The general terms and conditions have been compiled by the association of wholesalers and have been filed in Baby Items with the Chamber of Commerce in Elst under number: 09161085.
Table of contents:
Article 1 - Definitions
Article 2 - Applicability
Article 3 - Agreement
Article 4 - Prices
Article 5 - Right of withdrawal
Article 6 - Costs in case of withdrawal
Article 7 - Exclusion of right of withdrawal
Article 8 - Delivery time
Article 9 - Delivery and transfer of risk
Article 10 - Delivery
Article 11 - Warranties and complaints
Article 12 - Limitation of liability
Article 13 - Force majeure
Article 14 - Intellectual property
Article 15 - Applicable law and competent court
Article 1 Definitions
In this general conditions, the following terms are used in the following meaning, unless expressly stated otherwise:
DERYANB.V and are domain and/or trade names operated by DERYANB.V te Elst (KvK no. 09161085, doing business at (6662 WD) Marithaime 8, to the person referred to as the seller in these general terms and conditions.
- Buyer: The other party to the seller is referred to in these general terms and conditions as the buyer (or consumer, if it concerns a natural person who does not act in the exercise of a profession or business).
- Parties: The parties are seller and buyer together.
- Agreement: The agreement means the purchase agreement between the parties.
Article 2 Applicability
- These general terms and conditions apply to every offer from the
DERYANB.V to any distance contract concluded between DERYANB.V and consumer.
- Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.
- If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier.
- In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and in the event of conflicting terms and conditions, the consumer can always rely on the applicable provision that is most favorable to him.
Article 3 Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the time of acceptance by the consumer of the offer and compliance with the associated conditions. Article 6:232 of the Dutch Civil Code states: “an other party is also bound by the general terms and conditions if, when concluding the agreement, the user understood or should have understood that he did not know the content thereof.”
- If the consumer has accepted the offer electronically,
DERYANB. confirms.V without delay by electronic means the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been received by DERYANB.V Once confirmed, the consumer can terminate the agreement.
- If the agreement is concluded electronically,
DERYANB.V appropriate technical and organizational measures to secure the electronic transfer of data must DERYANensure a secure web environment. If the consumer can pay electronically, DERYANB.V take appropriate safety measures to this end. >Takh>>B.V can inform itself within legal frameworks whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. I have b.V based on this investigation has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.
Article 4 Prices
- The prices of the products offered will not be increased, except for price changes as a result of legal changes. Transactions concluded with
DERYANB.V are always conducted under the agreed conditions.
- All previous prices will automatically expire at the time of change and no rights can be derived from them. Price increases within three months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
- All prices on the website are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. All prices on the site are in Euros and include 21% VAT. Offers are without obligation, unless stated otherwise in the offer. Upon acceptance of a non-binding offer by the buyer,
DERYANB.V reserves the right to revoke or deviate from the offer within three working days after receipt of that acceptance.
- Making verbal commitments
DERYAN> B.V only after these have been expressly confirmed in writing. Offers fro DERYAN2> B.V do not automatically apply to repeat orders. B.V cannot be held to its offer if the customer should have understood that the offer, or part thereof, contained an obvious mistake or typo.
Article 5 Right of withdrawal
- If there is a consumer purchase in accordance with Article 7:5 of the Dutch Civil Code, the consumer has the right to cancel the agreement without giving notice. reasons within 14 working days. This reflection period starts on the day after receipt of the product by the consumer. If the consumer has not returned the delivered goods to the seller after this period, the purchase is complete.
- Before returning, the consumer is obliged to noti
DERYAN22> B in writing within 14 working days after delivery.V The consumer must prove that the delivered goods have been returned on time.
- During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and in the original condition and packaging
DERYAN422> B.V return, in accordance with the instructions give DERYAN2422> B.V provided reasonable and clear instructions. Returning the delivered goods is entirely at the expense and risk of the consumer.
- The above right of withdrawal does not apply to goods that have been manufactured according to the consumer's specifications, including, for example, custom work, or that have a clearly personal character.
Article 6 Costs in case of withdrawal
- If the consumer exercises his right of withdrawal, at most the costs of return are at his expense. If the consumer has paid an am
DERYAN12422> B.V refund this amount as soon as possible, but no later than 30 days after the return or cancellation.
Article 7 Exclusion of right of withdrawal<
a) Those sup
b) Which are clearly personal in nature;
c) Which by their nature cannot be returned;
d) Which can spoil or age quickly;
f) For individual newspapers and magazines; For audio and video recordings and computer software of which the consumer has broken the seal.
a) Regarding accommodation, transport, restaurant business or leisure activities to be provided on a certain date or during a certain period;
b) The delivery of which is expressly the consumer's consent has begun before the cooling-off period has expired;
c) Regarding bets and lotteries.
