These General Conditions for the Puckababy B.V. web shop take effect as of 1 January 2018.
Article 1 - Definitions
These conditions define the terms below as follows:
1. Entrepreneur: the legal entity that offers products to consumers;
2. Consumer: the natural person who, not acting in a professional capacity or as a company, orders products via the Puckababy B.V. web shop (www.puckababy.com);
3. Agreement: the agreement concluded at a distance between the Consumer and the Entrepreneur;
4. Payment provider: a to be mentioned agency, that comes into view whenever the Consumer chooses to pay for products purchased via the web shop after the fact.
Article 2 - Entrepreneur's identity
Address: Dr. Rauppstraat 10, 5571 CG BERGEIJK, The Netherlands
Telephone number: +31(0)85-2100174
Chamber of Commerce registration number: 28100784
VAT number: NL815919670B01
Article 3 - Applicability
3.1 These general conditions apply to every offering made by the Entrepreneur. That version of the general conditions remains applicable that was in effect at the time of the conclusion of the Agreement, unless the Consumer has accepted a revised version of the conditions after the conclusion of the Agreement.
3.2 Any deviations from these general conditions are valid only if they have been expressly agreed to in writing or electronically.
Article 4 - The offer/price changes
4.1 The offer includes a complete and accurate description of the products offered, such as price, brand, type and size. The description is sufficiently detailed so that the Consumer can make a good assessment of the offering. If the Entrepreneur uses images on its website, in its catalogues and mailings, these are a realistic reflection of the products offered. Manifest mistakes or errors in the offering are not binding to the Entrepreneur.
4.2 Every offering includes such information that it is clear to the Consumer what rights and obligations redound to the acceptance of the offering. In particular, this concerns:
4.3 Discounted offerings do not automatically apply to future orders.
4.4 If the prices for the products on offer increase after the conclusion of the Agreement, then the Consumer is entitled to cancel the Agreement up until the day on which the price increase takes effect, unless the price increase is the result of a governmentally mandated measure.
Article 5 - Promotional actions/discounted offerings
In the instance of promotional actions, the Entrepreneur is bound to the promotional price mentioned on the website or otherwise published only if the products can be delivered during the promotional period (as indicated on the website, for example) and while stocks last.
The Entrepreneur offers the Consumer – after creating an account and in exchange for providing personal data – a savings system. The accumulated savings balance can be exchanged by the Consumer for a maximum period of 2 years after the accrual of the savings credit for an amount determined by the Entrepreneur in money, in products or otherwise and under the conditions to be determined by the Entrepreneur. After 2 years the accrued savings by the Consumer will be cancelled automatically and without advance notice.
If the Entrepreneur decides to terminate the savings system or to offer another savings system, the Consumer can no longer derive rights from his accrued savings. The Entrepreneur is not obliged to announce this decision to the Consumer in advance.
Article 6 - The Agreement
6.1 Subject to the provisions of article 4, the Agreement is concluded the moment the Consumer has accepted the offer of the Entrepreneur and met with the placed conditions. The Entrepreneur will immediately confirm by email the reception of the offer by the Consumer. In the order confirmation it will be described explicitly which products that have been bought via the web shop and their date of delivery.
6.2 The Consumer is responsible for the order he places and therefore should check the Entrepreneur's order confirmation. If the order confirmation is different from the order placed or if it is determined that an erroneous order has been placed, then the Consumer is obligated to notify the Entrepreneur of this immediately.
Article 7 - Forgoing the purchase - Duration of consideration time and Cancellation
7.1 When purchasing products, the Consumer has the possibility of forgoing the purchase within a maximum of fourteen (14) days after he has received the products and without any explanation, as long as the products delivered have not been used in any way whatsoever by the Consumer and these are in the same condition as upon delivery and have the original labels, packaging, etc.
7.2 Outside the term indicated in the previous paragraph, the Consumer is entitled to forgo the purchase if a situation occurs as described in both articles 4.4 and 8.3 of these conditions. The Consumer must issue such request for cancellation to the Entrepreneur within a maximum of ten (10) days, calculated from the date of notification by the Entrepreneur.
7.3 Forgoing the purchase must be done by e-mail (firstname.lastname@example.org) and/or by telephone (+31854010870). The Consumer must supply sufficient information in any case, such as his customer number, invoice number and bank account number so that the order can be traced. The Consumer can use the “Form of Agreement Cancellation”, this form can be downloaded from the website of the Entrepreneur.
