These general terms and conditions have been established by the association of wholesalers and have been filed by 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 the right of withdrawal

Article 8 - Delivery time

Article 9 - Delivery and transfer of risk

Article 10 - Delivery

Article 11 - Guarantees 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 following meanings, unless expressly indicated otherwise:

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

Article 2 Applicability

1. These general terms and conditions apply to every offer from DERYAN B.V on any distance contract concluded between DERYAN B.V and the consumer.
   
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer.
   
3. 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 they 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 general 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: "A third party is also bound by the general terms and conditions if, when concluding the contract, the user understood or should have understood that he was not aware of the content."
   
2. If the consumer has accepted the offer electronically, DERYAN B.V confirms without delay by electronic means the receipt of the acceptance of the offer. As long as DERYAN B.V has not confirmed this acceptance, the consumer can terminate the contract.
3. If the agreement is concluded electronically, DERYAN B.V shall take appropriate technical and organizational measures to secure the electronic transfer of data, DERYAN must ensure a secure web environment. If the consumer can pay electronically, DERYAN B.V will take appropriate security measures for this purpose.DERYAN B.V may, within the legal framework, investigate whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If DERYAN B.V, based on this investigation, has good reasons not to enter into the agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

Article 4 Prices

1. The prices of the products offered will not be increased, except for price changes resulting from legal changes. Transactions concluded with DERYAN B.V always take place under the agreed conditions.
   
2. All previous prices will 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 contract are only permitted if they are the result of legal 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 without obligation, 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 of receiving this acceptance.
   
4. Verbal commitments bind DERYAN B.V only after they have been expressly confirmed in writing. Offers from DERYAN B.V do not automatically apply to repeat orders. DERYAN B.V cannot be held to its offer if the customer should have understood that the offer, or a part thereof, contained an obvious error or typing error.

Article 5 Right of withdrawal

1. In the event of a purchase by a consumer in accordance with Article 7:5 of the Dutch Civil Code, the consumer has the right to terminate the contract without prior notice and without giving reasons within 14 working days. This reflection period starts from 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.
   
2. Before returning an item, the consumer must inform DERYAN B.V. in writing within 14 working days of delivery. The consumer must provide proof that the delivered goods were returned on time.
   
3. During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise their right of withdrawal, they will return the product with all accessories supplied 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 distinctly personal character.
    

Article 6 Costs in case of withdrawal

1. If the consumer exercises their right of withdrawal, the return costs are at their 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 contacting Warbing RashaDERYAN B.V. may 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 indicated this in the offer, at least in good time before concluding the contract.

2. Exclusion of the right of withdrawal is only possible for products:
   a) That were created by DERYAN B.V. in accordance with the consumer's specifications;
   b) That are clearly personal in nature;
   c) That cannot be returned due to their nature;
   d) That can deteriorate or age quickly;e) Whose 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, with the express consent of the consumer, has begun before the end of the cooling-off period;
   c) Concerning bets and lotteries.

Article 8 Delivery time

1. Delivery takes place within the limits of available stock.
   
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 if it could not reasonably have prevented it. Such an overrun does not oblige DERYAN B.V. to pay any compensation, nor does it entitle the buyer to terminate the contract.
   
3. In the event of an overrun of the expected delivery time referred to in paragraph 1 of this article, DERYAN B.V. will be granted an additional period to deliver. This additional period is equal to the originally expected delivery time with a maximum of one month. If this additional period is exceeded, the buyer has the right to terminate the contract without giving any reason.
   

Article 9 Delivery and transfer of risk

1. As soon as the buyer receives the purchased item, the risk is transferred from the seller to the buyer.Artkal 10 Levrings DERYAN B.V. will exercise the greatest possible care when receiving and executing product orders and when assessing requests for services.
   
2. The place of delivery is the address provided by the consumer 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 30 days, unless a different delivery period has been agreed. If delivery is delayed or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order.
   
