Article 1 - Definitions
For the purposes of these terms and conditions:
- Concerns: the period within which the Buyer who is a Consumer may exercise his right of withdrawal;
- Consumer: the natural person not acting in the course of a profession or business and entering into a remote agreement with Natural Baby
- Right of withdrawal: the possibility for the Consumer to waive the Distance Contract within the Reminder Period
- Buyer: the party with whom a Distance Contract is concluded, whether or not it is a Consumer
- Model revocation form: the model revocation form provided by Natural Baby which a Consumer can fill in when he wants to exercise his right of revocation.
- Natural Baby: the natural or legal person who offers products and/or services at a distance to Consumers;
- Distance Contract: an agreement under which one or more means of distance communication is used exclusively via the Natural Baby website or any other system organized by Natural Baby for the distance sale of products, up to and including the conclusion of the agreement;
- General Terms and Conditions: the present Natural Baby General Terms and Conditions.
Article 2 - Identity of Natural Baby
Trade name: NATURAL BABY
Article 3 - Provision of services (Dropshipping)
- www.naturalbaby.co is a dropshipping company. This means that through the Natural Baby website it is possible to purchase products from third parties, who may or may not be located in the European Union. Placing an order through the Natural Baby website means that the Purchaser instructs (and authorizes) Natural Baby, as an intermediary, to order the product from the supplier of that product ("Supplier") on behalf of and for the account of the Purchaser. The Supplier will ship the product directly to the Purchaser.
- If the Supplier is established outside the European Union, the product will be imported in the name of the Purchaser. Any additional costs, such as import VAT and (customs) clearance fees shall be borne by the Buyer. Incidentally (at the time these General Terms and Conditions were drawn up) no import VAT or customs clearance costs apply to shipments from a non-EU country to the European Union with a value of no more than EUR 22 (excluding shipping costs).
- The Purchaser who is a Consumer may apply to Natural Baby for the exercise of all legal rights he has against the Supplier, provided in accordance with the provisions of these General Terms and Conditions.
- Payment of the purchased product is made via Natural Baby, which makes payment to the Supplier on behalf of the Purchaser. The price payable by the Purchaser is not necessarily equal to the price paid by Natural Baby to the Supplier. Any difference between these amounts is then considered compensation for the brokerage service provided by Natural Baby.
Article 4 - Applicability
- These Terms and Conditions apply to any offer made by Natural Baby, any order placed by a Buyer with Natural Baby, and any remote agreement entered into with a Buyer (including supplemental, amended, and follow-up agreements). The applicability of any terms and conditions or (purchase) conditions of Natural Baby's counter parties is expressly disclaimed.
- Before the Distance Contract is concluded with a Consumer, the text of these General Terms and Conditions will be made available to the Consumer or made available to the Consumer electronically in such a way that the Consumer can easily store them on his computer or another durable data carrier. If this is not reasonably possible, prior to the conclusion of the Distance Contract, it will be indicated where the General Terms and Conditions can be consulted electronically and that, at the Consumer's request, they will be sent electronically or otherwise free of charge.
- If one or more provisions of these General Terms and Conditions are at any time wholly or partially null and void or nullified, the agreement and these Terms and Conditions shall otherwise remain in force and the provision in question shall be replaced immediately by a provision that approximates the purport of the original as closely as possible in mutual consultation.
Article 5 - The offer
- Each offer has a limited period of validity, i.e. either the period for which the offer is made on the Natural Baby website or until the products concerned are no longer in stock ("run out"). If the offer is made under specific conditions, this will be expressly stated in the offer.
- The offer is non-binding. Natural Baby is entitled to change and modify the offer. If an agreement has been made with Natural Baby it will confirm the agreement by email.
- Delivery times shown on Natural Baby's website are indicative and, if exceeded, do not entitle the Buyer to dissolution or damages, unless expressly agreed otherwise.
- The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the Buyer. Natural Baby is not bound by an offer if the Buyer could reasonably have expected or should have expected or should have understood that the offer contains an obvious mistake or slip of the pen. The Buyer cannot derive any rights from this mistake or error.
