Terms and Conditions

The terms that apply to the use of Baby-Hunch.

Article 1 - Definitions

In these terms, the following definitions apply:

  1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal;
  2. Consumer: the natural person, not acting in the course of a profession or business, who enters into a distance contract with the trader;
  3. Day: calendar day;
  4. Continuing performance contract: a distance contract relating to a series of products and/or services, where the obligation to deliver and/or purchase is spread over time;
  5. Durable medium: any means that enables the consumer or trader to store information addressed personally to them in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the option for the consumer to withdraw from the distance contract within the cooling-off period;
  7. Model form: the model withdrawal form that the trader makes available, which a consumer can complete to exercise their right of withdrawal;
  8. Trader: the natural or legal person who offers products and/or services to consumers at a distance;
  9. Distance contract: a contract under which, within a system organised by the trader for distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication, up to and including the conclusion of the contract;
  10. Technique for distance communication: means that can be used to conclude a contract without the consumer and trader being present in the same room at the same time.
  11. Terms and Conditions: the present Terms and Conditions of the trader.

Article 2 - Identity of the trader

Baby-Hunch.com (Inprovo)
Dorpsstraat 11
4284EE Rijswijk NB
The Netherlands

Phone: (+31) 85 060 7113
Email: info@baby-hunch.com
Chamber of Commerce: 62352636
VAT: NL854782862B01

Article 3 - Applicability

  1. These terms apply to every offer of the trader and every distance contract and order concluded between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these terms is made available to the consumer. If this is not reasonably possible, the trader will, before the distance contract is concluded, indicate that the terms are available for inspection at the trader's premises and will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, the text of these terms may, by way of derogation from the previous paragraph and before the contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, the trader will indicate where the terms can be consulted electronically before the contract is concluded and that they will be sent to the consumer free of charge electronically or otherwise on request.
  4. If, in addition to these terms, specific product or service terms also apply, paragraphs 2 and 3 apply mutatis mutandis, and the consumer can in case of conflicting terms always invoke the provision most favourable to them.
  5. If one or more provisions of these terms are at any time wholly or partly invalid or void, the contract and these terms remain in force for the rest, and the relevant provision will be replaced by mutual consent without delay by a provision that approximates the original as closely as possible.
  6. Situations not covered by these terms must be assessed in the spirit of these terms.
  7. Any ambiguity about the interpretation or content of one or more provisions of our terms must be interpreted in the spirit of these terms.

Article 4 - The offer

  1. If an offer has a limited validity or is subject to conditions, this is explicitly stated in the offer.
  2. The offer is non-binding. The trader is entitled to amend and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to evaluate the offer properly. If the trader uses images, these are an accurate representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the trader.
  4. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the contract.
  5. Product images are an accurate representation of the products offered. The trader cannot guarantee that the colours displayed exactly match the actual colours of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the way the contract will be concluded and what actions are required for that;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery and performance of the contract;
    • the period for accepting the offer, or the period during which the trader guarantees the price;
    • the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
    • whether the contract is archived after conclusion and, if so, how it can be consulted by the consumer;
    • the way the consumer, before concluding the contract, can check and, if desired, correct the data they have provided;
    • any other languages in which, alongside Dutch, the contract can be concluded;
    • the codes of conduct to which the trader is subject and how the consumer can consult these codes electronically; and
    • the minimum duration of the distance contract in case of a continuing performance contract.

