The general terms and conditions have been drawn up by the association of wholesalers and deposited in Baby articles at 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 - Guarantees and claims

Article 12 - Limitation of liability

Article 13 - Force majeure

Article 14 - Intellectual property

Article 15 - Applicable law and competent court 

Article 16 - International Deliveries (United Kingdom)

Article 1: Definitions

In these general terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise:

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

Article 2 Applicability

1. These general terms and conditions apply to every offer from DERYAN B.V. on every 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, 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 the consumer can easily store it on a durable data carrier.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to him.

 
Article 3 Agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance by the consumer of the offer and the fulfillment of the conditions attached thereto. Article 6:232 of the Dutch Civil Code stipulates: “A counterparty is also bound by the general terms and conditions if, when concluding the agreement, the user understood or should have understood that it was unaware of their content.”
   
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 the receipt of this acceptance has not been confirmed by DERYAN B.V., the consumer can terminate 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 DERYAN must ensure a secure web environment. If the consumer can pay electronically, DERYAN B.V. will take appropriate security measures to that end.
4. Within legal frameworks, DERYAN B.V. may investigate 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, based on this investigation, DERYAN B.V. 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 are not increased, except for price changes as a result of legal changes. Transactions concluded with DERYAN B.V. are always conducted under the agreed conditions.
   
2. All previous prices automatically expire at the time of the change and no rights can be derived from this. Price increases within three months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
   
3. All prices on the website are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting 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 a period of three working days after receipt of that acceptance.
   
4. Verbal commitments only bind DERYAN B.V. 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 mistake or error.

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 terminate the agreement without stating reasons for 14 working days. This cooling-off 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 a fact.
   
2. The consumer is obliged to notify DERYAN B.V. in writing of the return within the period of 14 working days after delivery, before proceeding to return the goods. 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 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 expense and risk of the consumer.
   
4. The above right of withdrawal does not apply to goods that have been manufactured according to the consumer's specifications, including, for example, customization, or that have a clear personal character.
    

Article 6: Costs in case of cancellation

1. If the consumer makes use of his right of withdrawal, the costs of return will be borne by him at most. 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 revocation.
   

Article 7 Exclusion of right of withdrawal

1. DERYAN B.V. can exclude the consumer's right of withdrawal insofar as 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 good 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 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) The price of which is subject to fluctuations on the financial market over which DERYAN B.V. has no influence;
   f) For loose 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, restaurant business or leisure activities to be performed 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 takes place as long as supplies last.
   
2. The indication of the delivery time is approximate. DERYAN B.V. undertakes to adhere to the specified 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 any compensation, nor does it give the buyer the right to terminate the agreement.
   
3. If the estimated delivery time referred to in paragraph 1 of this article is exceeded, DERYAN B.V. will be granted a further period to still deliver. This further period is equal to the original estimated delivery time with a maximum of one month. If this further period is exceeded, the buyer has the right to terminate the agreement without reason.
   

Article 9 Delivery and transfer of risk

1. As soon as the purchased item is received by the buyer, the risk passes from the seller to the buyer.

Article 10 Delivery 

1. DERYAN B.V. will exercise the greatest possible care when receiving and executing orders for products and when assessing applications for the provision of services.
   
2. The place of delivery is the address that the consumer has made known 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 execute accepted orders with due speed, but no later than 30 days, unless a different delivery period has been agreed. If the delivery is delayed, or if an order cannot or can only partially be executed, the consumer will receive notification of this no later than 30 days after he placed the order.
   
4. In that case, the consumer has the right to terminate the agreement without any costs.

Article 11: Guarantees and complaints

1. DERYAN B.V. provides a warranty for the products it delivers, starting from the invoice date to the buyer/user, covering defects attributable to the seller that appear under normal use, based on the following depreciation procedure: - within 1 year of the invoice date: the costs of repair or replacement, including freight within the Netherlands, are fully borne by DERYAN B.V.
2. The customer is obligated to immediately inspect the delivered goods upon receipt. If the delivered item is incorrect, defective, or incomplete, the customer must immediately report these defects in writing to DERYAN B.V. (before returning the item to DERYAN B.V.).
3. Any defects or incorrectly delivered goods must and can be reported in writing to DERYAN B.V. no later than 2 months after delivery. The goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Use after discovering the defect, damage occurring after discovering the defect, encumbrance, and/or resale after discovering the defect, will void the right to claim and return the goods.
4. If complaints from the customer are found to be justified by DERYAN B.V., DERYAN B.V. will, at its discretion, either replace the delivered goods free of charge or reach a written agreement with the customer regarding compensation, with the understanding that the liability of DERYAN B.V. and therefore the amount of compensation is always limited to the invoice amount of the goods in question, or (at the discretion of DERYAN B.V.) to the maximum amount covered by DERYAN B.V.'s liability insurance in the relevant case. Any liability of DERYAN B.V. for any other form of damage is excluded, including additional compensation in any form, compensation for indirect damage or consequential damage, or damage due to lost profit.
5. DERYAN B.V. is not liable for damage caused by incorrect assembly of the product by the buyer or by a third party.
6. This warranty does not apply if:
   a) The buyer is in default towards DERYAN B.V.;
   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 conditions or are otherwise treated carelessly or contrary to the instructions of DERYAN B.V. and/or instructions for use on the packaging;
   d) The defectiveness is wholly or partially the result of regulations that the government has set or will set with regard to 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 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.
   
2. The seller is never liable for indirect damage, including damage to third parties.
    

Article 13 Force majeure

1. If the seller cannot, not timely, or not properly fulfill its obligations under the agreement due to force majeure, it is not liable for damage suffered by the buyer.
   
2. In any event, the parties understand force majeure to mean a circumstance that the seller could not take into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be required by the buyer, such as, for example, illness, war or danger of war, civil war and riot, molestation, sabotage, terrorism, power outage, flood, earthquake, fire, business closure, strikes, lockouts, changed government measures, transport difficulties and other disruptions in the seller's business.
    
3. Furthermore, the parties understand force majeure to mean the circumstance that supply companies on which the seller depends for the execution of the agreement do not fulfill their contractual obligations towards the seller, unless this is attributable to the seller.
4. If a situation as described above occurs as a result of which its obligations towards are not met, then those obligations will be suspended as long as the seller cannot meet its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, the parties have the right to terminate the agreement in writing in whole or in part.
5. If the force majeure continues for longer than three months, the buyer has the right to terminate the agreement with immediate effect. Termination can only be done via registered mail.

Article 14 Intellectual property

1. DERYAN B.V. reserves intellectual property rights (including copyright, patent law, trademark law, drawing and design law) on all products, designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, mock-ups, unless parties have agreed otherwise in writing.
   
2. The customer may not copy, show to third parties, make available, or otherwise use the aforementioned intellectual property rights without the prior written consent of DERYAN B.V.
   

Article 15 Applicable law and competent court

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

Article 16 – International Deliveries (United Kingdom)

For orders delivered in the United Kingdom, customers should be aware that local customs authorities may charge additional import costs, such as VAT, import duties and administrative fees. These costs are not included in the total price of the order and are entirely the responsibility of the customer. It is the customer's responsibility to inquire in advance about any applicable costs and import restrictions. We accept no liability for delays or additional costs as a result of customs procedures.