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Private / B2B

Terms and Conditions


 

Table of contents:

Article   1 - Definitions

Article   2 - Identity of the business owner

Article   3 - Applicability

Article   4 - The offer

Article   5 - The agreement

Article   6 - Right of withdrawal

Article   7 - Costs in case of withdrawal

Article   8 - Exclusion of right of withdrawal

Article   9 - The price

Article 10 - Conformity and warranty

Article 11 - Delivery and execution

Article 12 - Duration transactions: duration, cancellation and extension

Article 13 - Payment

Article 14 - Complaints procedure

Article 15 - Disputes

Article 16 - Additional or different terms

 

Article 1 - Definitions

In these conditions the following terms have the following meanings:

  1. Reflection period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance contract with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
  5. Durable medium: any means that enables the consumer or business owner to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information;
  6. Right of withdrawal: the option for the consumer to cancel the distance contract within the withdrawl period;
  7. Business owner: the natural or legal person who offers products and / or services to consumers from a distance;
  8. Distance contract: an agreement whereby, in the context of a system organized by the entrepreneur for the distance sale of products and / or services, up to and including the conclusion of the agreement, only one or more techniques are used for remote communication;
  9. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur being together in the same room at the same time.
  10. AGeneral Terms and Conditions: the present General Terms and Conditions of the business owner.

 

Article 2 - Identity of the business owner

b-boo baby & lifestyle GmbH
Tackenweide 54
46446 Emmerich am Rhein
Germany

Phone number: 0049 (0)2822 8361
E-mailadress: info@meycobaby.com
Handelskammer Nr. Amtsgericht Kleve: HRB11935
VAT identification number: DE286367961

 

Article 3 - Applicability

  1. These general terms and conditions apply to any offer from the business owner and to any distance contract concluded between the business owner and the consumer.
  2. 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed at the business owner and that they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, by way of derogation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that they can be can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or destroyed, then the agreement and these terms and conditions will remain in force and the relevant provision will be immediately replaced by a provision that approximates the scope of the original as closely as possible.
  6. Situations that are not regulated in these general terms and conditions, should be assessed ‘to the mind’ of these general terms and conditions.
  7. Uncertainties about the explanation or content of één or multiple provisions of our terms and conditions, should be explained ‘to the mind’ of these general terms and conditions.

 

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The business owner is entitled to change and adapt the offer.
  3. 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 make a proper assessment of the offer. If the business owner uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer are not binding for the business owner.
  4. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:
    • the price including taxes;
    • the possible costs of delivery;
    • the way in which the agreement will be concluded and which actions are required for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and implementation of the agreement;
    • dthe term for accepting the offer, or the term within which the business owner guarantees the price;
    • the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
    • whether the agreement will be filed after the conclusion, and if so, how it can be consulted by the consumer;
    • the way in which the consumer, before concluding the agreement, can check the information provided by him under the agreement and, if desired, restore it;
    • any other languages in which, in addition to Dutch, the agreement can be concluded;
    • the behavioral codes to which the business owner is subject and the way in which the consumer can consult these behavioral codes electronically; and
    • the minimum duration of the distance contract in the event of an extended transaction.
    • available sizes, colors, type of materials.
  5. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
  6. Images accompanying products are a true representation of the products offered. The business owner cannot guarantee that the displayed colors exactly match the real colors of the products.

 

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the business owner will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the business owner, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the business owner will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the business owner will take appropriate security measures.
  4. The business owner can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the business owner has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.
  5. The business owner will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    • the visiting address of the business location of the business owner where the consumer can go with complaints;
    • the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    • information about guarantees and existing after-sales service;
    • the information included in article 4 paragraph 3 of these terms and conditions, unless the business owner has already provided this information to the consumer prior to the execution of the agreement;
    • the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
  6. In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
  7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

 

Article 6 - Right of withdrawal

  1. When purchasing products, the consumer has the option to dissolve the contract without giving any reason within 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the business owner.
  2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories and - if reasonably possible - in the original condition and packaging to the business owner, in accordance with the reasonable and clear instructions provided by the business owner.
  3. In the event of termination of the agreement, the consumer is obliged to return the products concerned within 14 days. This period starts on the day that the consumer makes it known that he wishes to make use of his right of withdrawal in the method indicated by the business owner.
  4. If, after the expiry of the periods referred to in paragraphs 2 and 3, the customer has not made it known that he wishes to make use of his right of withdrawal resp. the product has not been returned to the entrepreneur, the purchase is a fact.

 

Article 7 - Costs in case of withdrawal

  1. If the consumer makes use of his right of withdrawal, the costs of return will not exceed the cost of the return.
  2. If the consumer has paid an amount, the business owner will refund this amount as soon as possible, but no later than 30 days after the withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be submitted. Refunds will be made by bank transfer to the IBAN number indicated on the return form.
  3. In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
  4. The consumer cannot be held liable for a decrease in value of the product if the business owner has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.
  5. If the Consumer returns the entire order, all payments made by the consumer will be reimbursed, including any shipping costs.
  6. If the consumer keeps one or more items out of the order, the consumer will only get back the costs of the rest of the order, not the shipping costs.

