This is a translation of the Algemene Voorwaarden, written in Dutch. In case of any differences caused by the translation, the Dutch version shall prevail.
General Terms and Conditions of Delivery of Baby Kids BV
nanitnl.nl
babybrezza.nl
sentipure.nl
emulait.store
Article 1 – Definitions
Article 2 – Identity of the trader
Article 3 – Applicability
Article 4 – The purchase agreement
Article 5 – Right of withdrawal
Article 6 – Exclusion of the right of withdrawal
Article 7 – The price
Article 8 – Conformity and warranty
Article 9 – Delivery and performance
Article 10 – Continuing contract
Article 11 – Payment
Article 12 – Complaints procedure
Article 13 – Disputes
Article 14 – Additional or deviating provisions
In these General Terms and Conditions, the following terms shall have the following meanings:
Cooling-off period: the period of 14 days during which a Consumer may exercise their right of withdrawal.
Consumer: a natural person who is not acting in the exercise of a profession or business.
Day: calendar day.
Trader: Baby Kids BV.
Continuing contract: an agreement under which the parties have undertaken to perform one or more obligations towards each other for a definite or indefinite period of time.
Durable medium: any tool that enables one of the parties to store information addressed personally to them in a way that makes this information accessible for future use for a period appropriate to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information.
Right of withdrawal: the Consumer’s option to withdraw from the purchase within the Cooling-off period.
Model form: the model withdrawal form stated on the website of Baby Kids BV, which a Consumer may use to exercise their right of withdrawal.
Distance contract: an agreement concluded between the parties within the framework of an organised system for distance selling or distance services without the simultaneous physical presence of the Trader and the other party, whereby, up to and including the moment the agreement is concluded, exclusive use is made of one or more means of distance communication.
General Terms and Conditions: these general terms and conditions.
Baby Kids BV
Professor W.H. Keesomlaan 12
1183 DJ Amstelveen, The Netherlands
T +31 (0)85 060 2263
E info@babykids.nl
Chamber of Commerce number: 93732279
VAT number: NL866507917B01
Every purchase and every order related thereto, as well as quotations issued in that context, shall be governed by these General Terms and Conditions.
The General Terms and Conditions shall be made available before or at the time the purchase agreement is concluded. In the case of an agreement concluded electronically, the General Terms and Conditions shall be provided electronically. The General Terms and Conditions shall be provided in an accessible manner. If it is not reasonably possible to provide the General Terms and Conditions in the manner described above, they shall be sent by the Trader as soon as possible and free of charge upon request. The General Terms and Conditions are also stated on the Trader’s website: https://nanitnl.nl/policies/terms-of-service, https://emulait.nl/en/policies/terms-of-service and https://babybrezza.nl/policies/terms-of-service.
The General Terms and Conditions shall take precedence over any other terms and conditions, including specific product and/or service terms and conditions.
If, for any reason whatsoever, a provision in the General Terms and Conditions is annulled, is wholly or partially void, cannot be applied or does not form part of the purchase agreement, the remaining provisions of the General Terms and Conditions shall remain fully in force. In such case, the Trader shall have the right to replace the invalid provision with another similar provision.
If there is any uncertainty about the content and scope of the General Terms and Conditions, the parties shall consult with each other.
A purchase agreement is concluded by means of an offer and the acceptance thereof.
The Trader may revoke any offer, unless a specific period of validity is included in the offer or the offer has been accepted. The Trader is free to change or withdraw any offer which is expressly stated to be non-binding. After acceptance of a non-binding offer, the Trader may still change or withdraw the offer, provided this is done immediately. If the Trader does not do so immediately, the Trader’s offer shall be deemed accepted and a purchase agreement shall have been concluded.
The offer shall contain clear and understandable information, including information about the main characteristics of the goods or services, the total price of the goods or services, including all taxes, or, if the nature of the goods or services means that the price cannot reasonably be calculated in advance, the manner in which the price will be calculated, and, where applicable, all additional freight, delivery or postage costs and any other costs or, if these costs cannot reasonably be calculated in advance, the fact that such additional costs may be payable, the duration of the agreement, where applicable, or, if the agreement is for an indefinite period or is renewed tacitly, the conditions for terminating the agreement, and the right of withdrawal.
Acceptance by electronic means shall be confirmed immediately by the Trader.
To the best of its ability, the Trader shall ensure that appropriate technical and organisational measures are taken to protect data in the case of a purchase agreement concluded electronically.
The Trader shall retain ownership of the goods until the full purchase price has been paid by the Buyer.
If the Trader has reasonable doubts as to whether the Buyer is able and willing to comply with the purchase agreement, whether already concluded or yet to be concluded, the Trader shall be entitled to withdraw or refuse an order or request, or to enter into the purchase agreement under special conditions. In that context, the Trader shall be free to require additional security and, if such security is refused, not to enter into the purchase agreement and/or to withdraw the offer.
The Trader shall not be liable for printing and typesetting errors. In such case, the Trader shall also not be obliged to perform the purchase agreement in accordance with those printing and typesetting errors.
When purchasing goods, a Consumer has the option to withdraw from the agreement without giving reasons during a period of 14 days after delivery of the item.
During the Cooling-off period, a Consumer undertakes to handle the delivered item and all accessories with care. When inspecting the delivered item, a Consumer shall not go beyond what is strictly necessary to assess whether they wish to exercise their right of withdrawal.
A Consumer who exercises their right of withdrawal shall return the item to the Trader with all delivered accessories and, as far as possible, in its original condition. When returning the item, a Consumer must follow the instructions provided by the Trader.
A Consumer who exercises their right of withdrawal must notify the Trader of this in an unambiguous manner. A Consumer may also use the Model Form stated on the website of Baby Kids BV, babybrezza.nl, nanitnl.nl and emulait.nl. The Trader must then confirm the Consumer’s request immediately.
