General Terms and Conditions
These General Terms and Conditions apply to all orders and delivery agreements entered into with Dutch Baby Shop.
Please read these General Terms and Conditions carefully before ordering anything from Dutch Baby Shop!
Article 1 Definitions
- Dutchbabyshop.com is a website of Dutch Expat Shop, holding office in Aarle-Rixtel.
- Dutch Expat Shop, as well as all its subsidiaries, to the extent they enter into delivery agreements under applicability of these General Terms and Conditions, including in any case but not limited to:
Dutch Baby Shop (part of Dutch Expat Shop B.V.)
5735 BG Aarle-Rixtel
Chamber of Commerce: 58349286
VAT identification number: NL.1655.93.349.B.01
- Customer: an individual or legal entity entering into a delivery agreement Dutch Baby Shop.
- Delivery agreement: an agreement to deliver one or more products from Dutch Baby Shop.
- Product: a physical item which constitutes the subject of the delivery agreement.
Article 2 Applicability
- These General Terms and Conditions are applicable to all offers, orders and delivery agreements between the Customer and Dutch Baby Shop, to the extent that there is no expressed and written deviation from these General Terms and Conditions from the part of either party.
- By entering into a delivery agreement, the Customer declares that he or she has read and understood the Terms and Conditions of Dutch Baby Shop. The General Terms and Conditions are freely accessible for everyone visiting the website of Dutch Baby Shop. A written copy of these General Terms and Conditions will be sent to the Customer upon request.
- From the contents of these General Terms and Conditions can only be deviated by means of a written agreement between Dutch Baby Shop and the Customer. In such a case, the provisions in these General Terms and Conditions - that have not been altered - will remain in vigor undiminished.
- Dutch Baby Shop retains the right at all times to modify these General Terms and Conditions and the content of the website. Necessary modifications will be announced on the website of Dutch Baby Shop. Starting from the date of entry into force, the modified General Terms and Conditions will be applicable to all existing and future delivery agreements, even when they have been entered into before the modification of the General Terms and Conditions.
- In case one or more provisions in these General Terms and Conditions are in contravention of imperative law, the provision in question will be replaced by a provision admissible by law, keeping as close as possible to the meaning of the repealed provision.
Article 3 Offers and delivery agreements
- All offers are free of engagement and are done in writing, as long as supplies last. A date is added to any offer and therefore, all offers are determinable by date. When a product is unexpectedly not available, an equivalent alternative product, which the Customer already ordered, will be added to the order. The Customer will not be informed when a product is not available.
- Dutch Baby Shop is only bound to offers and delivery agreements if they are accepted by the Customer - preferably in writing - within thirty (30) days.
- Dutch Baby Shop cannot be held to its offers and delivery agreements if the Customer, in all fairness and reason and in social and popular opinion, should have understood that the offer or delivery agreement, or part of the agreement, contains any obvious mistake or error.
- When the acceptance differs from the offer, included in the delivery agreement on minor points, Dutch Baby Shop is not bound to it. The delivery agreement will be confirmed without regard to the deviating acceptance, unless Dutch Baby Shop has decided otherwise.
- A compound quotation does not oblige Dutch Baby Shop to deliver part of the products included in the offer or delivery agreement at a corresponding part of the indicated price.
Article 4 Third parties
- Dutch Baby Shop may employ one or more third parties for the execution of the delivery agreement. In case any third party imposes additional conditions, this will be explicitly mentioned before entering into the delivery agreement.
- All rights and claims conferred to Dutch Baby Shop, as a result of a delivery agreement, are also conferred to third parties employed by Dutch Baby Shop.
- Without prejudice to the provision in paragraph 2, the General Terms and Conditions are only applicable to the relation between Dutch Baby Shop and the Customer, and third parties, who are not included in the delivery agreement, cannot derive any rights.
Article 5 Confirmation
- Dutch Baby Shop will confirm an order within two (2) business days after receiving it, unless Dutch Baby Shop cannot reasonably be expected to honor the delivery agreement with the Customer.
- As soon as Dutch Baby Shop has confirmed the payment of the order, the order will be accepted and executed by Dutch Baby Shop within five (5) business days. If a product should be (temporarily) unavailable, the product will be replaced with a similar product, which the Customer already ordered. The Customer will not be informed when a product is not available. Dutch Baby Shop retains the right to not accept placed orders and as a consequence - for whichever reason - to not confirm the order. Possible reasons for not accepting an order include, but are not limited to: problems with the product stock, problems with the delivery of an order or problems to fill an order. However, also other problems can be a reason to not accept orders.