- All illustrations and specifications and other data in the offer are an indication and, in the event of inaccuracy and/or deviations, cannot be a reason for compensation or dissolution of the agreement (unless it concerns deviations from the essential product characteristics to such an extent that it actually concerns a different product than that ordered by the Buyer).
- Product images are a true representation of the products offered. Natural Baby cannot guarantee that the colours shown correspond exactly with the real colours of the products.
Article 6 - The price
- PLEASE NOTE: because Natural Baby is a "mediator" as mentioned in article 3, the prices mentioned in the offer are exclusive of VAT and other government levies as well as shipping and possible transport and packaging costs, unless explicitly stated otherwise. For consumers, therefore, a price excluding VAT, taxes and shipping costs is shown.
- The Buyer is responsible for the import and payment of VAT and any import duties on the products purchased by the Buyer. Buyer is deemed to be in possession of any required import and/or payment licenses. The absence or withdrawal of these permits does not release the Buyer from the obligation to purchase the goods in the agreed manner. If Natural Baby does not sell the goods cleared through customs, the Purchaser cannot derive the right to cancel the order. If the Buyer is required to pay import duties, these costs are entirely at the expense and risk of the Buyer. Nor can the right to cancel the order be derived from a change in any quality regulations and/or objections made by third parties to the goods on the grounds of patents, trademarks and other rights.
- The prices as mentioned in the offer are based on the cost factors applicable at the time of concluding the agreement, such as: import and export duties, freight and unloading costs, insurance and any levies and taxes. Any advantageous and disadvantageous differences at the time of arrival, departure or delivery shall be for the benefit or at the expense of the Buyer respectively.
- All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, Natural Baby is not obliged to deliver the product according to the wrong price.
- A composite quotation does not oblige Natural Baby to deliver any part of the items included in the offer or quotation for a corresponding part of the quoted price.
Article 7 - The Agreement
- Subject to the provisions of paragraph 4, the agreement is concluded when the Buyer accepts the offer and meets the conditions set.
- IIf the Buyer has accepted the offer electronically, Natural Baby will promptly acknowledge receipt of acceptance of the offer electronically. Until receipt of such acceptance is confirmed by Natural Baby, the Purchaser may rescind the agreement.
- If the agreement is concluded electronically, Natural Baby will take appropriate technical and organizational measures to secure the electronic transfer of data and provide a secure web environment. If the Buyer is able to pay electronically, Natural Baby will take appropriate security measures to that effect.
- Natural Baby may - within the limits of the law - ascertain whether the Buyer is able to meet its payment obligations, as well as all facts and factors relevant to a responsible conclusion of the Distance Contract. If, as a result of this investigation, Natural Baby has reasonable grounds not to enter into the Agreement, it is entitled to refuse an order or request, with reasons, or to attach special conditions to its performance.
- Natural Baby shall accompany the product or service to a Consumer with the following information, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable data carrier:
- the visiting address of the Natural Baby branch to which the Consumer can turn with complaints;
- the conditions under which and the manner in which the Consumer may exercise the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
information on warranties and existing after-sales service;if the consumer has a right of withdrawal, the model withdrawal form.
Buyer shall ensure that Natural Baby is provided in a timely manner with all information which Natural Baby indicates is necessary or which the Buyer should reasonably understand is necessary for the execution of the agreement. If the information necessary to execute the agreement is not provided to Natural Baby in a timely manner, Natural Baby has the right to suspend execution of the agreement and/or charge the Buyer for any additional costs resulting from the delay at its usual rates.
- Natural Baby shall not be liable for damages of any kind arising out of Natural Baby's reliance on inaccurate and/or incomplete information provided by Buyer, unless such inaccuracy or incompleteness was known to Natural Baby.
Article 8 - Right of withdrawal
- When purchasing products, the Buyer who is a Consumer has the option of dissolving the agreement without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the Consumer or a representative designated in advance by the Consumer and announced to Natural Baby.