Article 5 - The contract

  1. The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions specified.
  2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance electronically. As long as the trader has not confirmed acceptance, the consumer can dissolve the contract.
  3. If the contract is concluded electronically, the trader will take appropriate technical and organisational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the trader will observe appropriate security measures.
  4. The trader may, within statutory limits, ascertain whether the consumer can meet their payment obligations, as well as all those facts and factors important to a responsible conclusion of the distance contract. If, on the basis of this investigation, the trader has good reasons not to enter into the contract, they are entitled to refuse an order or request, with reasons, or attach special conditions to its performance.
  5. With the product or service, the trader will provide the consumer with the following information, in writing or in such a way that the consumer can store it accessibly on a durable medium:
    • the visiting address of the trader's establishment where the consumer can lodge complaints;
    • the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear notice of exclusion of the right of withdrawal;
    • information about guarantees and existing after-sales service;
    • the data referred to in Article 4 paragraph 3 of these terms, unless the trader has already provided these data to the consumer prior to performance of the contract;
    • the requirements for terminating the contract if the contract has a duration of more than one year or is for an indefinite period.
  6. In the case of a continuing performance contract, the previous paragraph only applies to the first delivery.
  7. Every contract is concluded subject to sufficient availability of the relevant products.

Article 6 - Right of withdrawal

For delivery of products:

  1. When purchasing products, the consumer has the option to dissolve the contract for 14 days without giving reasons. This cooling-off period starts 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.
  2. 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 delivered accessories and - if reasonably possible - in its original condition and packaging to the trader, in accordance with the reasonable and clear instructions provided by the trader.
  3. If the consumer wishes to exercise the right of withdrawal, they must notify the trader within 14 days of receiving the product. The consumer must do so via the model form or by another means of communication such as email. After making this known, the consumer must return the product within 14 days. The consumer must demonstrate that the goods have been returned in time, for example by means of proof of dispatch.
  4. If, after the periods mentioned in paragraphs 2 and 3, the consumer has not made known their wish to exercise the right of withdrawal or has not returned the product to the trader, the purchase is final.

For delivery of services:

  1. For services, the consumer has the option to dissolve the contract for at least 14 days without giving reasons, starting on the day the contract is concluded.
  2. To exercise the right of withdrawal, the consumer will follow the reasonable and clear instructions provided by the trader with the offer and/or no later than upon delivery.

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises the right of withdrawal, the costs of returning the goods are at most for their account.
  2. 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. This is subject to the condition that the product has already been received by the trader or that conclusive proof of complete return can be provided. Refunds will be made via the same payment method used by the consumer, unless the consumer expressly authorises another payment method.
  3. If the product has been damaged due to careless handling by the consumer, the consumer is liable for any reduction in the value of the product.
  4. The consumer cannot be held liable for the reduction in value of the product if the trader did not provide all legally required information about the right of withdrawal before the purchase agreement was concluded.

Article 8 - Exclusion of right of withdrawal

  1. The trader can exclude the right of withdrawal of the consumer for products as described in paragraphs 2 and 3. The exclusion only applies if the trader has clearly stated this in the offer or in good time before the contract is concluded.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that have been made by the trader in accordance with specifications of the consumer;
    • that are clearly personal in nature;
    • that, by their nature, cannot be returned;
    • that can spoil or age quickly;
    • whose price is subject to fluctuations on the financial market over which the trader has no influence;
    • for individual newspapers and magazines;
    • for audio and video recordings and computer software whose seal the consumer has broken;
    • for hygiene products whose seal the consumer has broken.
  3. Exclusion of the right of withdrawal is only possible for services:
    • relating to accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
    • whose performance has begun with the consumer's express consent before the cooling-off period has expired;
    • relating to bets and lotteries.

Article 9 - Price

  1. During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
  2. By way of derogation from the previous paragraph, the trader may offer products or services with variable prices where the prices are subject to fluctuations on the financial market over which the trader has no influence. This dependency on fluctuations and the fact that any prices stated are target prices is mentioned in the offer.
  3. Price increases within 3 months of conclusion of the contract are only allowed if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the trader has stipulated this and:
    • they result from statutory regulations or provisions; or
    • the consumer has the right to terminate the contract from the day on which the price increase takes effect.
  5. Prices stated in the offer of products or services include VAT.
  6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of such errors, the trader is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and guarantee

  1. The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of conclusion of the contract. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
  2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer may bring against the trader on the basis of the contract.
  3. The statutory guarantee applies to all products. The duration of the statutory guarantee may vary based on the nature of the product.
  4. Any defects or incorrectly delivered products must be reported in writing to the trader within 2 months of discovery.
  5. The guarantee does not apply if:
    • the consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
    • the delivered products have been exposed to abnormal conditions or otherwise treated carelessly or contrary to the trader's instructions and/or treatment instructions on the packaging;
    • the unsoundness is wholly or partly the result of regulations that the government has set or will set regarding the nature or quality of the materials used.

