General Terms and Conditions

General Terms and Conditions

Article 1 – Definitions

In these terms and conditions the following terms shall have the following meanings:

  • Reflection period : the period within which the consumer can make use of his right of withdrawal;
  • Consumer : the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  • Day : calendar day;
  • Duration transaction : a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
  • Durable medium : any instrument which enables the consumer or entrepreneur to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information;
  • Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period;
  • Entrepreneur : the natural or legal person who offers products and/or services remotely to consumers;
  • Distance contract : an agreement whereby, within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
  • Distance communication technology : means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same place at the same time;
  • General Terms and Conditions : these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Baby Empire
Email address: info@babyempire.nl
Chamber of Commerce number: 95974164

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.

If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly. In the event of conflicting conditions, the consumer can always rely on the provision that is most favourable to him.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.

Article 5 – The agreement

The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

Article 7 – Costs in case of revocation

If the consumer exercises his right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation.

Article 8 – Exclusion of the right of withdrawal

The right of withdrawal can be excluded by the entrepreneur for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

Article 9 – The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement and the specifications stated in the offer, and with reasonable requirements of soundness and/or usability.

Article 11 – Delivery and execution

The entrepreneur will take the greatest possible care when receiving and executing orders for products. The place of delivery is the address that the consumer has made known to the company.

Article 12 – Duration transactions: duration, termination and extension

The consumer may at any time terminate an agreement that has been entered into for an indefinite period and which extends to the regular delivery of products or services, taking into account the agreed termination rules and a notice period of no more than one month.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period.

Article 14 – Complaints procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.