Article 1 – Definitions

In these general terms and conditions the following terms shall have the following meanings:

Cooling-off period : the period within which the consumer can exercise his right of withdrawal; Consumer : the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the trader; Day : calendar day; Duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time; Durable medium : any instrument that enables the consumer or trader to store information addressed personally to him in a way accessible for future consultation and unaltered reproduction of the stored information; Right of withdrawal : the possibility for the consumer to cancel the distance contract within the cooling-off period; Trader : the natural or legal person who offers products and/or services to customers at a distance; Distance contract : a contract whereby, within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication; Distance communication technology : a means that can be used to conclude a contract without the customer and trader being in the same place at the same time; General terms and conditions : these General Terms and Conditions of the trader.

Article 2 – Identity of the trader

Name of the dealer: Baby Mapi
Email address: info@babymapi.nl

Article 3 – Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract and orders concluded between the trader and the customer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. 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 trader and that they will be sent to the customer free of charge as soon as possible at the customer's request.

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the customer electronically in such a way that the customer can easily store them on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the customer electronically or otherwise at the customer's request.

If, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly and, in the event of conflicting general terms and conditions, the customer can always invoke the applicable provision that is most favourable to him.

If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or are annulled, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement by a provision that approximates the purport of the original as closely as possible.

Situations not covered by these general terms and conditions must be assessed in accordance with the spirit of these general terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with the spirit of these general terms and conditions.

Article 4 – The Offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer is without obligation. The trader is entitled to change and adapt the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to properly assess the offer. If the trader uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the trader.

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

Images of products are a true representation of the products offered. The trader cannot guarantee that the displayed colours correspond exactly to the real colours 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. This concerns in particular:

The price, excluding customs duties and import VAT. These additional costs are at the expense and risk of the customer. The postal and/or courier service will use the special arrangement for postal and courier services with regard to imports. This arrangement applies when the goods are imported into the EU country of destination, which is the case here. The postal and/or courier service collects the VAT (possibly together with the customs charges charged) from the recipient of the goods; Any delivery costs; The manner in which the agreement will be concluded and which actions are required for this; Whether or not the right of withdrawal applies; The method of payment, delivery and performance of the agreement; The period for accepting the offer, or the period within which the trader guarantees the price; The amount of the rate for distance communication if the costs of using the distance communication technology are calculated on a basis other than the regular basic rate for the means of communication used; Whether the agreement is archived after it has been concluded and, if so, how the consumer can consult it; The manner in which the consumer can check the data provided by him in the context of the agreement before concluding the agreement and, if necessary, restore it; Any other languages ​​in which, in addition to Dutch, the agreement can be concluded; The codes of conduct to which the trader has submitted and the manner in which the consumer can consult these codes of conduct electronically; and The minimum duration of the distance contract in the event of a long-term transaction. Optional: available sizes, colours, types of materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts the offer and meets the conditions set therein.

If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the trader, the consumer may terminate the agreement.

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

The trader may, within the statutory framework, inquire 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. If the trader, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

The trader shall send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:

The visiting address of the trader's establishment where the consumer can lodge complaints; The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal; The information about guarantees and existing after-sales service; The information included in Article 4 paragraph 3 of these conditions, unless the trader has already provided this information to the consumer prior to the performance of the agreement; The requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration. In the case of a continuing performance transaction, the provision in the previous paragraph only applies to the first delivery.

Each agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.

During the cooling-off 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 - if reasonably possible - in the original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.

If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the trader of this within 14 days after receipt of the product. The consumer must make this known by means of a written notice / e-mail. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were returned on time, for example by means of a proof of shipment.

If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to the trader, the purchase is a fact.

Article 7 – Costs in case of revocation

If the consumer exercises his right of withdrawal, the costs of return will be at his expense.

If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition here is that the product has already been received back by the trader or conclusive proof of complete return can be provided.

Article 8 – Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

Which have been created by the trader in accordance with the consumer's specifications; Which are clearly personal in nature; Which cannot be returned by their nature; Which are liable to spoil or become obsolete quickly; Whose price is subject to fluctuations in the financial market over which the trader has no influence; For individual newspapers and magazines; For audio and video recordings and computer software of which the consumer has broken the seal; For hygienic products of which the consumer has broken the seal.

Article 9 – The price

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

By way of exception to the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices shall 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 trader has stipulated this and:

these are the result of statutory regulations or provisions; or the consumer has the authority to terminate the agreement with effect from the day on which the price increase takes effect. The prices stated 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 trader is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement is concluded. If agreed, the trader also guarantees that the product is suitable for other than normal use.

A guarantee provided by the trader, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the trader under the contract.

Any defects or incorrectly delivered products must be reported to the trader in writing within 2 months of delivery. Return of the products must be in the original packaging and in new condition.

The warranty period of the trader corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for each individual application 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 processed the delivered products himself and/or has had them repaired and/or processed by third parties; The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or in conflict with the instructions of the trader and/or on the packaging; The defectiveness 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 11 – Delivery and execution

The trader will exercise the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.

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

Taking into account what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.

In the event of dissolution in accordance with the previous paragraph, the trader 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 trader will make an effort to provide a replacement item. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the trader.

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

Article 12 – Duration transactions: duration, termination and extension

Cancellation

The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.

The consumer may terminate the agreements referred to in the previous paragraphs:

at any time and not be limited to termination at a specific time or during a specific period; at least terminate in the same manner as they were entered into by him; always terminate with the same notice period as the trader has stipulated for himself. Extension

An agreement entered into for a fixed period and which provides for the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed period. By way of exception to the previous paragraph, an agreement entered into for a fixed period and which provides for the regular delivery of daily newspapers, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month. An agreement entered into for a fixed period and which provides for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the agreement provides for the regular, but less than monthly, delivery of daily newspapers, news and weekly newspapers and magazines. A contract with a limited duration for the regular introduction of daily, news and weekly 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 oppose termination before the end of the agreed term.

Article 13 – Payment

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

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

In the event of non-payment by the consumer, the trader has the right, subject to legal restrictions, to charge reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

The trader shall have a sufficiently publicised complaints procedure and shall deal with the complaint in accordance with this complaints procedure.

Complaints about the performance of the agreement must be submitted to the trader within a reasonable time, fully and clearly described, after the consumer has discovered the defects.

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

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

In case of complaints, a consumer should first contact the trader. If the webshop is affiliated with Stichting WebwinkelKeur and in case of complaints that cannot be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur ( www.webwinkelkeur.nl ), which will mediate free of charge. Check whether this webshop has a current membership via https://www.webwinkelkeur.nl/ledenlijst/ . If a solution is still not reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both the entrepreneur and the consumer agree to this binding decision. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform ( http://ec.europa.eu/odr ).

A complaint does not suspend the trader's obligations unless the trader indicates otherwise in writing.

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

Article 15 – Disputes

Agreements between the trader and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.

The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.