4. In that case, the consumer has the right to terminate the contract without costs.Artkal 11 subsidies to RasalmusDarian B.V. provides a warranty to the user for the products it delivers, starting from the invoice date to the buyer, covering defects attributable to the seller that appear during normal use, based on the following depreciation schedule: – within one year from the invoice date: repair or replacement costs, including transport to the Netherlands, will be fully covered by DERYAN B.V.
5. The customer is required to inspect the delivered goods immediately upon receipt. If 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 defect or incorrectly delivered goods must and can be reported to DERYAN B.V. in writing no later than 2 months after delivery. The goods must be returned in their original packaging (including accessories and associated documentation) and in new condition. Starting use after discovering a defect, damage occurring after discovering a defect, charging and/or reselling after discovering a defect, completely voids the right to claim and return.
7. If customer claims are deemed justified by DERYAN B.V., DERYAN B.V. may, at its discretion, either replace the delivered goods free of charge or agree in writing with the customer on compensation, with the understanding that the liability of DERYAN B.V. and therefore the amount of compensation is always limited to a maximum of the invoiced amount of the goods in question, or (at the discretion of DERYAN B.V.) up to the maximum amount covered by DERYAN B.V.'s liability insurance, if applicable. Any liability of DERYAN B.V. for any other form of damage is excluded, including additional compensation in any form, compensation for indirect or consequential damages or damages due to loss of profit.Drian B.V. is not liable for damage caused by incorrect assembly of the product by the buyer or a third party.
8. This warranty does not apply if:
   a) The buyer is in default towards DERYAN B.V.;
   b) The customer has repaired and/or modified the delivered goods themselves or has had them repaired/or modified by third parties;
   c) The delivered goods have been exposed to abnormal circumstances or are otherwise treated negligently or contrary to the instructions of DERYAN B.V. and/or the operating instructions on the packaging have been taken into account;
   d) The defect is entirely or partially 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

1. To the extent permitted by law, the liability of DERYAN B.V. for damages 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 manifestly unreasonably onerous for the buyer.
   
2. The seller is never liable for indirect damages, including damage to third parties.
    

Article 13: Force Majeure

1. If the seller cannot fulfill its obligations under the contract, either on time or in accordance with the agreement, due to force majeure, it is not liable for damages suffered by the buyer.
   
2. By force majeure, the parties mean in any case circumstances that the seller could not take into account at the time of entering into the contract and as a result of which the normal execution of the contract cannot reasonably be expected by the buyer, such as illness, war or danger of war, civil war and riot, aggression, sabotage, terrorism, power failure, flood, earthquake, fire, lockout, strikes, exclusion of workers, changes in government measures, transport difficulties, and other disruptions in the seller's business.
    
3. The parties further understand by force majeure the circumstance in which supply companies on which the seller depends for the execution of the contract do not comply with the contractual obligations towards the seller, unless the seller can be blamed for this.
4. If a situation as described above occurs as a result of which the seller is unable to fulfill its obligations, these obligations will be suspended for as long as the seller is unable to fulfill its obligations. If the situation mentioned in the previous sentence has lasted 30 calendar days, the parties have the right to terminate the contract in whole or in part in writing.
5. If the force majeure persists for more than three months, the buyer has the right to terminate the contract with immediate effect. Termination is only possible by registered letter.Artkl 14 Intellistel WijndomDrian B.V. retains the intellectual property rights (including copyright, patent rights, trademark rights, designs and model rights) on all products, designs, drawings, writings, data carriers or other information, quotations, images, sketches, 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., copy them, show them to third parties and/or make them available or use them in any other way.
   

Article 15 Applicable Law and Competent Court

1. All offers, agreements and their execution are exclusively governed by Dutch law.
   
2. All disputes, insofar as they exceed the jurisdiction of the subdistrict court, will be settled by the court in the district where DERYAN B.V. is located.