- During the Remembrance Time, the Consumer will handle the product and its 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 delivered accessories and - if reasonably possible - in its original condition and packaging to Natural Baby, in accordance with the reasonable and clear instructions provided by Natural Baby.
- If the Consumer wishes to make use of his right of withdrawal, he is obliged to inform Natural Baby within 14 days after receipt of the product. The Consumer must make this known by means of the Model Form. After the Consumer has notified Natural Baby that he wishes to exercise his right of withdrawal, the Consumer must return the product within 14 days. The Consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
- If, after the expiry of the periods mentioned in paragraphs 2 and 3, the customer has not expressed his wish to exercise his right of withdrawal or has not returned the product to Natural Baby, the purchase is a fact.
Article 9 - Costs in case of revocation
- If the Consumer makes use of his right of withdrawal, the costs of returning the goods shall be borne by him.
- If the Consumer has paid an amount, Natural Baby will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by Natural Baby or the Supplier or 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 consents to a different payment method.
- In the event of damage to the product due to careless handling by the Consumer himself, the Consumer is liable for any reduction in value of the product.
Article 10 - Exclusion Right of withdrawal
- The following products are excluded from the right of withdrawal:
- products that are clearly personal in nature;
- products which, by their nature, cannot be returned;
- products that can spoil or age quickly;
- products whose price is subject to fluctuations in the financial market over which Natural Baby has no influence;
- audio and video recordings and computer software of which the Buyer has broken the seal;
- Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
- products manufactured at Purchaser's request, in accordance with Purchaser's specifications;
- Sealed audio, video recordings and computer software, the seal of which has been broken after delivery
Article 11 - Conformity and Warranty
- Natural Baby guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. Natural Baby points out that certain products, including external care products, have a limited best-before date, which is stated on the product in question at all times. The buyer should take this shelf life into account in order to guarantee the quality and safety of the product in accordance with the manufacturer's warranty.
- A warranty provided by Natural Baby, the Supplier, a manufacturer or importer does not affect the Consumer's legal rights and claims against Natural Baby under the agreement.
- Any defects or incorrectly delivered products must be reported in writing to Natural Baby within 4 weeks after delivery. Products must be returned in their original packaging and in new condition.
- The warranty period of Natural Baby corresponds to the manufacturer's warranty period. However, Natural Baby is never responsible for the ultimate suitability of the products for any individual application by the Consumer, nor for any advice regarding the use or application of the products.
In the event of a warranty claim, Natural Baby will, at its option, provide replacement or repair. In case of replacement, Purchaser agrees to return the replaced item to Natural Baby.
The guarantee does not apply if:
- The Consumer has repaired and/or processed the delivered products himself or had them repaired and/or processed by third parties;
- The delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the instructions of Natural Baby and/or have been treated on the packaging;
- The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or the quality of the materials used.
Article 12 - Delivery and execution
- Natural Baby will handle product orders with the utmost care.
- The place of delivery shall be the address provided by the Buyer to Natural Baby.
- Natural Baby will execute accepted orders expeditiously. All delivery times are indicative, however, for delivery of products from outside the European Union longer delivery times apply than those indicated on the website. This period depends on the delivery time of the Supplier. The Purchaser can never derive any rights from any of these periods. If an order cannot be carried out or can only be carried out in part, the Purchaser will be informed of this within 30 days after he has placed the order. In that case, the Purchaser who is a Consumer has the right to dissolve the agreement free of charge with regard to products that cannot be delivered or cannot be delivered within a reasonable period of time. Natural Baby is entitled to deliver the goods in parts, unless this has been deviated from by agreement or the partial delivery does not have an independent value. Natural Baby has the right to invoice the goods separately. Failure to meet a deadline does not entitle the Buyer to compensation.
- In the event of termination in accordance with the provisions of paragraph 3 of this article, Natural Baby will refund the amount paid by the Buyer as soon as possible, but no later than 14 days after termination.
