General terms and conditions
General terms and conditions
Table of contents
Article 1 – DEFINITIONS
Article 2 – APPLICABILITY
Article 3 – PURCHASE AGREEMENT
Article 4 – PAYMENT
Article 5 – RIGHT OF WITHDRAWAL
Article 6 – DISSOLUTION
Article 7 – PRICE
Article 8 – DELIVERY
Article 9 – WARRANTY
Article 10 – COMPLAINTS AND DISPUTES
Article 11 – FORCE MAJEURE
Article 12 – AMENDMENT OF GENERAL TERMS AND CONDITIONS
Article 1 – DEFINITIONS
Baebee Store, located in Alkmaar, Chamber of Commerce number 87875705, is referred to in these terms and conditions as Baebee Store. The other party to Baebee Store is referred to in these terms and conditions as the buyer. The parties are Baebee Store and the buyer jointly. The "agreement" refers to the purchase agreement between the parties.
Article 2 – APPLICABILITY OF GENERAL TERMS AND CONDITIONS
These terms and conditions apply to all quotations, offers, agreements and deliveries of services or goods by or on behalf of Baebee Store.
Deviation from these conditions is only possible if this has been expressly agreed in writing by the parties.
Article 3 – PURCHASE AGREEMENT
The distance purchase agreement is concluded through an offer from Baebee Store and acceptance of this offer by the consumer.
The offer is described fully and truthfully by the Baebee Store, including the associated terms and conditions.
Baebee Store informs the consumer of his acceptance of the offer and associated rights and obligations.
Baebee Store will clearly and legibly state in the offer, and at the latest at the beginning of the ordering process, whether any restrictions apply to delivery and which payment methods are accepted.
When concluding the agreement, Baebee Store will provide the consumer with the following information in a clear and comprehensible manner:
the identity, postal and visiting address, telephone number, and email address of Baebee Store;
the main features of the purchase;
the price of the purchase including all taxes and any delivery costs;
the method of payment, delivery and execution, and the associated terms and any costs;
Baebee Store's complaint handling policy;
the conditions, period and modalities for exercising the right of withdrawal, where applicable, the method of returning the purchase and, where applicable, the reimbursement of costs, as well as the model withdrawal form;
a reminder of the existence of the legal guarantee that the purchase must comply with the agreement, and any assistance to the consumer after purchase;
Article 4 – PAYMENT
The full purchase price is always paid immediately in the webshop. If the consumer does not pay on time, they are in default. If the buyer remains in default, Baebee Store is entitled to suspend its obligations until the buyer has fulfilled their payment obligation.
If the buyer defaults, Baebee Store will proceed with collection. The costs associated with this collection will be borne by the consumer. These collection costs are calculated based on the Decree on Compensation for Out-of-Court Collection Costs.
In the event of liquidation, bankruptcy, seizure or suspension of payment of the consumer, Baebee Store's claims on the buyer are immediately due and payable.
If the consumer refuses to cooperate with Baebee Store in carrying out the order, he is still obliged to pay the agreed price to Baebee Store.
Article 5 – RIGHT OF WITHDRAWAL
The consumer has a 14-day reflection period from the date the agreement is concluded to cancel the agreement without giving any reason.
The cooling-off period starts on the day after the consumer receives the product.
If the purchase consists of multiple products, the cooling-off period commences on the day after the consumer has received the last product.
If the product is delivered in multiple shipments, the cooling-off period commences on the day after the consumer has received the last product.
The above shall not apply if the product is received by a third party designated by the consumer.
For withdrawal, the consumer can use the withdrawal form provided by Baebee Store, or another unambiguous statement to that effect to Baebee Store.
During the cooling-off period, the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the unused and undamaged product with all accessories supplied and – if reasonably possible – in the original shipping packaging to Baebee Store, in accordance with the reasonable and clear instructions provided by Baebee Store.
Article 6 – DISSOLUTION
If the consumer exercises the right of withdrawal referred to in the previous article within the cooling-off period, and has informed the entrepreneur of this by means of the model cancellation form provided by Baebee Store, or another unambiguous statement to that effect, the agreement between the parties will be dissolved.