A Consumer may only claim repayment for the returned item after they have demonstrated that they have returned the item or after the Trader has received the item. In both cases, the Trader must repay all payments received from the Consumer in connection with the performance of the purchase agreement within a period of 14 days.
If a Consumer exercises the right of withdrawal referred to above, the direct costs of returning the item shall be borne by the Consumer. If a Consumer has handled or used an item beyond what was necessary, the Consumer shall be liable for any decrease in value of that item.
In the case of delivery of services, a Consumer has the option to withdraw from the agreement without giving reasons for a period of at least 14 days, starting on the day on which the agreement is concluded.
To exercise their right of withdrawal, a Consumer shall follow the reasonable and clear instructions provided by the Trader in the offer and/or no later than at the time of delivery.
The Consumer’s right of withdrawal is excluded if:
The goods were manufactured or partly modified by the Trader in accordance with the Consumer’s specific specifications.
The goods are of a nature that means they cannot be returned; may spoil or age quickly; have a price that is subject to fluctuations in the financial market over which the trader has no influence; concern individual newspapers or magazines; concern audio and video recordings and computer software of which the Consumer has broken the seal; or concern hygiene products of which the Consumer has broken the seal.
During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the previous paragraph, the Trader may offer products or services with variable prices if these prices are subject to fluctuations in the financial market over which the Trader has no influence. This link to fluctuations and the fact that any stated prices are target prices shall be stated in the offer.
The prices stated in the offer of products or services include VAT.
The delivered item must comply with the agreement. An item does not comply with the agreement if, partly in view of the nature of the item and the statements made by the Trader about the item, it does not have the properties that the Buyer was entitled to expect under the agreement. A Buyer may expect the item to have the properties necessary for normal use and of which the Buyer did not need to doubt the presence, as well as the properties necessary for any special use provided for in the agreement.
A Buyer can no longer rely on the fact that what has been delivered does not comply with the agreement if they have not notified the Trader thereof within a reasonable time after discovering this or after they should reasonably have discovered it. If a Buyer does not complain within a reasonable time, they shall no longer have the right to complain about an alleged defect and, where possible, to invoke remedies.
In the case of a defective item, a Buyer has the right to replacement or repair. In the case of a serious shortcoming that justifies withdrawal, a Buyer has the right to withdraw from the purchase agreement immediately.
The instruction videos and/or advertising statements on the Trader’s website are solely intended to inform the Buyer about the functionality of the goods sold by the Trader. These instruction videos and/or advertising statements do not qualify as a warranty in any form whatsoever.
Warranties provided by the Trader shall lapse if a Buyer makes changes to the delivered goods themselves, has them repaired by third parties, if the delivered goods have been damaged due to the Buyer’s actions or fault, if the Buyer has handled the goods carelessly or contrary to the instructions of the Trader and/or the packaging, or if the defect is wholly or partly the result of regulations imposed or to be imposed by the government with regard to the nature or quality of the materials used.
The Trader shall exercise the greatest possible care when receiving and carrying out orders for products and when assessing requests for the provision of services.
The purchased goods shall be sent by the Trader to the delivery address provided. The Trader is free to refuse an order if a Buyer provides an address to which the Trader, for its own reasons, does not wish to ship. The Trader shall then give the Buyer the opportunity to change the delivery address provided.
The Trader shall send orders with due speed, but no later than within a period of 30 days. The parties may agree on a different shipping period. If shipment is disproportionately delayed or cannot take place for any reason whatsoever, the Trader shall inform the Buyer thereof within a reasonable period.
All delivery periods are indicative. A Buyer cannot derive any rights from any stated periods. Exceeding a period shall not entitle a Buyer to compensation.
If delivery of an ordered item proves impossible, the Trader shall make an effort to provide a replacement item. In that case, the costs of any return shipment shall be borne by the Trader.
A Buyer may terminate an agreement entered into for an indefinite period and intended for the regular delivery of goods, including electricity, or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
A Buyer may terminate an agreement entered into for a definite period and intended for the regular delivery of goods, including electricity, or services at any time at the end of the definite period, subject to the agreed termination rules and a notice period of no more than one month.
An agreement entered into for a definite period and intended for the regular delivery of products, including electricity, or services may not be tacitly extended or renewed for a definite period.
Notwithstanding the previous paragraph, an agreement entered into for a definite period and intended for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a definite period of no more than three months, if the Buyer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period and intended for the regular delivery of products or services may only be tacitly extended for an indefinite period if the Buyer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months if the agreement is intended for the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.
An agreement of limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines, a trial or introductory subscription, shall not be tacitly continued and shall end automatically after the trial or introductory period.
If an agreement has a duration of more than one year, the Buyer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
A Buyer must pay the amounts owed under the purchase agreement to the Trader within a period of 14 calendar days. In the case of the provision of a service, a Buyer is obliged to make payment within a period of 7 days after conclusion of the agreement.
A Buyer has the duty to report inaccuracies in payment details provided or stated to the Trader immediately.
In the event of a complaint, a Buyer shall contact the Trader in accordance with the complaints procedure stated on the website. The Trader is not affiliated with a disputes committee.
If a Buyer and the Trader do not reach agreement on the handling of a complaint, the Buyer is free to apply to the competent subdistrict court.
Agreements between the Trader and a Buyer to which these General Terms and Conditions apply shall be governed exclusively by Dutch law, even if a Buyer resides abroad. The Vienna Sales Convention shall not apply.
Additional provisions or provisions deviating from these General Terms and Conditions may not be to the detriment of a Buyer and must be recorded in writing or in such a way that they can be stored by a Buyer in an accessible manner on a durable medium.