7.4 If the purchase is cancelled, the Consumer will be charged no more than the costs connected with the shipment of the products. The amount paid, minus the costs of shipping the products, shall be paid back to the Consumer's account within no more than fourteen (14) days after the date of the cancellation, provided that the Entrepreneur has received the products within the mentioned term. Should the Consumer have chosen to pay via Ideal and/or credit card, then the payment made within the term mentioned shall be credited by intermediary Pay.nl to the Consumer. Should the Consumer have chosen to pay for the products after the fact via the Payment provider, then the Payment provider is responsible for the financial settlement and the Entrepreneur can in no way be made liable for repayment to the Consumer.
Article 8 - Delivery, risk transfer and execution
8.1 Each product ordered by the Consumer will be sent to the (delivery) address indicated by the Consumer. The shipping costs associated with a delivery will be published prior to the moment of ordering (on the website), including the method of shipment. If the (delivery) address is located outside the EU, the Consumer is obliged to offer the products to customs with the required customs documents and is responsible for paying any import duties and formalities.
8.2 The delivery periods indicated by the Entrepreneur are indicative and may never be considered as deadlines, unless otherwise expressly agreed in writing.
8.3 If the Entrepreneur cannot deliver the products ordered by the Consumer within thirty (30) days from the date of order, then the Consumer will be approached for purposes of agreeing to a new delivery period, unless the Consumer expressly indicates his wish to forgo the purchase after the previously mentioned notification.
8.4 The risk of damage and/or missing products remains with the Entrepreneur until the moment of delivery, unless expressly agreed otherwise. The risk transfers to the Consumer as soon as the products are delivered to the Consumer.
Artikel 9 - Payment/Retention of ownership and the consequences of non-payment and/or not paying on time
9.1 Products can be purchased on-line from the Entrepreneur's web shop. The Consumer can make a selection as to the method with which he wishes to pay for the purchases. He can pay:
a) by wire transfer between banks
b) Via Ideal
c) Via PayPal
d) with a credit card such as MasterCard, Visa or American Express
e) afterwards, via a to be mentioned Payment provider
9.2 Payments via Ideal and/or credit card shall be executed in a secure environment of and by intermediary Pay.nl. The Consumer's banking information shall never be stored. The Consumer should realise, however, that paying by internet is never 100% secure. Payments made by the internet are at one's own risk. The Entrepreneur expressly rejects all liability in this regard.
9.3 Ownership of every product supplied by the Entrepreneur is transferred only after all claims that the Entrepreneur has on the Consumer have been satisfied. The Consumer is not permitted to offer any rights to the products to third parties before the products supplied are paid in full.
9.4 In the event of late payment, the Consumer is considered in breach without notice and he owes the Entrepreneur statutory interest on the amounts in arrears. Interest is calculated for the period starting on the day when the shortcoming begins up to and including the day on which it ends. Should the Entrepreneur be required to place his claim on the Consumer in the hands of a third party, the costs associated with this, both judicial and extrajudicial, will be charged in their entirety to the Consumer.
Article 10 - Privacy information
10.1 When ordering products via the web shop, the Consumer provides personal information, i.e., information that can be traced directly to a person, such as name, address, e-mail address, telephone number and so forth. Personal information shall be included in the Entrepreneur's customer files so that the Consumer can be informed about interesting promotions. Should the Consumer wish that this should not be done, he can make this known by sending an e-mail to email@example.com
10.2 The Entrepreneur shall at all times safeguard and manage privacy rules with respect to safeguarding personal information from the Consumer according to the applicable legal standards for this. The Entrepreneur shall do everything possible to safeguard the security of this personal information by working according to the most secure methods.
10.3 The Entrepreneur shall store and use only those e-mail addresses and mobile phone numbers that are given to him directly or for which it is clear upon their submission that they are being provided to him. An e-mail address and/or a mobile phone number will be used for marketing or service purposes only if express permission is given for this. This permission can be retracted at any time by sending an e-mail to firstname.lastname@example.org
10.4 E-mail addresses will not be provided to third parties for commercial purposes unless the Consumer has expressed permission to the Entrepreneur.
10.5 Personal information from the Consumer may be released if the requirement to do so exists on the grounds of legal provisions, a court order or a government decision.