- If delivery of an ordered product turns out to be impossible, Natural Baby will endeavour to provide a replacement item. At the latest upon delivery it will be clearly and comprehensively stated that a replacement article will be delivered. In case of replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by Natural Baby.
- The risk of damage and/or loss of products rests with Natural Baby up to the time of delivery to the Purchaser or a designated representative and notified to Natural Baby in advance, unless expressly agreed otherwise. Acceptance of items without notes on the waybill/invoice serves as proof that the packaging was in good condition at the time of delivery.
Article 13 - Payment
- Unless otherwise agreed, the amounts owed by the Buyer must be paid immediately after placing the order (or entering into the agreement).
- The Buyer is obligated to promptly report any inaccuracies in payment details provided or stated to Natural Baby.
- If the Consumer fails to meet his payment obligation(s) on time, after being notified of the late payment by Natural Baby and after Natural Baby has granted the Consumer a 14 day period to meet his payment obligations, Natural Baby shall owe the Consumer the statutory interest on the outstanding amount and Natural Baby shall be entitled to charge any extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2.500,=; 10% on the next € 2.500,= and 5% on the next € 5.000,= with a minimum of € 40,=. Natural Baby may deviate from these amounts and percentages for the benefit of the Consumer.
Article 14 - Provisions on website and products
- Natural Baby is not responsible for any errors and/or irregularities in the functionality of its website and shall not be liable for any malfunction or unavailability of the website for any reason.
- Natural Baby does not guarantee the correct and complete transfer of the content of e-mail sent by/on behalf of Natural Baby, nor its timely receipt.
- All claims by Purchaser for failure on the part of Natural Baby shall lapse if they are not reported to Natural Baby in writing with reasons within one year after Purchaser became aware or could reasonably have become aware of the facts on which it bases its claims.
- Natural Baby expressly rejects - to the extent permitted by law - all liabilities and claims of Buyers and third parties who have suffered (physical) damage due to careless, incorrect or unnecessary use of the products. The products must only be used in accordance with the instructions for use. In the event of medication use, the Buyer must consult his GP at all times.
- Any advice given on the use of the products by Natural Baby is only general and non-binding in nature. It is the responsibility of each Purchaser to determine whether the product is suitable for them. If in doubt, contact the Purchaser's physician or physician for an assessment of the use in the specific case.
- Personal care products and electrical appliances should be kept out of the reach of young children. In addition, the products should be stored according to the instructions for use determined for each product. Natural Baby advises consulting an expert before using external care products in case of pregnancy, lactation, use of medication and in case of doubt about hypersensitivity to one of the ingredients.
Article 15 - Overpower
- Natural Baby is not liable to Purchaser if it is unable to fulfill its obligations under the agreement due to a force majeure situation. Force majeure shall in any case include, in addition to what is understood by law and case law in this respect: (i) force majeure of Natural Baby's suppliers, (ii) government measures, (iii) power failure, (iv) failure of the Internet, data network and telecommunications facilities (e.g., by: cybercrime and hacking), (v) natural disasters, (vi) war and terrorist attacks, (vii) general transportation problems, (viii) strikes in Natural Baby's business, and (ix) other situations beyond Natural Baby's control that temporarily or permanently prevent it from performing its obligations.
- The parties may suspend the obligations arising from the agreement during the period of force majeure. If this period lasts longer than two months, each of the Parties shall be entitled to dissolve the Agreement, without any obligation to compensate the other Party for damages.
- To the extent that Natural Baby has already partially fulfilled its obligations under the agreement at the time of the force majeure, or will be able to fulfil them, and the part already fulfilled or still to be fulfilled is of independent value, Natural Baby is entitled to invoice the part already fulfilled or still to be fulfilled separately. The buyer is obliged to pay this invoice as if it were a separate agreement.
Article 16 - Legal actions
- In case of complaints a Purchaser should first contact Natural Baby. A complaint does not suspend Natural Baby's obligations unless Natural Baby indicates otherwise in writing.
- Complaints about the implementation of the agreement must be submitted to Natural Baby within 7 days after the Buyer has identified the defects.
