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 these general terms and conditions, the following terms are used with the meanings given below, unless explicitly stated otherwise:
- Seller:
DERYAN B.V. and are domain and/or trade names operated byDERYAN B.V. in Elst (KvK no. 09161085, with a business address at (6662 WD) Marithaime 8, referred to as the seller in these general terms and conditions. - Buyer: The other party to the seller is referred to as the buyer in these general terms and conditions (or consumer, if it concerns a natural person who is not acting in the exercise of a profession or business).
- Parties: The seller and buyer together.
- Agreement: The purchase agreement between the parties.
Article 2 Applicability
- These general terms and conditions apply to every offer from
DERYAN B.V. to any distance contract concluded betweenDERYAN B.V. and the consumer. - Before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions.
- If the distance contract is concluded electronically, the text of these general terms and conditions can be provided to the consumer electronically, before the distance contract is concluded, in a way that allows the consumer to easily store it on a durable data carrier, notwithstanding the previous paragraph.
- In the event that specific product or service terms and conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions, the consumer can always rely on the applicable provision that is most favorable to them.
Article 3 Agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and complies with the associated conditions. Article 6:232 of the Dutch Civil Code states: “the 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,
DERYAN B.V. confirms the receipt of the acceptance of the offer without delay by electronic means. As long as the receipt of this acceptance has not been received byDERYAN B.V. Once confirmed, the consumer can terminate the agreement. - If the agreement is concluded electronically,
DERYAN B.V. must take appropriate technical and organizational measures to secure the electronic transfer of data toDERYAN ensure a secure web environment. If the consumer can pay electronically,DERYAN B.V. take appropriate safety measures to this end.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. If 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
DERYAN B.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,
DERYAN B.V. reserves the right to revoke or deviate from the offer within three working days after receipt of that acceptance. - Making verbal commitments
DERYAN by B.V. only after these have been expressly confirmed in writing. Offers fromDERYAN 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 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 notify
DERYAN B.V. in writing within 14 working days after delivery. 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 to
DERYAN B.V. return, in accordance with the instructions givenDERYAN 2422> B.V provided reasonable and clear instructions. Returning the delivered goods is entirely at the expense and risk of the consumer. - The right to return items doesn't apply to goods made to your specifications, like custom work, or anything with a personal touch.
Article 6: Withdrawal Costs
- If you decide to return something, you'll be responsible for the return shipping costs. If you've already paid an am
DERYAN 12422> B.V will refund that amount ASAP, but definitely within 30 days of the return or cancellation.
Article 7: When You Can't Return Something
<a) Those sup
b) That are clearly made just for you;
c) That can't be returned because of what they are;
d) That can go bad or get old quickly;
f) For individual newspapers and magazines; For audio and video recordings and computer software where you've broken the seal.
a) For places to stay, transport, restaurants, or fun things to do on a specific date or time;
b) Where we've already started doing what you asked because you said it was okay before the return period ended;
c) For bets and lotteries.
Article 8: Delivery Time
- We deliver as long as we have stuff in stock.
- The delivery time we say is just an estimate.
B.V will do its best to stick to the delivery time, but we're not responsible if something happens that we couldn't have avoided. If we're late, DERYAN B.V doesn't have to pay you anything, and you can't cancel the agreement. - If we expect to take longer than we said in paragraph 1 of this article, i
DERYAN ,B.V will give us some extra time to deliver. This extra time will be the same as the original delivery time, but no more than a month. If we're still late after that, you can cancel the agreement without giving a reason.
Article 9: Delivery and When You're Responsible
- The risk transfers from the seller to the buyer as soon as the buyer receives the purchased item.
Artkal 10 for Fringe b.V will take the greatest possible care when receiving and fulfilling product orders, and when assessing requests for services. - The delivery location is the address provided by the
DERYAN toB.V has disclosed. - With due observance of what is stated in Article 4 of these general terms and conditions,
DERYAN ns,B.V will accept orders as quickly as possible, but within 30 days at the latest, 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 no later than 30 days after placing the order. - In that case, the consumer has the right to cancel the agreement without incurring any costs.
Artkal 11 Grants that Raslmus b.V offers a warranty to the user for the products it delivers, starting from the invoice date to the buyer. This applies to defects attributable to the seller that become apparent during normal use, based on the following depreciation procedure: - Within 1 year after the invoice date: the costs of repair or replacement, including freight within the Netherlands, will b DERYAN e byB.V - The customer is obliged to check the delivered goods immediately upon receipt. If the delivered item is incorrect, defective, or incomplete, the customer must report these defects immediately (before
DERYAN it toB.V). DERYAN ing toB.V - Any defects or incorrectly delivered goods must and can be processed no later than 2 months after
DERYAN very toB.V in writing. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting the product into use after discovering a defect, damage occurring after discovering a defect, encumbrance, and/or resale after discovering a defect completely voids the right to complain and return the product. - If complaints from the custome
DERYAN itted byB.V are found DERYAN to be well-founded,B.V. can choose to either replace the delivered goods for free or come to a written agreement with the customer regarding compensation, understanding that DERYAN liability ofB.V. and therefore the compensation amount is always capped at the invoice amount of the goods in question, or DERYAN discretion ofB.V.) up to the maximum in the relevant case by the DERYAN insurance ofB.V. amount covered. DERYAN liability ofB.V., any other form of damage is excluded, including additional compensation of any kind, compensation for indirect 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 a third party. - This warranty doesn't apply if:
a) As long as theDERYAN buyer is at fault againstB.V.;
b) The customer has repaired and/or processed the delivered goods themselves or has had them repaired/processed by third parties.
c) The delivered goods have been exposed to abnormal circumstances or are otherwise treated carelessly or contrary toDERYAN instructions ofB.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 regarding the nature or quality of the materials used.
Article 12: Limitation of Liability
- To the maximum extent permitted,
DERYAN the liability ofB.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 exclusion are demonstrably unreasonably onerous for the buyer. - The seller is never liable for indirect damage, including damage from third parties.
Article 13: Force Majeure
- If the seller can't fulfill their obligations under the contract, or can't do so on time or properly due to force majeure, they aren't liable for damage suffered by the buyer.
- By force majeure, the parties mean circumstances that the seller could not take into account when entering into the agreement, and as a result, the buyer cannot reasonably expect normal performance of the agreement, 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 also understand force majeure as the circumstance that supply companies, on which the seller depends for the execution of the agreement, do not meet their contractual obligations towards the seller, unless this is attributable to the seller.
- If a situation as described above occurs, preventing the seller from fulfilling its obligations, those obligations will be suspended as long as the seller cannot fulfill them. If the situation mentioned in the previous sentence lasts for 30 calendar days, both 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. Termination 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, data carriers, quotations, images, sketches, models, unless the parties have agreed otherwise in writing. - The customer may not use said intellectual property rights without
DERYAN written consent ofB.V, copy it, 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
DERYAN the district whereB.V is situated.
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