Article 1 - Definitions
In these terms and conditions, the following is meant with:
1. Entrepreneur: the legal entity who offers products to Customers;
2. Customer: the natural person who does not act in the interest of a profession or a company, and who orders products via the webshop of Puckababy B.V. (www.puckababy.com);
3. Agreement: the distant agreement between the Customer and the Entrepreneur ;
4. Payment Provider: a yet to be determined body, who becomes relevant when the Customer chooses to post-pay the products bought in the webshop.
Article 2 - Identity of the Entrepreneur
Dr. Rauppstraat 10
5571 CG BERGEIJK
Article 3 - Applicability
3.1 These general terms and conditions apply to any offer made by the Entrepreneur. The version of the general terms and conditions that was valid when the agreement was entered, is always the version that applies, unless the Customer has accepted a revised version of the terms and conditions after the agreement was entered.
3.2 Any deviations from these general terms and conditions are only valid if these have explicitly been agreed to in writing or digitally.
Article 4 - The offer / price change
4.1 The offer contains and full and accurate description of the offered products, including price, brand, type and size. The description is sufficiently detailed, to make a good assessment of the offer by the Customer possible. If the Entrepreneur uses pictures on their website, in their catalogues and in their mailings, these are a faithful representation of the offered products. Obvious errors or mistakes in the offer are non-binding for the Entrepreneur.
4.2 All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer. Specifically, this concerns:
4.3 Offers do not automatically apply to future orders.
4.4 If the prices of the offered products should rise after the agreement has been concluded, the Customer will have the right to terminate the agreement on the day on which the price increase takes effect, unless the price increase is the result of due to a government imposed measure.
Article 5 - Promotional offers
In case of temporary promotion measures, the Entrepreneur is only bound to the offer price published on the website or anywhere else, if the products can be delivered within the promotional period (as mentioned on the website or other platform), and within the limit of the stock available.
Article 6 - The Agreement
6.1 Subject to the provisions in paragraph 4, the agreement becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set. The Entrepreneur shall promptly confirm receipt of having accepted the offer via email. The order confirmation will contain an explicit description of what products were bought in the webshop, and when they will be delivered.
6.2 The Customer is responsible for the order he place, and therefore he must check the Entrepreneur’s order confirmation carefully. If the order confirmation deviates from the order he placed or if an erroneous order is noted, the Customer is obliged to report this to the Entrepreneur right away.
Article 7 - Cancelling the purchase - Reflection period and Termination
7.1 After purchasing products, the Customer has 14 calendar days after he has received his order, to cancel the purchase without statement of reasons, as long as the delivered products have not been used by the Customer in anyway, are in the same state as when they were delivered and still have their original labels, packaging etc.
7.2 Aside from the term mentioned in the previous provision, the Customer has the right of withdrawal if there is a situation as is described in both article 4.4 and 8.3 of these terms and conditions. The Customer should send such a request for withdrawal to the Entrepreneur at least ten (10) days beforehand.
7.3 Cancelling a purchase should be done by email (firstname.lastname@example.org ) or over the phone (+31(0)85-2100174). It is necessary for the Customer to provide sufficient information, such as his customer number, invoice number and bank account number, so that the order can be retrieved. If he so wishes, the Customer can make use of the Sample Form â€œTermination of the agreementâ€ù, which can be downloaded via the website of the Entrepreneur.
7.4 If the purchase is cancelled, the Customer at least has to bear the costs of the return shipment of the product. The paid amount minus the shipment costs of the products will be refunded to the account of the Customer within fourteen (14 days) after the date of cancellation, if the products have been received by the Entrepreneur within the aforementioned term.
If the Customer has chosen to pay via Ideal or Credit Card, the paid amount will be credited back to the Customer directly, within the aforementioned time. If the Customer chose to pay for the products afterwards, the Payment provider will be responsible for the financial settlement, and the Entrepreneur can never receive claims for repayment.
Article 8 - Delivery, passage of risk and execution
8.1 Every product the Customer ordered will be sent to the (delivery) address that the Customer indicated. The delivery costs will be published on the website before the order is placed, just like the method of delivery.
8.2 The delivery times mentioned by the Entrepreneur are indications, and should never be seen as deadlines, unless expressly agreed otherwise in writing.
8.3 If the Entrepreneur cannot deliver the products ordered by the Customer within thirty (30) days, counted from the order date, the Customer in question will be approached to agree on a new delivery term, unless the Customer indicates that he wants to cancel the order instead.
8.4 The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer, unless explicitly agreed otherwise. As soon as the products have been delivered to the Customer, the risk will transfer to the Customer.
Artikel 9 - Payment/ Retention of title and the consequences of not making payment (on time)
9.1 The Entrepreneur’s webshop makes it possible to buy products online. The Customer can choose the method he wishes to use to pay for the products. He can pay:
a) Via bank transfer
b) Via Ideal
c) Via PayPal
d) Via Creditcard, including Mastercard, Visa or American Express
e) Post-pay, handled by a yet to be determined Payment Provider
9.2 The payments made via Ideal or Creditcard will be executed in a safe environment of Pay.nl. The Customer’s bank details will never be saved. However, the Customer should realize that making payments via the internet is never 100% safe. Paying via the internet is at their own risk. The Entrepreneur explicitly disclaims any and all liability thereto.
9.3 The title of every product delivered by the Entrepreneur does not transfer until all of the Entrepreneur’s claims have been fulfilled. Until the time that complete payment has been made for the products, the Customer is not allowed to give third parties any rights to the products.
