Terms & Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the period during which the consumer can exercise the right of withdrawal;

Consumer: the natural person not acting in the course of a profession or business who enters into a distance contract with the entrepreneur;

Day: calendar day;

Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable medium: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows for future consultation and unchanged reproduction of the stored information.

Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract concluded within the framework of a system organized by the entrepreneur for distance selling of products and/or services, where exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract;

Means of distance communication: a method that can be used to conclude a contract without the consumer and entrepreneur being in the same room at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

Lavé Baby [STREET NAME] [NUMBER], [POSTCODE] [CITY]; Email: [EMAIL ADDRESS] Chamber of Commerce number: [KVK NUMBER] VAT number: [VAT NUMBER]

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur's premises and will be sent to the consumer free of charge upon request.

If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be stored by the consumer in a simple manner on a durable medium.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting general conditions, the consumer may always rely on the applicable provision that is most favorable to them.

If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the agreement and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced in mutual consultation as soon as possible with a provision that approximates the intent of the original as closely as possible.

Situations not covered by these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of these terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 – The Offer

If an offer is subject to a limited duration or conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

Images of products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer, particularly regarding:

the price including taxes; any shipping costs; how the contract will be concluded and what actions are required; whether the right of withdrawal applies; the method of payment, delivery, and execution of the agreement; the period for accepting the offer, or the period within which the entrepreneur guarantees the price; the rate of distance communication if the costs are calculated on a different basis than the regular basic rate; whether the agreement will be archived after conclusion and how the consumer can access it; the manner in which the consumer can check and, if necessary, correct the information provided under the agreement; any other languages in which the agreement can be concluded; any codes of conduct to which the entrepreneur is subject and how the consumer can consult them electronically; the minimum duration of the distance contract in the case of a long-term transaction; optionally, available sizes, colors, type of materials.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions in paragraph 4, at the moment the consumer accepts the offer and meets the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer may dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall take appropriate security measures.

The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors that are important for responsibly entering into a distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, they are entitled to refuse an order or request with justification or to attach special conditions to its execution.

The entrepreneur shall send the following information to the consumer, in writing or in such a way that the consumer can store it accessibly on a durable medium, along with the product or service:

a. the business address of the entrepreneur where the consumer can lodge complaints; b. the conditions under which and how the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; c. information about warranties and existing after-sales service; d. the information referred to in Article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement; e. the requirements for terminating the agreement if it has a duration of more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

When purchasing products, the consumer has the right to dissolve the agreement without giving any reason within 14 days. This reflection period starts on the day after the consumer, or a third party previously designated by the consumer who is not the carrier, has received the product.

During the reflection period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. If they exercise their right of withdrawal, they shall return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

If the consumer wishes to exercise the right of withdrawal, they must notify the entrepreneur within 14 days of receipt of the product. Notification must be made in writing or by email. After notifying the entrepreneur, the consumer must return the product within 14 days. The consumer must prove that the product was returned on time, for example by providing proof of shipment.

If, after the expiry of the periods mentioned in paragraphs 2 and 3, the consumer has not notified the entrepreneur that they wish to exercise the right of withdrawal, or has not returned the product, the purchase is final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, they shall bear the costs of returning the products.

If the consumer has paid an amount, the entrepreneur shall refund this amount as soon as possible, but no later than 14 days after the withdrawal, provided that the returned product has been received by the entrepreneur or the consumer can provide conclusive evidence of the return.

Article 8 – Exclusion of Right of Withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for the products listed in paragraphs 2 and 3, only if the entrepreneur has clearly stated this in the offer or at least in a timely manner before the agreement is concluded.

Exclusion of the right of withdrawal is only possible for products: a. that have been made to the consumer’s specifications; b. that are clearly personal in nature; c. that cannot be returned due to their nature; d. that can spoil or age quickly; e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence; f. for individual newspapers and magazines; g. for audio and video recordings and computer software if the consumer has broken the seal; h. for hygiene products if the seal has been broken by the consumer.

Exclusion of the right of withdrawal is only possible for services: a. related to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period; b. whose delivery has begun with the consumer’s explicit consent before the reflection period has ended; c. concerning betting and lotteries.

Article 9 – The Price

During the validity period stated in the offer, the prices of the products and/or services will not be increased, except for price changes due to changes in VAT rates.

Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and: a. they are the result of statutory regulations or provisions; or b. the consumer has the right to cancel the agreement from the day the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing and typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of reliability and/or usability, and existing legal provisions and/or government regulations at the time of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.

The entrepreneur’s warranty period is equal to the manufacturer’s warranty period. The entrepreneur is never responsible for the ultimate suitability of the products for each individual use by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;

  • The delivered products have been exposed to abnormal conditions or otherwise carelessly handled or treated contrary to the entrepreneur’s instructions and/or the instructions on the packaging;

  • The defectiveness is entirely or partially the result of government regulations regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing product orders.

The place of delivery is the address that the consumer has made known to the entrepreneur.

With due observance of what is stated in Article 4 of these general terms and conditions, the entrepreneur will execute accepted orders promptly but at the latest within 30 days, unless a longer delivery period has been agreed with the consumer. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement without costs and the right to possible compensation.

In case of dissolution under the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Renewal

Termination:

The consumer may at any time terminate an agreement that has been entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services, with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer may terminate a fixed-term agreement that was entered into for the regular delivery of products or services at the end of the fixed term, subject to the applicable termination rules and a notice period of no more than one month.

The consumer can:

  • terminate agreements as mentioned above at any time and not be restricted to termination at a specific time or during a specific period;

  • terminate them at least in the same way as they were entered into;

  • always terminate with the same notice period as the entrepreneur has stipulated for themselves.

Renewal:

A fixed-term agreement involving the regular delivery of products or services may not be automatically extended or renewed for a fixed term.

By way of derogation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news, and weekly newspapers and magazines may be renewed for a fixed term of up to three months, if the consumer can terminate this renewed agreement by the end of the renewal with a notice period of no more than one month.

A fixed-term agreement for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in case the agreement is for the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

A limited-duration agreement for the regular introduction of newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent termination before the end of the agreed duration.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the reflection period referred to in Article 6 paragraph 1. In the case of a service agreement, this period starts after the consumer has received confirmation of the agreement.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, and subject to legal limitations, the entrepreneur is entitled to charge the consumer reasonable costs made known in advance.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, fully and clearly described.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved in mutual consultation, it becomes a dispute subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.