not have an outdated expiration date, unless explicitly mentioned otherwise. Holland BabyShop shall take all the necessary care and attention to assure that the products correspond to the description that is given on the website on the date the order was processed.

2. The guarantee mentioned above shall be valid until the best before date of the products, but only if applicable.

3. No guarantee is given at defect products when this is the result of injudicious or improper use or when the customer has introduced changes or tried to introduce changes to the products without Holland BabyShop's knowledge or consent in writing. This is also applicable if the customer has used the product for purposes which it was not intended for.

Article 13 Complaints

1. If the ordered products do not meet expectations because of breakage, damage, or an incorrect delivery, the customer needs to inform Holland BabyShop by email within 2 working days after receipt of the products. If Holland BabyShop does not receive a complaint of the customer within the term mentioned above, it is assumed that the order was filled in accordance with the order.

Article 14 Copyrights

1. Holland BabyShop shall reserve the rights and authorities to which she is entitled under Copyright Act.

2. Holland BabyShop is owner and license holder of all copyrights, databases, applications, trademarks and other intellectual rights that are part of this website. Concept, structure, lay-out and design are the exclusive property of Holland BabyShop.

3. If used by the customer this can only be done exclusively and must not be reproduced, made public or brought to the notice of third parties.

 

Article 15 Liability

1. When the producer of a defective good is liable for consequential damage, Holland BabyShop's liability shall be limited to replacing the defective good, or to refunding the purchase price.

2. The customer is personally liable for its choice of products and is entirely responsible for the conservation and consumption of the goods after receiving.

3. Holland BabyShop cannot be held responsible for injuries caused by not following the guidelines regarding the handling of dry ice.

 

Article 16 Force majeure

1. Nor Holland BabyShop nor the customer shall be held to fulfil any of their obligations if they are hindered to do so due to a circumstance through no fault of their own and which cannot be attributed to them by virtue of law, a legal action or generally accepted practice.

2. In addition to the provisions of the law and the judge-made law in this respect, force majeure in the present general terms and conditions shall furthermore be understood to be any external circumstance, be it envisaged or not, on which Holland BabyShop cannot have any influence but which prevents Holland BabyShop from fulfilling the obligations.

 

Article 17 Disputes & Applicable Law

1. The court in Holland BabyShop's residence shall have exclusive jurisdiction to hear actions, unless the District Court is the competent Court. Holland BabyShop shall nevertheless be entitled to submit the dispute to the Court deemed competent by law.

2. Dutch law shall apply to each and every agreement between Holland BabyShop and the customer.