- Replies to complaints made to Natural Baby shall be received within 14 days of the date of receipt. If a complaint requires a foreseeable longer processing time, Natural Baby will respond within 14 days with an acknowledgement of receipt and an indication of when the Buyer can expect a more detailed response.
- The Buyer must give Natural Baby at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to dispute resolution.
- If a complaint is found justified by Natural Baby, Natural Baby will, at its option, either replace or repair the delivered products free of charge. If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to dispute resolution.
- A consumer can also turn to an arbitration board for complaints via the European ODR Platform (https://ec.europa.eu/consumers/odr/).
Article 17 - Disputes
- Agreements between Natural Baby and the Buyer covered by these Terms and Conditions are governed exclusively by Dutch law, even if the Buyer is resident abroad. All disputes arising out of or in connection with the agreement between Natural Baby and the Buyer shall be brought before the competent court in Amsterdam, unless mandatory provisions lead to the jurisdiction of another court.
- The Vienna Convention on Contracts for the International Sale of Goods does not apply.
The offer of movable touches on Website is not sold by Website holder, but by Seller. For the purchase of movable property, therefore, a contract is concluded between the Buyer and the Seller. The Website Holder is therefore not a party to this contract of sale. For the sake of convenience, the general terms and conditions applicable between the Seller and the Buyer are included in this document. Note that these general terms and conditions apply between the Buyer and the Seller and are therefore not revocable against the Website Holder.
ARTICLE 1 - DEFINITIONS
For the purposes of these mediation conditions:
- Website: the platform made available via naturalbaby.shop, including all associated subdomains.
- Buyer: the person who makes a purchase on the above-mentioned website.
- Seller: a company which, either as a producer or as a trader, sells movable property to the Buyer.
ARTICLE 2 - PURCHASER'S RIGHTS
If the Seller is established in a country of the European Union (EU), Norway, Liechtenstein or Iceland, the European Distance Selling Directive applies. This Directive includes the following rights and warranties:
- The Vendor shall provide the Purchaser with information regarding taxes, payment, delivery and execution of the agreement clearly and in writing.
ARTICLE 3 - NATURE OF THE MEDIATION SERVICE
- The offer of movable touches on Website is not sold by Website holder, but by Seller. For the purchase of movable property, therefore, a contract is concluded between the Buyer and the Seller. The Website Holder is therefore not a party to this contract of sale.
- Through the Website, certain movable property is purchased from third parties, whether or not established in the European Union.
- The service provided by the Website Holder is a mediation service provided to a third party. When ordering a movable item via the Website, the Website Holder is authorised to act as a mediator, in the name of the Buyer and on behalf of the Buyer, and to order the movable item from the actual Seller of the movable item in question.
- If the actual Seller has its registered office outside the European Union and as a result the movable property in question has to be imported, this shall take place under the name of the Buyer. Additional costs, such as import VAT and (customs) clearance costs shall be borne by the Buyer.
ARTICLE 4 - PAYMENT
- The settlement of the payment of the purchased product takes place via Web. The Website Holder is also responsible for (re)payment to the actual Seller.
- It is possible that the prices mentioned on the Website differ from the amounts that the Website Holder (re)pays to the actual Seller. The Seller may be given the opportunity to purchase the product for a lower amount after it has been purchased by the Buyer. In these cases, the difference between the amount paid by the Buyer and the amount paid to the actual Seller is considered compensation for the mediation service provided by the Website Holder to the third party.
ARTICLE 5 - COMPLAINTS PROCEDURE
- In the event that the Buyer is dissatisfied with the manner in which the (mediation) agreement has been executed, this can be communicated to the Website Holder via the contact details mentioned on the Website. Every notification made by the Buyer will be handled with the greatest care and as soon as possible by the Website Holder. The Website Holder will give a substantive response to the Buyer no later than fourteen days after receipt of the report.
- In the event of dissatisfaction with the procedure referred to in paragraph 1 of this article, the Buyer may turn to the Disputes Committee of the European ODR Platform (https://ec.europa.eu/consumers/odr/).