 

Article 8 - Exclusion of right of withdrawal

  1. The business owner can exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the business owner has clearly stated this in the offer, at least in time for the conclusion of the agreement.
  2. exclusion of the right of withdrawal is only possible for products:
    • that have been created by the business owner in accordance with the consumer's specifications;
    • that are clearly personal in nature;
    • that cannot be returned due to their nature;
    • that can spoil or age quickly;
    • whose price depends on fluctuations in the financial market on which the entrepreneur has no influence;
    • for individual newspapers and magazines;
    • for audio and video recordings and computer software of which the consumer has broken the seal.
    • for hygiene products of which the consumer has broken the seal.
  3. Exclusion of the right of withdrawal is only possible for services:
    • concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
    • the delivery of which commenced with the express consent of the consumer before the reflection period has expired;
    • concerning bets and lotteries.

 

Article 9 - The price

  1. 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.
  2. Contrary to the previous paragraph, the business owner can offer products or services whose prices are subject to fluctuations in the financial market and over which the business owner has no influence, at variable prices. This link to fluctuations and the fact that any stated prices are target prices are stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the business owner has stipulated this and:
    • they are the result of statutory regulations or provisions; or
    • the consumer has the authority to cancel the agreement on the day on which the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.
  6. All prices are subject to pressure – and typesetting errors. For the consequences of pressure – and no liability is accepted. When busy – and typographical errors, the entrepreneur is not obliged to deliver the product at the wrong price.

 

Article 10 - Conformity and Warranty

  1. The business owner guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the business owner also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the business owner, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the business owner on the basis of the agreement.
  3. Any defects or incorrectly delivered products must be reported to the business owner in writing within 4 weeks after delivery. Return of the products must be in the original packaging and in new condition.
  4. The warranty does not apply if:
  • The consumer has repaired and / or processed the delivered products himself or had it repaired and / or processed by third parties;
  • The delivered products have been exposed to abnormal circumstances or are otherwise handled carelessly or are contrary to the instructions of the business owner and / or have been treated on the packaging;
  • The inadequacy is wholly or partly the result of regulations that the government has made or will make with regard to the nature or the quality of the materials used.

 

Article 11 - Delivery and execution

  1. The business owner will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer makes known to the company.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously, but no later than 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with the previous paragraph, the business owner will refund the amount that the consumer has paid as soon as possible, but no later than 30 days after dissolution.
  6. If delivery of an ordered product proves impossible, the business owner will endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the business owner.
  7. The risk of damage and / or loss of products rests with the business owner until the moment of delivery to the consumer or a pre-designated representative made known to the business owner, unless expressly agreed otherwise.

 

Article 12 - Duration transactions: duration, cancellation and extension

Termination

  1. The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time with due observance of the agreed cancellation rules and a notice period of no more than one month.
  2. The consumer can terminate an agreement that has been entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time by the end of the specified term, with due observance of the agreed cancellation rules and a notice period of at least highest one month.
  3. The consumer can the agreements mentioned in the previous paragraphs:
    • a specific time or in a specific period;
    • at least cancel in the same way as they entered into by him;
    • always cancel with the same notice period as the business owner has stipulated for himself.

Extension

  1. An agreement that has been entered into for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or renewed for a specified period.
  2. Contrary to the previous paragraph, a contract that has been entered into for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly renewed for a fixed period of a maximum of three months, if the consumer opposes this extended agreement. can cancel the end of the extension with a notice period of no more than one month.
  3. A contract that has been entered into for a definite period and that extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month and one month. notice period of no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
  4. An agreement with a limited duration for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

  1. If an agreement has a duration of more than one year, the consumer may cancel 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 the agreed duration.

 

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in Article 6 paragraph 1. In the event of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.
  2. When selling products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. When prepayment has been stipulated, the consumer cannot assert any rights whatsoever with regard to the execution of the order or service (s) before the stipulated prepayment has been made.
  3. The consumer has the duty to report inaccuracies in provided or stated payment details to the business owner without delay.
  4. In the event of non-payment by the consumer, the business owner has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

 

Article 14 - Complaints procedure

  1. The business owner has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be submitted to the business owner promptly, fully and clearly described, after the consumer has discovered the defects.
  3. Complaints submitted to the business owner will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the business owner will reply within 14 days with a confirmation of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
  5. A complaint does not suspend the business owner's obligations, unless the business owner indicates otherwise in writing.
  6. If a complaint is found to be well-founded by the business owner, the business owner will replace or repair the delivered products free of charge, at his discretion.

 

Article 15 - Disputes

  1. Only Dutch law applies to agreements between the business owner and the consumer to which these general terms and conditions apply.
  2. In the event of disputes, the consumer can turn to Stichting WebwinkelKeur, which will mediate free of charge. If a solution is not yet reached, the consumer has the option to have his complaint handled by Stichting GeschilOnline, the decision of which is binding and both business owner and consumer agree with this binding decision.

 

Article 16 - Additional or different terms

Additional provisions or provisions deviating from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.