After termination, Baebee Store will immediately, but within 14 days after receipt of the amount referred to in paragraph 1 of this article, reimburse all payments received from the consumer, with the exception of shipping costs, in the same manner as used by the consumer to pay for the purchase, unless the consumer has expressly agreed to another free of charge payment method.
If the purchase has already been delivered or is to be delivered, the consumer must return the purchase in good condition to Baebee Store without delay after cancellation, but within 14 days after issuing the notice referred to in paragraph 1 of this article.
The costs for returning the purchase are borne by the consumer, unless Baebee Store has failed to inform the consumer that these costs are borne by him.
Article 7 - PRICE
All prices listed are in euros and include VAT. If delivery or administration costs are charged, these will be stated separately.
The price quoted refers exclusively to the items as described in the text. The accompanying photos are decorative and may contain elements that are not included in the price.
Article 8 – DELIVERY
Baebee Store ensures that the purchase is delivered with care to the location specified by the consumer as the delivery address.
The risk associated with delivery rests with the entrepreneur until the moment of delivery to the consumer or a third party designated by the consumer, unless expressly agreed otherwise.
The consumer must ensure that delivery can take place on time.
Shipping costs within the Netherlands are €5.75 per order. Shipping costs per order within the EU depend on the country, but will not exceed €14.
Delivery will take place without delay, but within 30 days after the conclusion of the agreement, unless a different delivery time has been agreed and/or stated in the offer.
If the agreed delivery time is exceeded, the consumer is entitled to terminate the agreement without costs.
In the event of cancellation in accordance with the previous paragraph, and the purchase price has already been paid in full or in part by the consumer, Baebee Store will immediately refund the amount paid, with the exception of shipping costs.
Article 9 - WARRANTY
Baebee Store ensures that every purchase meets the specifications of the offer and the reasonable requirements for normal use.
Any warranty provided by Baebee Store does not affect the scope of the statutory warranty.
The above warranties do not apply in the event of normal wear and tear or damage caused by culpable improper use or negligence in the maintenance of the purchase by the consumer.
Article 10 – COMPLAINTS AND DISPUTES
Dutch law applies to every agreement between the parties.
Baebee Store has a consumer-accessible complaints handling procedure.
If the consumer has a complaint, this complaint must be communicated to the Baebee Store immediately and clearly described.
Baebee Store will respond to complaints within 14 days.
In the event of an unresolvable complaint, it can also be submitted to the competent court.
The Dutch court in the district where Baebee Store is located has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.
If one or more provisions of these general terms and conditions are deemed to be unreasonably onerous in legal proceedings, the remaining provisions will remain in full force.
Article 11 – FORCE MAJEURE
If Baebee Store is unable to fulfil its obligations under the agreement, or is unable to fulfil them in a timely manner, or is unable to fulfil them properly due to force majeure, it will not be liable for any damages suffered by the consumer.
Force majeure shall be understood by the parties to mean, in any event, any circumstance which Baebee Store could not have taken into account at the time of entering into the agreement and as a result of which the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or threat of war, civil war and riot, molestation, sabotage, terrorism, power failure, flooding, earthquake, fire, occupation of a company, strikes, lockouts, changed government measures, transport difficulties and other disruptions in the business of Baebee Store.
Furthermore, the parties understand force majeure to mean the circumstance that suppliers on which Baebee Store depends for the performance of the agreement do not meet their contractual obligations towards Baebee Store, unless this is attributable to Baebee Store.
If a situation as described above arises as a result of which Baebee Store cannot fulfill its obligations to the consumer, those obligations will be suspended for as long as Baebee Store cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to terminate the agreement in writing, in whole or in part.
If the force majeure lasts longer than three months, the consumer has the right to terminate the agreement with immediate effect. Termination is only possible by registered letter.
Article 12 - AMENDMENT OF GENERAL TERMS AND CONDITIONS
Baebee Store is entitled to amend or supplement these general terms and conditions.
Minor changes may be made at any time.
Baebee Store will discuss major content changes with the consumer in advance as much as possible.
Consumers are entitled to terminate the agreement in the event of a material change to the general terms and conditions.
Baebee Store, November 2022