9.4 In the event of late payment, the Customer will be in default without warning, and he will owe the Entrepreneur the statutory interest rate on the amount in arrears. The interest will apply from the start of the default to the day it ends. If the Entrepreneur is forced to pass on the claim on the Customer, the related costs, both judicial and extra judicial, will be wholly for the account of the Customer.
Article 10 - Private information
10.1 When the Customer places an order via the webshop, he is sharing personal information, which means information that leads directly back to him, like his name, address, email address, telephone number etc.
The personal details will be stored in the Entrepreneur’s customer base, so that the Customer can be informed about interesting offers. If the Customer does not want this, he can make this clear by sending an email to email@example.com.
10.2 The Entrepreneur will guard and maintain the privacy rules regarding the safeguarding of the personal information of customers at all times, according to the legal regulations that apply. The Entrepreneur will do everything in his power to work with the safest methods, in order to safeguard the safety of this personal information.
10.3 The Entrepreneur only keeps and uses email addresses that are sent to him directly, or when it is is made clear that he will have access to them when they are shared. An email address is only used for marketing or service purposes if explicit permission has been granted. This permission can be withdrawn again at all times, by sending an email to firstname.lastname@example.org
10.4 Email addresses will not be shared with third parties for commercial purposes, unless the Customer has given the Entrepreneur explicit permission for this.
10.5 The Customer’s personal details can be shared on legal grounds, because of a court order or a decision made by the government.
Article 11 - Intellectual Property
11.1 All intellectual property rights, and more especially the copyright and rights regarding the models, the brand, the emblem, the trading names and the colour combinations belonging to the Entrepreneur (Puckababy®) , their website, the products delivered by the Entrepreneur and software developed for the Entrepreneur are the sole property of the Entrepreneur. The Customer will respect the aforementioned rights, fully and unconditionally.
11.2 With the exception of downloading and printing the information offered via the website (www.puckababy.com ) for personal use, it is not permitted multiply or distribute/make public information, texts, logo’s, brands, trading names, pictures, etc., without expres spermission from the Entrepreneur.
Article 12 - Warranty and exclusion of warranty
12.1 Warranty terms apply to the products offered by the Entrepreneur, starting on the the purchase date
12.2 The Customer is not entitled to appeal to the abovementioned warranty in case of:
Article 13 - Conformity
The Entrepreneur guarantees the soundness of the products supplied by it, in accordance with what the Customer can reasonably expect for the prices of them, unless:
Article 14 - Claims/ complaints
14.1 The Entrepreneur advises to inspect the delivered products immediately. Claims regarding the execution of the Agreement have to be presented to the Entrepreneur fully and clearly defined, within a reasonable period, though no more than fourteen (14) days after the defect has been discovered. The Customer can present his complaint about a product via email, accompanied by his customer number, via email@example.com or over the phone ( 0031- (0)85-2100174).
14.2 If the Customer has not made a claim within the term determined in the aforementioned provision, the delivery will be valid.
14.3 If the Customer has made his claim in time, and the Entrepreneur judges the delivery to be invalid, the Entrepreneur will:
The costs that come with repair and replacement are for the account of the Entrepreneur.
14.4 Complaints made to the Entrepreneur will receive a response within a term of fourteen (14) days, from the date the complaint was received. If a complaint takes an unexpected long time to process, the Entrepreneur will respond within a term of ten (10) days to confirm that the complaint has been received and an indication of when the Customer can expect a more extensive reply.
Article 15 - Liability
The liability of the Entrepreneur for any direct damage as a result of or relating to the Agreement is limited to the amount that will be paid out by the insurance. If the insurance company does not pay out for whatever reason, or the damage is not covered by the insurance, the liability of the Entrepreneur is limited to the invoice amount, at least up to that part of the Agreement the liability applies to. The Entrepreneur expressly excludes all indirect damage.
Article 16 - Force majeure
16.1 Force majeur is taken to mean, aside from how it is defined in the law of the Netherlands and jurisdiction, all external causes that hinder the normal performance of an obligation, which the Entrepreneur cannot influence, regardless of whether that circumstance could be predicted at the conclusion of the agreement. Examples of these causes are strikes, lack of resources , unforeseeable delays with suppliers or other third parties that Entrepreneur depends on, government measures etc.
16.2 In case of force majeure, the Entrepreneur is not bound to compensate the damage suffered by the Customer as a result of the force majeure, unless the Entrepreneur has benefited from this situation in any way that would not have occurred if this agreement had been honored.
Article 17 - Confidentiality
Parties are obliged to keep Confidential Information secret, unless a legal duty demands the disclosure of this information. Confidential information includes all information that they obtained from each other or from another source, within the framework of their Agreement. Information is seen as confidential when the Entrepreneur has informed the Customer that it is, or if it becomes clear from the nature of the information. The party who receives confidential information will only use this for the purpose for which it was provided.
Article 18 - Disputes and applicable law
18.1 Parties will attempt to resolve complaints, objections and disputes in good consultation.
18.2 If parties are unable to establish a solution that is acceptable to both parties, they are free to submit the dispute to the competent court.
18.3 Dutch law applies to every agreement between the Customer and the Entrepreneur (to which these general conditions apply).
Article 19 - Changes to the general terms and conditions
19.1 The Entrepreneur has the right to change these general terms and conditions any time.
19.2 Changes to these general terms and conditions shall only have effect if and insofar the Entrepreneur explicitly confirms these in writing.
Article 20 - Final provisions
If any provision from these terms and conditions is declared null and void, such a declaration will have no effect on the rest of the provisions. Parties will then consult with each other and replace the invalid provision with a provision that is legally valid, and resembles the import of the invalid provision as closely as possible.