General terms and conditions
Definitions In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise or unless the context indicates otherwise: a. Tom’s Babycare : the user of these general terms and conditions: Tom’s Babycare established at Duvelkenshoeve 30 in (5708 VS) Helmond, registered with the Chamber of Commerce under Chamber of Commerce number 58354743, with the e-mail address email@example.com. b. customer: every natural person who enters into an agreement with Tom’s Babycare via the website; c. agreement: the remote agreement between the customer and Tom’s Babycare; d. product: the product delivered by Tom’s Babycare; e. website: the website managed by Tom’s Babycare.
Article 2 GENERAL
2.1 Any deviations from these General Terms and Conditions are only valid if they have been explicitly agreed in writing or electronically.
2.2 In the event that one or more of the provisions of these General Terms and Conditions are invalid or may be annulled, the remaining provisions of these General Terms and Conditions will remain fully applicable. Tom’s Babycare and the Customer will then consult with each other to agree on new provisions to replace the void or voided provisions, whereby, if and as far as possible, the purpose and meaning of the original provision will be taken into account.
Article 3 OFFERS AND QUOTATIONS
3.1 The product range offered on the website is subject to change.
3.2 On the website, in catalogues and mailings an effort is made to ensure that the images correspond to reality as closely as possible. Obvious typing and picture errors are reserved.
3.3 The prices mentioned for the offered products are in Euros including VAT and excluding shipping costs.
3.4 Offers do not automatically apply to future orders.
3.5 In case of temporary promotional offers, Tom’s Babycare is only obligated to deliver in accordance with the price indicated for the promotional offer if Tom’s Babycare is actually able to deliver within the applicable time limit for the promotional offer and always insofar as stocks still exist. 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 AGREEMENT
4.1 The agreement is concluded upon the customer’s acceptance of the offer and the fulfilment of the conditions specified.
4.2 If the Customer has accepted the offer electronically, Tom’s Babycare will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed, the customer can dissolve the agreement.
Article 5 PRICE CHANGE
5.1 If the prices for the offered products increase after the conclusion of the agreement, the customer is authorised to terminate the agreement on the day the price increase takes effect.
5.2 Price increases after the conclusion of the agreement are allowed if the price increase is the result of an increase in sales tax or another legal measure.
Article 6 Deliveries and delivery times
6.1 The delivery periods indicated by Tom’s Babycare are not to be regarded as strict deadlines.
6.2 In case Tom’s Babycare cannot deliver the ordered products within 30 days after the order was placed, Tom’s Babycare will contact the customer. In such a case, a new delivery date will be agreed with the customer or the customer may dissolve the contract. In case the customer dissolves the contract, Tom’s Babycare will refund already paid amounts 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 with a new address.
6.4 The amount of the shipping costs will be stated separately on the website, prior to ordering.
6.5 As soon as the products to be delivered have been delivered to the customer at the destination, the risk regarding these products is transferred 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 client
8.1 The Customer has the right during 7 working days after receiving the product to dissolve the agreement without giving any reason and to return the delivered product, provided it is unused, unwashed and provided with its original labels, packaging, etc. In the event of such a dissolution, Tom’s Babycare will refund any money paid within 30 days of receipt of the product. Upon delivery of the ordered product, the customer will be notified 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 according to section 1 of this article, the shipping costs associated with returning the product will be borne by the customer.
8.3 If the Customer has any questions about returning products, the Customer can contact Tom’s Babycare via:tel: +31(0)492 477606 or via e-mail: firstname.lastname@example.org.
Article 9 COMPLAINT RULES
9.1 Tom’s Babycare recommends to inspect the delivered products immediately upon receipt and to report any defects found within a reasonable period of time.
9.2 Complaints can be reported to: Tom’s Babycare by e-mail: email@example.com. When reporting a complaint, the Customer must provide Tom’s Babycare with its order number.
9.3 Tom’s Babycare will resolve complaints within 14 days. In the unlikely event that it is not possible to settle a complaint within the period of 14 days, the customer will be notified of the delay.
9.4 Tom’s Babycare will either repair or replace products that have been recognised as faulty, or will credit the purchase price. 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 GUARANTEE
10.1 A warranty period of 12 months applies to all products supplied by Tom’s Babycare.
10.2 If damage or defects to a product result from:a. normal wear and tear;b. injudicious use;c. non- or incorrectly executed maintenance;d. alterations or repairs by the Customer or by third parties;e. any government regulation regarding the nature or the quality of the applied materials, the Customer cannot invoke the warranty.
Article 11 FORCE MAJEURE
In case of force majeure Tom’s Babycare is not obliged to compensate the customer for any damage, except and insofar as Tom’s Babycare, as a result of the force majeure, has gained an advantage that it would not have had in case of correct compliance.
Article 12 RETENTION OF OWNERSHIP
12.1 All delivered and yet to be delivered products remain the exclusive property of Tom’s Babycare, until all claims Tom’s Babycare has or will obtain against the customer have been paid in full.
12.2 As long as the ownership of the products has not been transferred to the customer, the customer may not pledge the products or grant third parties any other right thereto.
Article 13 CONFIDENTIALITY
Both parties are obliged to keep all confidential information they have obtained from each other or from another source in the context of their agreement confidential. Information is considered to be confidential if the other party has indicated this or if this follows from the nature of the information. The Party receiving confidential information shall only use it for the purpose for which it has been provided.
Article 14 INTELLECTUAL PROPERTY RIGHTS
14.1 The Customer must fully and unconditionally respect all intellectual property rights attached to the products delivered by Tom’s Babycare.
14.2 Without the prior written or electronic consent of Tom’s Babycare, the Customer is not allowed to 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 such, the Customer can contact Tom’s Babycare’s Customer Service. The customer service can be reached via:tel: +31(0)492 477606 or via e-mail: firstname.lastname@example.org.
Article 16 PERSONAL DATA
16.1 Tom’s Babycare ensures that the collection of the Customer’s personal data complies with the Dutch 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. dispatch of the ordered products; b. management of a customer database.
16.3 Tom’s Babycare never provides personal details to third parties, unless the Customer has given explicit permission to do so.
Article 17 SECURITY AND INTERNET
Tom’s Babycare will take appropriate technical and organisational measures to secure the electronic transmission of data in case the Customer has accepted the offer electronically. Tom’s Babycare will take appropriate security measures in case the customer is able to pay electronically. In that respect, Tom’s Babycare will provide a secure web environment.
Article 18 FINAL PROVISIONS
18.1 The version of the General Terms and Conditions as applicable at the time of the conclusion of the agreement is always applicable, 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 the courts after they have made every effort to settle a dispute by mutual consultation.
18.3 Dutch law is applicable to every agreement between Tom’s Babycare and the Customer.