TERMS AND CONDITIONS
Definitions In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise or the context indicates otherwise:a. Tom's Babycare : the user of these general terms and conditions: Tom's Babycare located at Duvelkenshoeve 30 in (5708 VS) Helmond, registered with the Chamber of Commerce under Chamber of Commerce number 58354743 , with the email address firstname.lastname@example.org. ;b. customer: any natural person who enters into an agreement with Tom's Babycare via the website;c. agreement: the distance contract between the customer and Tom's Babycare ;d. product: the product delivered by Tom's Babycare;e. website: the website operated by Tom's Babycare.
ARTICLE 2 GENERAL
2.1 Any deviations from these general terms and conditions shall only be valid if expressly agreed upon in writing or electronically.
2.2 If one or more of the provisions of these terms and conditions are null and void or may be annulled, the remaining provisions of these terms and conditions will remain fully applicable. Tom's Babycare and the customer will then enter into consultation to agree on new provisions to replace the void or voided provisions, whereby, if and as much as possible, the purpose and meaning of the original provision will be observed.
ARTICLE 3 OFFERS AND QUOTATIONS
3.1 The range of products offered on the website is subject to change.
3.2 On the website, in catalogs and mailings, an attempt is made to ensure that the images correspond as closely as possible to reality. Obvious typographical and pictorial errors are reserved.
3.3 The prices listed for the products offered are in euros including VAT and excluding shipping costs.
3.4 Offers do not automatically apply to future orders.
3.5 In the event of temporary promotional offers, Tom's Babycare is only obliged to deliver in accordance with the price specified for the promotion if Tom's Babycare is actually able to deliver within the limit applicable for the promotion and always as long as stocks last. If the product is sold out within the action period or can no longer be delivered within the action period, no claim can be made to the special action price.
ARTICLE 4 FORMATION OF THE AGREEMENT
4.1 The agreement is established at the time of acceptance by the customer of the offer and the fulfillment of the conditions set forth therein.
4.2 If the customer has accepted the offer electronically, Tom's Babycare will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the customer can dissolve the agreement.
ARTICLE 5 PRICE INCREASE
5.1 If the prices for the products offered increase after the conclusion of the agreement, the customer is authorized to terminate the agreement by the day on which the price increase takes effect.
5.2 Price increase after the conclusion of the agreement is permitted if the price increase is due to an increase in sales tax or other legal measure.
Article 6 Deliveries and delivery periods
6.1 The delivery periods specified by Tom's Babycare are not to be regarded as strict deadlines.
6.2 If Tom's Babycare is unable to deliver the ordered products within 30 days of the order, Tom's Babycare will contact the customer. In such a case, a new delivery date will be agreed with the customer or the customer can dissolve the agreement. If the customer dissolves the agreement, Tom's Babycare will refund amounts already paid within 30 days after the dissolution.
6.3 The ordered products will be shipped to the address provided by the customer, until the customer has provided Tom's Babycare and new address.
6.4 The amount of shipping costs will be stated separately on the website prior to the time of ordering.
6.5 Once the products to be delivered have been delivered to the customer at their destination, the risk where these products are concerned shall pass to the customer.
ARTICLE 7 PAYMENT
7.1 For payment, we use a payment provider, which is responsible for handling the payment.
Article 8 Dissolution of the agreement by the customer
8.1 The customer has the right during 7 working days after receiving the product to dissolve the agreement without giving reasons and to return the delivered product, provided it is unused, unwashed and provided with its original labels, packaging, etc. Tom's Babycare will refund monies already paid within 30 days after receipt of the product in case of such a dissolution. Upon delivery of the ordered product, the customer will be informed in writing of the right of dissolution mentioned in this article and the requirements for exercising this right.
8.2 If the customer dissolves the agreement in accordance with paragraph 1 of this article, the shipping costs associated with returning the product shall be borne by the customer.
8.3 If the customer has questions about returning products, they can contact Tom's Babycare via:tel: +31(0)492 477606 or via email: email@example.com.
ARTICLE 9 COMPLAINTS PROCEDURE
9.1 Tom's Babycare recommends inspecting the delivered products immediately upon receipt and reporting any defects found within a reasonable period of time.
9.2 Complaints can be reported to: Tom's Babycare via email: firstname.lastname@example.org. When reporting a complaint, the customer must provide their order number to Tom's Babycare.
9.3 Complaints will be handled by Tom's Babycare within 14 days. If settlement of a complaint within the 14-day period is unexpectedly not possible, the customer will be notified of the delay.
9.4 Products recognized by Tom's Babycare as defective will either be repaired or replaced or the purchase price will be credited. The costs associated with the repair or replacement of defective products will be borne by Tom's Babycare if these products have not been used.
ARTICLE 10 WARRANTY
10.1 A warranty period of 12 months applies to all products delivered by Tom's Babycare.
10.2 If damage or defects to a product are caused by:a. normal wear and tear;b. injudicious use;c. improper or non-existent maintenance;d. changes or repairs by the customer or by third parties;e. any government regulation on the nature or quality of the materials used,then the customer cannot make a claim under the warranty.
ARTICLE 11 FORCE MAJEURE
In the event of force majeure, Tom's Babycare will not be obliged to compensate the customer for any damage arising as a result, except and insofar as Tom's Babycare has had an advantage as a result of the force majeure situation which it would not have had in the event of correct performance.
ARTICLE 12 RETENTION OF TITLE
12.1 All products delivered and to be delivered will remain the sole property of Tom's Babycare until all claims Tom's Babycare has or will acquire against the customer have been paid in full.
12.2 As long as ownership of the products has not passed to the customer, the customer may not pledge the products or grant third parties any other right to them.
ARTICLE 13 CONFIDENTIALITY
Both parties are obliged to keep confidential all confidential information they have obtained from each other or from other sources in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if it arises from the nature of the information. The party receiving confidential information shall use it only for the purpose for which it was provided.
ARTICLE 14 INTELLECTUAL PROPERTY RIGHTS
14.1 The customer must fully and unconditionally respect all intellectual property rights vested in the products delivered by Tom's Babycare.
14.2 Without prior written or electronic permission from Tom's Babycare, the customer may not copy, forward, distribute, reproduce or publish any information, texts, logos, brands, trade names and images obtained through the website.
ARTICLE 15 CUSTOMER SERVICE
For questions about orders and the like, the customer can contact Tom's Babycare's customer service. Customer service can be reached via:tel: +31(0)492 477606 or via email: email@example.com.
ARTICLE 16 PERSONAL DATA
16.1 Tom's Babycare will ensure that the collection of the customer's personal data complies with the Personal Data Protection Act.
16.2 Tom's Babycare processes personal data (such as: name, address, e-mail address and telephone number) for the following purposes:a. sending the ordered products;b. managing a customer database.
16.3 Tom's Babycare will never provide personal data to third parties, unless the customer has explicitly given permission to do so.
ARTICLE 17 SECURITY AND THE INTERNET
Tom's Babycare will take appropriate technical and organizational measures to secure the electronic transfer of data in case the customer has accepted the offer electronically. Tom's Babycare will observe appropriate security measures if the customer can pay electronically. In this regard, Tom's Babycare will ensure a secure web environment.
ARTICLE 18 FINAL PROVISIONS
18.1 The version of the general terms and conditions as in force at the time the agreement was concluded shall always apply, unless the customer has accepted the validity of a revised version of the general terms and conditions after the conclusion of the agreement.
18.2 The parties will only appeal to court after they have made every effort to settle a dispute by mutual agreement.
18.3 Dutch law applies to every agreement between Tom's Babycare and the customer.