General terms and conditions

Table of Contents General Terms and Conditions


 Article 1 - Definitions

 Article 2 - Identity of the entrepreneur

 Article 3 - Applicability

 Article 4 - The offer 

 Article 5 - The agreement

 Article 6 - The price

 Article 7 - Delivery and implementation

 Article 8 - Complaints, returns and withdrawal obligation

 Article 9 - Payment

 Article 10 - Complaints

 Article 11 - Liability


 Article 1 - Definitions

 In these terms and conditions, the following terms shall have the following meanings:

 1. Grace period: The period within which the consumer can make use of his right of withdrawal;

 2. Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

 3. Day: calendar day;

 4. Extended duration transaction: a remote agreement related to a series of products and/or services, of which the obligation to supply and/or purchase is spread over a period of time;

 5. Durable data carrier: every means that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that allows for future consultation and unaltered reproduction of the stored information.

 6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

 7. Entrepreneur: the natural or legal person who offers products and/or services to consumers from a distance;

 8. Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;

 9. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being together in the same room at the same time.


 

 Article 2 - Identity of the entrepreneur

 Name of the entrepreneur: Velvetbaby

 E-mail address: info@velvetbaby.nl

 Chamber of Commerce number: 78695333

VAT number: NL003373060B41



Article 3 - Applicability / General

 These general conditions apply to any offer from the entrepreneur and any agreement reached at a distance between the entrepreneur and the consumer.

 2. Before the remote agreement is concluded, the text of these general conditions will be made available to the consumer. If this is not reasonably possible, then before concluding the distance selling agreement, it shall be stated that the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible, at the consumer's request.

 3. Accepting an offer and/or placing an order means that the buyer accepts the applicability of these terms and conditions.



 Article 4 - The offer

 1. If an offer has a limited validity or if it is made under certain conditions, this will be explicitly mentioned in the offer.

 2. 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 properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.



Article 5 - The Agreement

 1. The agreement comes into being, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated are fulfilled.

 2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.

 3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the entrepreneur will observe appropriate safety measures.

 4. The entrepreneur may - within legal limits - obtain information about the consumer's ability to fulfil his payment obligations, as well as about all those facts and factors which are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or request while giving reasons, or to attach special conditions to the implementation.

 5. The entrepreneur will, together with the product or service, send the consumer the following information, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier: 1. the email address of the entrepreneur where the consumer can go with complaints: info@velvetbaby.nl 2. the data included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided the consumer with these data before the execution of the agreement;

 6. In case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.



 Article 6 - The price

 1. As long as the agreement has not been concluded, the entrepreneur is authorized to change the prices, offers and other conditions. Buyers cannot derive any rights from prices and offers from the (recent) past;

 2. The prices stated in the offer of products or services include 21% VAT and exclude shipping costs;

 3. The shipping costs that are charged for shipments within the Netherlands amount to € 4.95 for all shipments. Shipping costs above €75 are borne by the Entrepreneur. The shipping costs depend on the weight and size of the package.

 4. Obvious mistakes or errors in the offer are not binding for the entrepreneur.



 Article 7 - Delivery and implementation

 1. The entrepreneur will take the greatest possible care when receiving and in the execution of orders of products and in the assessment of applications for the provision of services.

 2. The place of delivery is the address that the consumer has made known to the company.

 3. The company aims to ship orders within 3-5 working days, but no later than 30 days after receipt of payment, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be filled or can be filled only partially, the consumer will be informed about this within 30 days after he has placed the order.

 4. The entrepreneur is not liable for delays caused by postal and parcel delivery services.

 5. The entrepreneur is not liable for any damage whatsoever as a result of exceeding the announced delivery dates.

 6. If delivery of an ordered product turns out to be impossible, the entrepreneur shall make an effort to provide a replacement article. The fact that a replacement article is being delivered shall be stated clearly and comprehensibly, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The cost of any return shipment shall be borne by the entrepreneur.

 7. The risk of damage and/or loss of products rests with the entrepreneur up to the moment of delivery to the consumer or a previously designated and notified to the entrepreneur representative, unless otherwise expressly agreed. Exceptions to this are small damages, such as creases, that occur during the shipping process.



Article 8 - Complaints, returns and obligation to revoke

1. Trader will do everything possible to deliver a good product to you. We advise you to inspect the delivered articles immediately after receipt. If the ordered articles do not meet your expectations, you should inform us by email no later than 72 hours after receipt. The Company will then try to resolve any problems or complaints in consultation with the Buyer in the best way possible.

2. During the cooling-off period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he wishes to exercise his right of withdrawal, he shall return the product to the entrepreneur with all accessories supplied and - if reasonably possible - in the original state and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.

3. The Buyer has the right to return the products delivered by the Entrepreneur within 14 days of receipt. During the 14-day trial period, the Buyer must handle the Products and their packaging with care. The Buyer shall only unpack or use the product to the extent necessary to judge whether it is suitable to keep the product.

4. The articles may be returned within the trial period in the original packaging, accompanied by a copy of the relevant invoice. The buyer is responsible for paying the related shipping costs.

5. If the items are unused, undamaged and returned in a timely and correct manner, the Company shall pay the price paid, excluding the shipping costs, at the latest within 30 days after receipt of the items. In this context, unused and undamaged also includes damage caused by the smell of cigarette smoke, perfume or other clearly present odours.



 Article 9 - Payment

 1. The purchase and sale agreement is concluded at the moment that you accept the offer and meet the conditions set. As long as the receipt of this acceptance has not been confirmed by e-mail, the customer may dissolve the agreement.

 2. The consumer has the duty to immediately report inaccuracies in payment data provided or mentioned to the entrepreneur.

 3. The consumer can choose from the following payment methods: Shopify Payments (various methods).



 Article 10 - Complaints

 1. Complaints can be made by the consumer via email to the entrepreneur.

 2. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.

 3. Complaints about the implementation of the agreement must be submitted to the entrepreneur within reasonable time, fully and clearly described, after the consumer has found the defects.

 4. Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur shall respond within 14 days with a notice of receipt and an indication of when the consumer can expect a more detailed answer.

 5. The consumer can also submit a dispute to the dispute commission via the ODR platform http://ec.europa.eu/consumers/odr/)


 

 Article 11 - Liability

 1 .All liability of the entrepreneur and the products of the entrepreneur for all damages of any kind, direct or indirect, is excluded. Neither is the entrepreneur liable for damages caused by third parties during the execution of the contract.

 2. The Company accepts no liability for any damage resulting from the use of the Products of the Company.

 3. The liability of the Company is always limited to a maximum of the purchase price of the relevant article.

 4. For misunderstandings, mutilations, delays or improper transmission of orders and communications resulting from the use of Internet or other communication between you and the Company, or between the Company and third parties, as it relates to the relationship between you and the Company, the Company is not liable, unless there is intent or gross negligence.


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