General conditions
the Childbirth Dress
Our general terms and conditions conform to the guidelines of the Authority Consumer and Market (ACM). So the rights of consumers are well safeguarded.
Article 1. Identity of the entrepreneur
1.1 Entrepreneur’s identity:
the Childbirth Dress
Sailway 32-36
8243PK Lelystad
Chamber of Commerce number: 58407227
VAT number: NL001536510B94
E-mail: info@hetbevallingsjurkje.nl
Article 2. Applicability
2.1 These general terms and conditions (hereinafter referred to as “General Terms and Conditions“) apply to all orders placed by the Bevallingsjurkje through the webshop. Both and the consumer recognize the legal validity of electronic communications, as also stipulated in European regulations. The consumer cannot derive any rights from any agreed deviations in future orders.
2.2 Placing an order implies that the consumer accepts the applicability of these terms and conditions.
2.3 The provisions of these terms and conditions may be deviated from only in writing, in which case the remaining provisions shall remain in full force and effect.
Article 3. Agreements
3.1 An agreement is established only after acceptance of the consumer’s order by the Childbirth Dress. As long as the Childbirth Dress has not confirmed the order to the consumer, no agreement has been established. If the consumer’s acceptance differs from the delivery dress offer, the delivery dress is not bound by it. No agreement is then established unless the parties have expressly agreed otherwise in writing.
3.2 the Childbirth Dress reserves the right to refuse orders. The consumer shall be notified of such refusal with or without reason. Any payment already made will of course be refunded in that case to the account of the bank or credit card company from which that payment originated.
3.3 Ordering from us – either through the website or by e-mail – creates a legally valid purchase agreement on which payment must follow.
Article 4. Prices / shipping costs / payment / retention of title / non-payment
4.1 The prices stated for the products and services offered are in euros including VAT, unless explicitly stated otherwise.
4.2 For transport within the Netherlands, excluding the Caribbean Netherlands, Bevallingsjurkje charges a maximum of €4.95. For consumers from countries other than the Netherlands, the contribution to shipping costs depends on the country and the amount of the order. the Birth Dress reserves the right to conform this amount to the most current pricing for these services by DHL Parcel or an equivalent parcel service provider.
4.3 the Childbirth Dress works in principle by prepayment. After an order is placed, the consumer will receive an email confirmation stating the total cost, including shipping costs. No additional fees are charged for online payments. Upon receipt of full payment, Childbirth Dress will ship the consumer’s order. All items remain the property of Childbirth Dress until full payment is received.
4.4 Upon request, the consumer can pay her/his order in arrears by e-mail(info@hetbevallingsjurkje.nl). the Childbirth Dress may deny this request if it has good cause.
4.5 There is a default of payment if 21 days after the conclusion of the agreement the invoice amount has not been paid or not yet paid in full. The consumer will then be summoned in writing to pay the whole or the remaining amount by return of post. If the amount is not paid within 14 days after receipt of the reminder, the Bevallingsjurkje is entitled to collect the amount to be claimed plus at least € 40, – (or have it collected), this in accordance with the Decree on compensation for extrajudicial collection costs, or to dissolve the agreement.
Article 5. Delivery
5.1 the Childbirth Dress generally ships all orders within 1-2 business days after receipt of the order via DHL Parcel (or equivalent parcel service) to the delivery address specified at the time of order. Should we deviate from this for certain reasons the consumer will be notified by e-mail. If the consumer is not at home at the time of delivery, the consumer can pick up the package at a nearby DHL Parcelshop/Parcel Station. Should the package not be picked up within 3 weeks, the package will be returned by us. the Childbirth Dress will refund the purchase price minus shipping costs to the consumer.
5.2 When deadlines are stated in working days, this means all days from Monday to Friday, excluding legal holidays.
5.3 The indicated delivery times are indicative only. Exceeding the agreed delivery times does not give the consumer the right to compensation, dissolution of the agreement or non-fulfillment of any obligation that may arise for the consumer under this or any other related agreement.
5.4 The product must be delivered to the consumer no later than 30 days after ordering. If this is not done, the consumer can immediately cancel the purchase. The foregoing does not apply if the parties have agreed on a different delivery period, if there is force majeure on the part of the Delivery Dress or the third party or parties engaged by it.
