Overview of general terms and conditions of supply and sale Babyhuys, also trading as Babytrader.
Clause 1. Definitions
All offers, orders and agreements of Babyhuys and/or Babytrader (hereinafter: Babytrader) are subject to these General Terms and Conditions of Sale (hereinafter: Terms and Conditions), with the exclusion of any other general terms and conditions. These Terms and Conditions are filed with the District Court at Almelo under number 16/2008 and upon request shall be provided by seller free of charge. The (overview of the) General Terms and Conditions may also be inspected online at the website www.babytrader.eu.
Clause 2. Applicability
By placing an order with Babytrader, you agree to these Terms and Conditions.
These Terms and Conditions may only be departed from in writing. In such a case, all other provisions of these Terms and Conditions will remain in full force.
Should one or more of the provisions of these Terms and Conditions or any other agreement with Babytrader be contrary to any applicable legal provision, the provision concerned shall be repealed and replaced by a new, similar provision to be set by Babytrader.
All rights and claims stipulated in these Terms and Conditions and in any further agreements for the benefit of Babytrader shall also be available to any intermediaries and other third parties called in by Babytrader.
No rights can be derived from a possible flexible application of these Terms and Conditions by Babytrader.
The Terms and Conditions are stated in the Dutch language and will also be made available as a summary in Dutch, and translated into one or more other languages. The Dutch text will be binding in the event of any differences in interpretation. Clause 3. Offers and agreements
All offers of Babytrader are without prejudice and subject to contract. Babytrader has the right to alter prices, in particular when this is required based on legal regulations.
No agreement shall be concluded until Babytrader has accepted your order. Babytrader has the right to refuse orders stating the grounds or to attach special conditions to the delivery. Should your order be refused, you will be informed thereof within ten (10) working days.
All images of and information about items are approximate only and small variations thereof can never be a reason for compensation and/or termination of the agreement. Clause 4. Right to make changes
You may make changes to your order free of charge prior to sending in your order. Clause 5. Prices and payments
The prices stated for the items and services offered are in Euro, inclusive of VAT and exclusive of shipping costs, unless stated otherwise or otherwise agreed in writing.
You may pay via one of the payment methods offered during the ordering process. Your order may be subject to further (payment/order) terms and conditions. For payment by bank transfer, the date of payment shall be the date on which the payment is credited to Babytrader's account.
If the payment term is exceeded, you are in default of payment as from the day the payment should have been made, and, as from said day, you must pay a default interest of 1 % per month or a part of a month on the outstanding amount. Any collection costs are for your expense and shall amount to at least fifteen percent (15%) of the outstanding amount. Babytrader reserves the right to claim the actual extrajudicial collection costs.
If you fail to pay in full and in time, Babytrader has the right to suspend or terminate the agreement concerned and any agreements related thereto.
In the event of an increase of the prices of the items and services offered in the period between the moment you placed your order and the fulfilment of the order by Babytrader, you have the right to cancel the order or to terminate the agreement within ten (10) days after Babytrader's notification of the price increase.
Clause 6. Delivery
The delivery periods stated and/or agreed by Babytrader are approximate only and shall never be regarded as strict deadlines, unless this is expressly agreed in writing.
The delivery periods stated on the website are for information purposes only. You will receive your order expeditiously and no later than within (30) working days, unless stated otherwise by Babytrader. In the latter case, you will be informed hereof in time. Until the time of delivery, you will then have the right to cancel the agreement free of charge. Failure to meet the deadline for delivery, does not give you a right to compensation.
Delivery shall take place at the time the items are delivered to designated address for delivery. The method of packaging, shipping and transport is determined by Babytrader and third parties may be used. Babytrader cannot be held liable for this.
Clause 7. Transfer of risks
The risks with respect to the items shall be transferred to you already at the time of delivery. Clause 8. Retention of title
The ownership of the items delivered shall not be transferred until you have paid the amount due. Clause 9. Intellectual property
You must fully and unconditionally observe all intellectual and industrial property rights attached to items delivered by Babytrader.
Babytrader does not guarantee that the items delivered to you do not infringe upon any intellectual and/or industrial property right of third parties. Clause 10. Specification items
10.1 All items delivered by Babytrader comply with Dutch legislation and regulations, as well as with safety requirements applicable in the Netherlands. Buyer accepts that any requirements, legislation and regulations applicable outside of the Netherlands can never be a ground for termination of the agreement, liability of and/or liability for compensation by Babytrader. Clause 11. Complaints and liability
You must inspect the items delivered immediately after receipt. The buyer must inform Babytrader in writing stating the reasons of any defects in the items immediately, but no later than 8 days following the discovery thereof.
If it is demonstrated that the items do not conform to the agreement, Babytrader has the option to replace said items after the return thereof by new items, or to refund the amount of the invoice including any expense of shipping costs thereof.
All liability for damages is expressly excluded, unless the damage is caused by the intent or gross negligence of any manager of Babytrader. You must also indemnify Babytrader for any claim of third parties.
Any links on Babytrader's websites are included for information purposes only; Babytrader is not responsible for the content of said linked websites.
Babytrader excludes all liability for damage arising from the use of their websites. Babytrader maintains the website but unfortunately cannot guarantee that it is free of viruses and the like. You alone are responsible for the protection against this. Clause 12. Warranties
The warranty period equals the period indicated by the manufacturer of the product. The warranty includes the shipment of replacement parts free of charge, or if necessary, repair or replacement of the item. An item that must be repaired or replaced must be sent to the seller sufficiently packaged and adequately stamped. Within the warranty period, the seller shall return the repaired item free of charge to addresses within the Netherlands. The costs of shipping to foreign addresses shall be calculated on the basis of the cost price. The item must be accompanied by a copy of the invoice or a note stating the number of the invoice. Only when this information is provided with the item, the warranty may be claimed.
No warranty shall be issued in the event of modifications and/or repairs to the item and/or in the event of incorrect use, neglect or damage as a consequence of external causes such as fire, flood, and the like. Clause 13. Orders and communication
Babytrader is not liable for misunderstanding, damage to, delays in or the inadequate transfer of orders and notifications as the consequence of the use of Internet or other means of communication between you and Babytrader, or between Babytrader and third parties, except in the event of intent or gross negligence of Babytrader. Clause 14. Returns
If for one reason or the other, you do not wish to keep an item, you have the right to return the item within seven (7) working days after delivery to Babytrader and to terminate the agreement. In this case returns are only accepted if the packaging of the item is not damaged. If you had already paid for the item concerned, the amount shall be refunded by Babytrader no later than within thirty (30) days. The direct costs of returning the item are for your expense. Clause 15. Force majeure
In the event of force majeure, Babytrader has the right to suspend or terminate the order by informing the buyer hereof in writing. Clause 16. Personal data
The customers' personal data shall be included in a file that is solely used to fulfil the order and send any news letters if you have subscribed thereto. Clause 17. Applicable law and competent judge
These Terms and Conditions, as well as all rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, are solely subject to the law of the Netherlands.
All disputes between parties are solely submitted to a competent judge in the Netherlands.
Clause 18. Disclaimer
The prices, percentages and rates indicated on the website www.babytrader.eu shall apply subject to errors and may be altered by seller at all times. You cannot derive any rights from any prices, percentages and rates stated incorrectly by mistake. Babytrader can in no way be held to said prices, percentages and rates.
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