- Lacking evidence to the contrary, the administration of Dutch Baby Shop serves as proof of the order placed by the Customer and the corresponding payments with Dutch Baby Shop, as well as the deliveries executed by Dutch Baby Shop. Dutch Baby Shop acknowledges that electronic communication can serve as proof. By accepting these General Terms and Conditions, the Customer acknowledges this as well.
Article 6 Prices
- All the prices mentioned on the website of Dutch Baby Shop are in Euros or in other foreign currencies, including the Dutch VAT rate and other taxes and fees, and excluding shipping costs, import taxes and other country-specific fees, unless otherwise noted or agreed upon in writing. Additionally, any VAT paid will not be refunded.
- Any product listed on the website of Dutch Baby Shop is subject to the Dutch VAT rate, except to countries outside the European Union.
- No customs fees or taxes are charged within the European Union for any order products.
- The total amount mentioned on the invoice is final and includes the prices of the ordered products, the processing of the products, the packing materials and the shipping costs.
- Dutch Baby Shop expressly retains the right to modify the prices of the offered products and to correct possible errors, in particular when this is required by legal provisions. If this would disadvantage the Customer, the Customer will be informed by e-mail and the Customer retains the right to cancel the order within the following three (3) business days. Dutch Baby Shop cannot be held responsible for any possible mistakes or typos in its prices or General Terms and Conditions.
Article 7 Delivery
- Dutch Baby Shop will, after accepting the order, package the products within five (5) business days and hand them over to the postal services of DPD or DHL, which will in turn deliver the package with the ordered products to the address as indicated by the Customer on the website. All delivery terms of DPD and DHL apply to the delivery agreement, while the shipping time only starts from the moment the products have been handed over to DPD and DHL.
- If Dutch Baby Shop, for the execution of a delivery agreement, needs more information from the Customer, the delivery time will not start until the Customer has provided Dutch Baby Shop with the necessary information.
- Dutch Baby Shop is not liable for any inaccuracies or ambiguities in the orders or communication of the Customer to Dutch Baby Shop, unless in case of fault or gross negligence on the side of Dutch Baby Shop.
- The shipping time, as indicated on the website of Dutch Baby Shop, is merely an indication, not a guarantee. Packages might be unexpectedly delayed by for example the postal services of DPD or DHL. Dutch Baby Shop does not have any control over these delays and cannot be held liable. Possible delays, caused by customs of the country of destination, are also at the risk of the Customer.
- Dutch Baby Shop has no control over the actions of foreign postal services, nor can it influence international shipments. Dutch Baby Shop does have the possibility to request DPD and DHL, to conduct an investigation into the status or location of a package. This investigation can last up to three (3) months. Dutch Baby Shop may fully reimburse the order, depending on the outcome of the investigation.
- For shipments outside the European Union, the Customer is responsible for any possible import taxes for his or her country. Dutch Baby Shop cannot be held responsible for the confiscation of the products as a result of laws and regulations in the country of destination. The Customer is responsible to contact his or her local tax office beforehand to inform which laws and regulations are applicable. Dutch Baby Shop does not have any influence on this and cannot be held liable.
- When a package is refused at the border and is consequently returned, Dutch Baby Shop will only reimburse the sales value of the products after it has received the products in a correct state. Dutch Baby Shop cannot be held liable if a package is lost during a return shipment as a result of failure by the postal services.
- If during the shipment the packaging is damaged causing a product to perish, the Customer must inform Dutch Baby Shop within 48 hours. In that case, the Customer must not consume the contents of the damaged products. Dutch Baby Shop cannot be held responsible for the consequences if abovementioned advice is ignored by the Customer.
- The Customer is obliged to accept the ordered products at the moment they are available or presented to him or her.
- Dutch vShop cannot be held responsible for any perished product or the passing of an expiration date of any of its products, if the Customer was not able to pick up or accept the products in a timely fashion. Return shipments of expired products to Dutch Baby Shop will be charged to the Customer, if the return shipment is due to incomplete or incorrect shipping information provided by the Customer.
- If the Customer refuses to accept the products or fails to provide instructions or the correct address, the ordered products will be stored at the risk of the Customer. Any additional costs for a second shipment or for the storage of these products will be charged to the Customer.
