The general terms and conditions have been drawn up by the wholesale association and have been submitted to the Chamber of Commerce in Elst under number: 09161085 for Baby Items.

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 - Guarantees and claims

Article 12 - Limitation of liability

Article 13 - Force majeure

Article 14 - Intellectual property rights

Article 15 - Applicable law and competent court 

Article 1 Definitions

In these general terms and conditions, the following terms have the following meanings, unless explicitly stated otherwise:

• Seller: DERYAN B.V and its domain and/or trade names operated by DERYAN B.V te Elst (KvK no. 09161085, acting at (6662 WD) Marithaime 8, to the person referred to as seller in these general terms and conditions.
• Buyer: The seller's other party is referred to in these general terms and conditions as the buyer (or consumer, if it concerns a natural person who is not acting in the exercise of a profession or business).
• Parties: The parties are the seller and buyer together.
• Agreement: The agreement means the purchase agreement between the parties.

Article 2 Applicability

1. These general terms and conditions apply to any offer from DERYAN B.V to any distance selling agreement concluded between DERYAN B.V and the consumer.
   
2. Before the distance selling agreement is concluded, the text of these general terms and conditions will be made available to the consumer.
   
3. If the distance selling agreement is concluded electronically, notwithstanding the previous paragraph, and before the distance selling agreement 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.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.

 
Article 3 Agreement

1. 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: "another party is also bound by the general terms and conditions if the user, when concluding the agreement, understood or should have understood that he was not aware of the content thereof."
   
2. If the consumer has accepted the offer electronically, DERYAN B.V. will immediately confirm receipt of the acceptance of the offer electronically. As long as DERYAN B.V. has not confirmed this acceptance, the consumer can dissolve the agreement.
3. If the agreement is concluded electronically, DERYAN B.V. will 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, DERYAN B.V. will take appropriate security measures for this purpose.Within legal frameworks, DERYAN B.V. may gather information about the consumer's ability to meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance selling agreement. If, based on this investigation, DERYAN B.V. 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 the execution.

Article 4: Prices

1. The prices of the offered products will not be increased, except for price changes due to legal regulations. Transactions entered into with DERYAN B.V. are always carried out under the agreed conditions.
   
2. All previous prices automatically expire at the time of the 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 result from statutory regulations or provisions.
   
3. 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 non-binding unless otherwise stated in the offer. Upon acceptance of a non-binding offer by the buyer, DERYAN B.V. reserves the right to revoke or deviate from the offer within three working days after receipt of this acceptance.
   
4. Verbal commitments are only binding on DERYAN B.V. after they have been expressly confirmed in writing. Offers from DERYAN B.V. do not automatically apply to reorders. DERYAN B.V. cannot be held to its offer if the customer should have understood that the offer, or part thereof, contained an obvious error or typo.

Article 5: Right of Withdrawal

1. If there is a consumer purchase within the meaning of Article 7:5 of the Dutch Civil Code, the consumer has the right to cancel the agreement without giving reasons within 14 working days. This cooling-off period starts the day after the consumer receives the product. If the consumer has not returned the delivered goods to the seller after this period, the purchase is complete.
   
2. Before returning, the consumer is obliged to notify DERYAN B.V. in writing within 14 working days after delivery. The consumer must prove that the delivered goods were returned on time.
   
3. 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 and in its original condition and packaging to DERYAN B.V. in accordance with the reasonable and clear instructions provided by DERYAN B.V. The return of the delivered goods is entirely at the consumer's expense and risk.
   
4. 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

1. If the consumer exercises his right of withdrawal, the costs of returning the goods are at his expense. If the consumer has paid an amount, DERYAN B.V. will refund this amount as soon as possible, but no later than 30 days after the return or cancellation.

   artkl h contact warbing rashaDERYAN B.V. can exclude the consumer's right of withdrawal to the extent provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if DERYAN B.V. has clearly stated this in the offer, at least in time before the conclusion of the agreement.

2. Exclusion of the right of withdrawal is only possible for products:
   a) That have been created by DERYAN B.V. in accordance with consumer specifications;
   b) That are clearly personal;
   c) That cannot be returned due to their nature;
   d) That can spoil or age quickly;
   e) If the price is subject to fluctuations in the financial market over which DERYAN B.V. has no influence;
   f) For individual newspapers and magazines; For audio and video recordings and computer software of which the consumer has broken the seal.
3. The right of withdrawal is only possible for services:
   a) Concerning accommodation, transport, catering or leisure activities to be provided on a specific date or during a specific period;
   b) The delivery of which has begun with the express consent of the consumer before the cooling-off period has expired;
   c) Concerning bets and lotteries.