Article 11 - Delivery and performance

  1. The trader will exercise the greatest possible care when receiving and performing orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders with reasonable speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partly be fulfilled, the consumer will receive notice of this no later than 30 days after placing the order. In that case the consumer has the right to dissolve the contract free of charge. The consumer is not entitled to contractual compensation.
  4. All delivery times are indicative. The consumer cannot derive any rights from the times mentioned. Exceeding a period does not give the consumer the right to contractual compensation.
  5. In case of dissolution under paragraph 3 of this article, the trader will refund the amount the consumer has paid as soon as possible, but no later than within 14 days of dissolution.
  6. If delivery of an ordered product proves impossible, the trader will make an effort to make a replacement available. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement is being delivered. The right of withdrawal cannot be excluded for replacement items. The cost of any return shipment is at the trader's expense.
  7. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a designated representative made known to the trader, unless expressly agreed otherwise.

Article 12 - Continuing performance contracts: duration, termination and extension

Termination

  1. The consumer can terminate a contract concluded for an indefinite period and aimed at the regular delivery of products (including electricity) or services at any time, observing agreed termination rules and a notice period of no more than one month.
  2. The consumer can terminate a contract concluded for a fixed period and aimed at the regular delivery of products (including electricity) or services at any time at the end of the fixed period, observing agreed termination rules and a notice period of no more than one month.
  3. The consumer can:
    • terminate the contracts referred to in the previous paragraphs at any time, not being limited to termination at a specific time or in a specific period;
    • at least terminate them in the same way as they were concluded;
    • always terminate with the same notice period as the trader has stipulated for themselves.

Extension

  1. A contract concluded for a fixed period and aimed at the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
  2. By way of derogation from the previous paragraph, a fixed-term contract for the regular delivery of daily, news and weekly papers and magazines may be tacitly extended for a fixed period of up to three months, if the consumer can terminate this extended contract towards the end of the extension with a notice period of up to one month.
  3. A fixed-term contract for the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate 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 case of a contract for the regular but less than monthly delivery of daily, news and weekly papers and magazines.
  4. A limited-term contract for the introductory regular delivery of daily, news and weekly papers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

  1. If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time 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

  1. Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period referred to in Article 6 paragraph 1. In the case of a contract for the provision of a service, this period starts after the consumer has received confirmation of the contract.
  2. The consumer has a duty to immediately notify the trader of any inaccuracies in the payment information provided or stated.
  3. In case of default by the consumer, the trader, subject to statutory limitations, has the right to charge the consumer reasonable costs that have been disclosed to them in advance.

Article 14 - Complaints procedure

  1. The trader has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints about the performance of the contract must be submitted to the trader fully and clearly described within 2 months after the consumer discovered the defects.
  3. Complaints submitted to the trader will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the trader will respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is open to the dispute resolution procedure.
  5. For complaints, a consumer should first contact the trader. If the webshop is a member of WebwinkelKeur and complaints cannot be resolved by mutual agreement, the consumer should contact WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this webshop has a current membership at https://www.webwinkelkeur.nl/ledenlijst/. If a solution is still not reached, the consumer has the option to have the complaint handled by the independent disputes committee appointed by WebwinkelKeur, whose ruling is binding and to which both trader and consumer agree. Submitting a dispute to this committee involves costs that the consumer must pay to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the trader's obligations, unless the trader indicates otherwise in writing.
  7. If a complaint is found to be justified by the trader, the trader will, at their option, replace or repair the delivered products free of charge.

Article 15 - Disputes

  1. Contracts between the trader and the consumer to which these terms apply are governed exclusively by Dutch law, even if the consumer is a resident abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 - Additional or deviating provisions

Additional provisions or provisions deviating from these terms must 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 medium.