- All packages are insured. In case a package is lost, an investigation may be started by Dutch Baby Shop with the postal services of DPD or DHL. If this investigation shows that the package has been lost, the Customer is entitled to a full reimbursement. In case of a delay, the Customer is not entitled to a reimbursement.
- Dutch Baby Shop retains the right to exclude products and countries at any moment and without giving any reason.
- Any processing costs will be charged to the Customer.
- Only by explicit request from the Customer, Dutch Baby Shop shall send a separate invoice to an address specified by the Customer.
Article 8 Return shipments
- If the Customer - for whichever reason - wishes to not purchase a product, the Customer retains, within a period of two (2) days, the right to dissolve the delivery agreement without giving any reason. This has to be communicated to Dutch Baby Shop in writing.
- Dissolution is only possible if the product is undamaged, unused and still in its original packaging. To dissolve the agreement, the product in question must be sent back within fifteen (15) days after delivery. The shipping costs for returning the product are to be paid by the Customer.
- The invoiced amount will be - if it has already been paid by the Customer - reimbursed by Dutch Baby Shop within thirty (30) days after receiving the declaration of dissolution, and only if the product is correctly returned. Reimbursement will be done to the same bank account as the Customer has used for the payment of the product.
- The provisions in this article do not apply to products that do not qualify for reimbursement, such as products or services that are perishable or time-bound.
Article 9 Retention of ownership (transfer of risk)
- The ownership of a product will only be transferred when the Customer has met every provision included in the delivery agreement and concluded with Dutch Baby Shop.
- Without prejudice to the provision in paragraph 1, the transfer of risk concerning a product will only be transferred to the Customer at the moment of delivery.
- The risk of loss or damage of a product, which is the subject of the delivery agreement, is only transferred to the Customer at the moment of legal and actual delivery to the Customer and the product is placed in the care of the Customer or a third party specified by the Customer.
Article 10 Guarantees
- Dutch Baby Shop makes no warranties. However, Dutch Baby Shop will, if the Customer can reasonably prove (i.e. with the aid of photographic material) that the product did not live up to the expectations of the delivery agreement, depending on whether it is possible and applicable, reimburse the invoiced amount for the product in question (if and insofar it has been paid by the Customer).
- Dutch Baby Shop guarantees that the delivered products will not have perished upon delivery and have an expiration date of at least two (2) weeks starting at the day of delivery. Dutch Baby Shop will do everything possible to ensure that the ordered products are processed as quickly as possible, to ensure that the products meet the description on the website at the time of the order. It is possible that the products do not 100% physically resemble the images displayed on the website.
- Abovementioned warranty is valid during the conventional expiration period for the products in question or when the products have a “best before” date, if applicable.
- No warranty applies to products that have become unusable due to clear injudicious or incorrect use, or when the Customer or a third party have modified or tried to modify the product without informing Dutch Baby Shop or without written confirmation, or when the products have been used for unintended ends.
- Dutch Baby Shop is not responsible for communicating possible recall actions of manufacturers, but will nonetheless do everything possible to inform the Customer - if possible - as soon as possible by e-mail of such information.
Article 11 Receivings
- The Customer must verify whether the shipment is complete and correct as soon as the ordered products have been delivered, or at least within a reasonable time. The Customer must verify whether the quality as well as the quantity of the delivered products correspond to the delivery agreement, or at least meet the requirements that apply in the ordinary course of trade.
- Any possible visible deviations and/or shortcomings must be communicated within two (2) days by e-mail (email@example.com) to Dutch Baby Shop. Any communication must include the number of the order.
- Any non-visible defect must be communicated to Dutch Baby Shop at the latest within five (5) days after discovery, however within the warranty period (or before the conventional expiration date), with due consideration of the provision in the previous paragraph of this article. After the expiration of the warranty period, Dutch Baby Shop retains the right to invoice any costs for the replacement - including administrative and shipping costs - to the Customer.
- If the Customer - under the abovementioned provisions - filed a complaint in a timely fashion, the Customer remains obliged to fulfill his payment obligations for the ordered products. When the Customer wishes to return the ordered products, the Customer has to contact Dutch Baby Shop first. The products must be returned at the Customer's own expenses, and only if Dutch Baby Shop has given written consent.
Article 12 Complaints
- In case the ordered products do not meet the expectations of the Customer as a result of a defect, damages or a wrong shipment, the Customer must notify Dutch Baby Shop within two (2) days after delivery of the ordered products. When Dutch Baby Shop has not received a complaint from the Customer within the mentioned term, any shipment will be considered done in accordance with the placed order.