Article 11 - Intellectual Property
11.1 All intellectual property rights and, especially, the copyright and rights related to the models, brand, emblem, trade names and the colour combination belong to the Entrepreneur (Puckababy ®), its website, products supplied by the Entrepreneur and software developed at the Entrepreneur's behest are the exclusive property of the Entrepreneur. The Consumer shall respect the aforementioned rights completely and unconditionally.
11.2 Except for downloading and printing information offered via the website (www.puckababy.com) for one's own personal use, it is forbidden to acquire, copy or distribute or make public in any manner whatsoever the information, texts, logos, brands, trade names, images, etc. without the express written permission of the Entrepreneur.
Article 12 - Guarantee and disclaimer of guaranty
12.1 The guarantee periods listed below apply from the date of purchase to products offered by the Entrepreneur:
12.2 The Consumer may make no appeal to the aforementioned guarantee in cases of:
Article 13 - Conformity
The Entrepreneur guarantees to the Consumer the reliability of the products delivered by the Entrepreneur in relation to their price, except in cases of:
Article 14 - Recovery / complaints
14.1 The Entrepreneur recommends the inspection of products delivered immediately after their receipt. Objections to the execution of the Agreement must be submitted completely and clearly described to the Entrepreneur within a reasonable time period, although no more than fourteen (14) days after the discovery of the defect. A complaint about a product can be submitted by the Consumer with an indication of his customer number by e-mail to: email@example.com, or by telephone to (+31 854010870).
14.2 If the Consumer has not made his objection known within the period determined in the previous paragraph, the delivery will be considered proper.
14.3 If the Consumer has made his objection known in a timely manner and the delivery, according to the Entrepreneur's assessment, is improper, then the Entrepreneur shall do the following to the products and/or products:
The costs associated with the repair and/or replacement is for the account of the Entrepreneur.
14.4 Complaints submitted to the Entrepreneur will be answered within a period of fourteen (14) days, starting with the date of receipt. If a complaint requires a foreseeably longer processing time, the Entrepreneur will respond within a period of ten (10) days with a message indicating when the Consumer can expect a more comprehensive answer.
Article 15 - Liability
The Entrepreneur's liability for any direct damage arising from or in connection with the Agreement is limited to no more than the amount that will be paid out by insurance. If the insurer does not pay in a given case or if the damage is not covered by insurance, the Entrepreneur’s liability is limited to the invoice amount, or at least to that portion of the Agreement to which the liability relates. The Entrepreneur expressly rejects all indirect damages.
Article 16 - Force majeure
16.1 In addition to that which is included under law and jurisprudence, force majeure is understood here to be all causes arising externally that hinder normal compliance with a contract, over which the Entrepreneur can exercise no control, regardless of whether the circumstance was foreseeable at the time of concluding the Agreement. Such causes include strikes, for example, a lack of raw materials, unforeseen delays of suppliers or other third parties on whom the Entrepreneur is dependent, governmental measures, etc.
16.2 In case of force majeure, the Entrepreneur is not required to compensate for damages incurred by the Consumer as a result of the force majeure situation unless the Entrepreneur has enjoyed an advantage as a result of this situation that he would not have had upon proper compliance with the Agreement.
Article 17 - Confidentiality
Parties are required to keep confidential information secret unless a statutory obligation requires the publication of that information. Confidential information includes all information that the parties have about each other in the context of their Agreement or from another source. Information is considered confidential if the Entrepreneur has notified the Consumer of this or if this can be presumed from the nature of the information. The party receiving confidential information shall use this solely for the purpose for which it is provided.
Article 18 - Disputes and Applicable Law
18.1 Parties shall attempt to resolve any complaints, objections and disputes in close consultation.
18.2 If parties cannot arrive at a solution acceptable to both parties, they are free to bring the dispute before the competent court.
18.3 Dutch law applies to every Agreement between the Consumer and the Entrepreneur (which involved these general conditions).
Article 19 - Changes to the general conditions
19.1 The Entrepreneur has the right to change these general conditions at any time.
19.2 Changes in these conditions go into effect only after these have been published by the Entrepreneur in the appropriate manner.
Article 20 - Final provisions
If any provision in these conditions is declared null and void or invalid, such declaration shall have no influence on the remaining provisions. In that case, parties shall consult with each other and replace the null and void or invalid provision by a legally valid provision that approaches the intent of the null and void or invalid provision as closely as possible.