Article 8: Delivery Time

1. Delivery is subject to stock availability.
   
2. The stated delivery time is approximate. DERYAN B.V. undertakes to comply with the stated delivery time as much as possible, but is not liable for the consequences of exceeding it, which it could not reasonably have prevented. Such an exceedance does not oblige DERYAN B.V. to pay any compensation, nor does it give the buyer the right to dissolve the agreement.
   
3. If the expected delivery time mentioned in paragraph 1 of this article is exceeded, DERYAN B.V. must be given an additional period to deliver. This additional period is equal to the original expected delivery time with a maximum of one month. If this additional period is exceeded, the buyer has the right to dissolve the agreement without giving reasons.
   

Article 9: Delivery and Transfer of Risk

1. As soon as the buyer receives the purchased item, the risk passes from the seller to the buyer.Arql 10 Deliveries Drian B.V. will exercise the greatest care in receiving and executing orders for products and in assessing requests for services.
   
2. The place of delivery is the address that the consumer has provided to DERYAN B.V.
   
3. With due observance of what is stated in Article 4 of these general terms and conditions, DERYAN B.V. will accept orders as quickly as possible, but no later than within 30 days, unless a different delivery period has been agreed. If the 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.
   
4. In that case, the consumer has the right to dissolve the agreement without costs.Artkal 11 Grants in RasalmusDarian f.V. gives the user a guarantee for the products delivered by it from the invoice date to the buyer, insofar as it concerns defects that can be attributed to the seller and that appear 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 shipping within the Netherlands, are fully borne by DERYAN B.V.
5. The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered item is incorrect, defective or incomplete, the customer must (before returning it to DERYAN B.V.) immediately report these defects in writing to DERYAN B.V.
6. Any defects or incorrectly delivered goods must and can be processed no later than 2 months after delivery to DERYAN B.V. must be reported in writing. The goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Taking them into use after discovering a defect, damage occurring after discovering a defect, encumbrance and/or resale after discovering a defect, completely voids this right to complain and return.
7. If complaints from the customer are submitted by DERYAN B.V. are found to be justified, DERYAN B.V. at its option, either replace the delivered goods free of charge or enter into a written agreement with the customer regarding compensation, on the understanding that DERYAN B's liability.V and therefore the compensation amount is always limited to a maximum of the invoice amount for the goods in question, or (at DERYAN B's discretion.V) up to the maximum in the relevant case of DERYAN B's liability insurance.V covered amount. Any liability from DERYAN B.V. any other form of damage is excluded, including additional compensation in any form, compensation for indirect damage or consequential damage or damage as a result of lost profit.Drian f.V. is not liable for damage caused by incorrect assembly of the product by the buyer or by third parties.
8. This guarantee does not apply if:
   a) As long as the buyer is against DERYAN 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 otherwise treated carelessly or contrary to DERYAN B's instructions.V and/or instructions for use on the packaging have been treated;
   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

1. To the fullest extent permitted by law, DERYAN 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 exemption are demonstrably unreasonably onerous for the buyer.
   
2. The seller is never liable for indirect damage, including damage from third parties.
    

Article 13 Force Majeure

1. If the seller cannot fulfill his obligations under the contract, or cannot do so in a timely or proper manner due to force majeure, then he is not liable for damage suffered by the buyer.
   
2. By force majeure, the parties in any case mean circumstances that the seller could not take into account when entering into the agreement and which mean that the normal performance of the agreement cannot reasonably be expected by the buyer, such as illness, war or danger of war, civil war and riots, abuse, sabotage, terrorism, power failure, flooding, earthquake, fire, shutdown, strikes, exclusion of workers, changed government measures, transport difficulties and other disruptions in the seller's business.
    
3. 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 fulfill the contractual obligations towards the seller, unless the seller can be blamed for this.
4. If a situation as described above arises, as a result of which the seller is unable to fulfill his obligations towards, then these obligations will be suspended as long as the seller cannot fulfill his obligations. If the situation referred to in the previous paragraph has lasted 30 calendar days, the parties have the right to terminate the agreement in whole or in part in writing.
5. If force majeure lasts longer than three months, the buyer has the right to dissolve the agreement with immediate effect. Dissolution can only take place by registered letter.Artkl 14 Intellistel WijndomDrian f.V. retains intellectual property rights (including copyright, patent law, trademark law, drawing 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.
   
6. The customer may not use the aforementioned intellectual property rights without the prior written consent of DERYAN B.V. have it copied, show it to third parties and/or make it available or use it in any other way.
   

Article 15 Applicable law and competent court

1. All offers, agreements and their implementation are exclusively subject to Dutch law.
   
2. Any disputes exceeding the jurisdiction of the lower court will be settled by the court in the district where DERYAN B.V. is located.