Article 8 Delivery time
- Delivery takes place while stocks last.
- The delivery time stated is approximate.
B.V undertakes to adhere to the specified delivery time as much as possible, but is not liable for the consequences of exceeding it that it could not reasonably have prevented. Such exceedance DERYAN B.V does not lead to any compensation, nor does it give the buyer the right to terminate the agreement.
- If the expected delivery time referred to in paragraph 1 of this article i
DERYAN, B.V granted a further period to deliver. This further period is equal to the original expected delivery time with a maximum of one month. If this further period is exceeded, the buyer has the right to terminate the agreement without reason.
Article 9 Delivery and transfer of risk
- As soon as the buyer receives the purchased item, the risk passes from the seller to buyer.
Artkal 10 for Fringe b.V will exercise the utmost care when receiving and executing orders for products and when assessing requests for services.
- The place of delivery is the address given by the
DERYANto B.V has made known.
- With due observance of what is stated in Article 4 of these general terms an
DERYANns, B.V accept orders as quickly as possible, but no later than within 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after he has placed the order.
- In that case, the consumer has the right to terminate the agreement without costs.
Artkal 11 Grants that Raslmus b.V grants a warranty to the user for the products delivered by it, starting from the day of invoicing to the buyer, insofar as it concerns defects attributable to the seller, which become apparent during normal use, on the basis of the following depreciation procedure : – within 1 year after the invoice date: the costs of repair or replacement, including freight within the Netherlands, will be DERYANe by B.V
- The customer is obliged to immediately check the delivered goods upon receipt. If it turns out that the delivered item is wrong, defective or incomplete, the customer must (before
DERYANit to B.V) to immediately report these defec DERYANing to B.V
- Any defects or incorrectly delivered goods must and can be processed no later than 2 months
DERYANvery to B.V to be reported in writing. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after discovery of a defect, damage occurring after discovery of a defect, encumbrance and/or resale after discovery of a defect, completely voids this right to complain and return.
- If complaints from the custome
DERYANitted by B.V are found DERYAN-founded, B.V at its option, either replace the delivered goods free of charge or make a written arrangement with the customer regarding compensation, on the understanding t DERYANability of B.V and therefore the amount of compensation is always limited to a maximum of the invoice amount of the goods in question, or DERYANscretion of B.V) up to the maximum in the relevant case by the DERYANinsurance of B.V amount co DERYANliability of B.V any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profits. >Takh>>B.V is not liable for damage caused by incorrect assembly of the product by the buyer or by a third party.
- This warranty does not apply if:
a) As long
DERYANyer is against B.V is at fault;
b) The customer has repaired and/or processed the delivered goods himself or has had them repaired/or processed by third parties.;
c) The delivered goods have been exposed to abnormal circumstances or are otherwise treated carelessly or contra
DERYANinstructions of B.V and/or instructions for use on the packaging have been addressed;
d) The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.
Article 12 Limitation of Liability
- To the maximum extent permitte
DERYANthe liability of B.V for damage caused by defects in the delivered goods is limited to the net invoice amount of the delivered goods, unless the consequences of this exconization for the buyer are demonstrably unreasonably onerous.
- The seller is never liable for indirect damage, including damage from third parties.
Article 13 Force Majeure
- The seller cannot fulfill his obligations under the contract, or cannot do so in a timely manner or properly agreement due to force majeure, then he is not liable for damage suffered by the buyer.
- By force majeure, the parties in any case mean circumstances that the seller could not take 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 danger of war, civil war and riot, molestation, sabotage, terrorism, energy failure, flood, earthquake, fire, shutdown, strikes, worker exclusion, changed government measures, transport difficulties and other disruptions in the seller's business.
- The parties further understand force majeure as the circumstance that supply companies on which the seller depends for the execution of the agreement do not meet the contractual obligations towards the seller, unless this is attributable to the seller.
- If a situation as above occurs as a result of which the seller cannot fulfill its obligations towards, then those obligations will be suspended as long as the seller cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to terminate the agreement in whole or in part in writing.
- If the force majeure continues for more than three months, the buyer has the right to terminate the agreement with immediate effect. Dissolution is only possible by registered letter.
Article 14 Intellectual p
B.V retains intellectual property rights (including copyright, patent law, trademark law, drawings and model rights), on all products, designs, drawings, writings, carriers with data or other information, quotations, images, sketches, models, models, unless the parties have agreed otherwise in writing.
- The customer may not use said intellectual property rights without
DERYANwritten consent of B.V have it copied, show it to third parties and/or make it available or use it in another way.
Article 15 Applicable law and competent court
- All offers, agreements and their implementation are exclusively governed by Dutch law.
- All disputes, insofar as they exceed the jurisdiction of the subdistrict court, will be settled by th
DERYANthe district where B.V is situated.