Article 13 Payment
- Payments can be done through iDeal, Visa, Mastercard, PayPal, AliPay, Banksofort, Mr Cash, American Expres or through bank transfers. Processing and shipping of the ordered products will be done when the Customer has paid the complete amount of the invoice.
- When the Customer chooses for a bank transfer, the products ordered by the Customer will be reserved for eight (8) days. Upon receiving the amount on the invoice on the bank account of Dutch Baby Shop, the ordered products will be shipped to the Customer as soon as possible. The legality of the delivery agreement expires if no payment is received within the determined term.
Article 14 Copyrights
- Dutch Baby Shop retains all rights and responsibilities resulting from the applicable copyright laws.
- Dutch Baby Shop is the owner and license holder of all copyrights, data files, applications, brand names and other intellectual properties that are part of this website. As a result, the structure, layout and design are exclusive property of Dutch Baby Shop.
- The Customer is not allowed to duplicate, download and/or publish the name, content and/or layout of Dutch Baby Shop in any way, unless with prior consent from Dutch Baby Shop itself.
Article 15 Disclaimer
- The Customer will safeguard Dutch Baby Shop against claims by third parties in relation to the rights of intellectual property concerning the supplied materials and/or information which will be used during the execution of the delivery agreement.
- If the Customer provides Dutch Baby Shop with data carriers, electronic files and/or software, the Customer must guarantee that the data carriers, electronic files and software are free of viruses and defects.
Article 16 Liability
- When a product, which is supplied by Dutch Baby Shop, is not in the correct state, the liability of Dutch Baby Shop to the Customer is limited to the provisions in these General Terms and Conditions as stated in article 11.
- In case a manufacturer of the supplied products is liable for consequential damages, the liability of Dutch Baby Shop is limited to the replacement of the products or a full reimbursement of the purchase price.
- The Customer is personally responsible for his or her choice of products and the registering thereof. Dutch Baby Shop is not liable when any damages occur due to intent, fault or culpable conduct, or due to injudicious or improper use by the Customer.
Article 17 Force majeure
- In case of force majeure at the side of Dutch Baby Shop, Dutch Baby Shop retains the right to suspend the execution of the delivery agreement for as long as these circumstances remain, and even - at the discretion of Dutch Baby Shop - completely or partially dissolve the delivery agreement. In these General Terms and Conditions, force majeure is considered the same circumstances as legally and jurisprudentially understood, meaning any outside causes - foreseeable or unforeseeable - such as failure to delivery from any supplier or other relations of Dutch Baby Shop, strikes, (unforeseeable) government measures, custom handlings, (concrete threats of) terror attacks or war, fire, natural disasters, as well as any other situation on which Dutch vShop does not have any final control, causing Dutch Baby Shop to not be able to fulfill its obligations.
- Neither Dutch Baby Shop nor the Customer are obliged to comply with any obligation if they are impeded by abovementioned circumstances if these are not due to fault and they are held to responsible neither by law, nor by legal act or by common opinion.
- Dutch Baby Shop also retains the right to invoke force majeure, when circumstances - as described above - occur after Dutch Baby Shop should have fulfilled its obligations.
- In case of force majeure, Dutch Baby Shop is not obliged to compensate the Customer for any incurred costs or damages.
Article 18 Privacy
- When entering into a delivery agreement and during the execution thereof, Dutch Baby Shop will gather personal information of the Customer. This information will be entered in its customer database. Any use of the information, provided by the Customer, must be done in accordance with the applicable Dutch privacy laws. In the Privacy statement of Dutch Baby Shop, there is a detailed description of how Dutch Baby Shop treats the personal information of a Customer and how someone can obtain access to this information or how someone can object to the use of this information.
- The information of the Customer will not be given to any third party without the explicit consent of the Customer, unless this is considered necessary for the execution of the delivery agreement.
Article 19 Disputes
- The judge for the business location of Dutch Baby Shop is exclusively competent concerning any disputes, unless the dispute supersedes his jurisdiction and it has to be passed on to the district court. This notwithstanding, Dutch Baby Shop retains the right to submit any dispute to the by law competent judge.
Article 20 Applicable law
- Each delivery agreement and these General Terms and Conditions are subject only to Dutch law.
- The original Dutch version of the General Terms and Conditions prevails over any translation thereof.