5.5 the Childbirth Dress strives to deliver the order all at once, but may also deliver the order in installments.
5.6 We do our best to keep the website as up-to-date as possible. However, it may happen that an item is unexpectedly no longer available. In that case, Childbirth Dress will contact the consumer as soon as possible.
Article 6. Right of withdrawal / return / warranty
6.1 After receipt by the consumer of the items ordered via our web shop or by e-mail, the consumer has a cooling-off period as described in article 6.3.
6.2 The item must be checked upon receipt for any errors, imperfections or damage. These must be reported to us by e-mail within 14 days of receipt by the consumer. Items with a flaw, imperfection or damage that are returned without notification of a flaw, imperfection or damage within 14 days of receipt by the consumer cannot be accepted.
6.3 If the consumer is not satisfied with the order via our web shop or by email, the consumer can indicate his/her wish to return the item(s) within 14 days of receiving the item(s). The consumer shall ship the item(s) to be returned with the packing slip immediately, but in any case within fourteen days of receipt to Delivery Dress. The consumer bears the cost of return shipping.
6.4 The right of withdrawal does not apply to items that are sensitive in terms of hygiene.
6.5 If the consumer has returned the items ordered, the consumer may exchange them for another size or receive a refund of the purchase price including the shipping costs paid to Delivery Dress, subject to the provisions of article 6.6. If the consumer keeps part of the order, the consumer will only be refunded the purchase price of the returned items, not the shipping costs.
6.6 Within 14 days of receiving the returned items, we will instruct the banking company used during the placement of the original order to return the amount already paid (including any standard shipping costs) to the consumer. Any higher shipping costs for the original shipment of the Childbirth Dress to the consumer, which the consumer has chosen, than the least expensive method of standard delivery offered by Childbirth Dress, will not be reimbursed by Childbirth Dress.
6.7 The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. If you exercise your right of withdrawal, the product will be returned to the entrepreneur with all delivered accessories and – if reasonably possible – in its original condition and packaging. Should the product be damaged or the packaging damaged more than necessary to sell the product, we may pass this depreciation of the product on to you. So treat the product with care and make sure it is properly packaged when you return it.
6.8 Based on the law, the consumer is entitled to a sound product, which must meet the expectations that the consumer may reasonably have of it. We will resolve any problem with the soundness of the product as soon as possible. Should the solution not meet the consumer’s expectation, the consumer may cancel the order, at no additional cost.
6.9 The warranty referred to in this article and the right of withdrawal lapse, among other things, if:
- The item has been worn and/or washed (this does not include trying on the clothing);
- The item has been damaged by the consumer and/or the consumer has attempted to repair the damage or defect;
- The label(s) and/or accessories have been removed or are missing;
- The consumer did not follow the operating instructions and/or instructions for use; and/or
- The item was manufactured according to the specification(s) provided by the consumer.
Article 7. Force majeure
7.1 the Bevallingsjurkje has in case of force majeure the right, at its option, to suspend the implementation of the order, or to dissolve the agreement without judicial intervention, such by communicating this in writing and such without the Bevallingsjurkje is obliged to any compensation, unless in the circumstances to standards of reasonableness and fairness would be unacceptable.
7.2 Force majeure shall mean any shortcoming that cannot be attributed to the Bevallingsjurkje, because it is not due to its fault and neither by virtue of the law, legal act or generally accepted practice.
Article 8. Liability
8.1 the Childbirth Dress is not liable for indirect damages. the Childbirth Dress will only invoke this exclusion of liability if and to the extent permitted by law.
Article 9. Miscellaneous
9.1 If the consumer gives the Birth Dress an address in writing, the Birth Dress is entitled to send all orders to that address, unless the consumer gives the Birth Dress written notice of another address to which the orders should be sent.
9.2 When by the Bevallingsjurkje for a short or longer time, whether tacitly or not, deviations from these General Conditions are allowed, this does not affect its right to still demand direct and strict compliance with these General Conditions. The consumer can never assert any rights based on the fact that the Childbirth Dress smoothly applies these Terms and Conditions.
9.3 If one or more of the provisions of these Terms and Conditions or any other agreement with the Bevallingsjurkje is/are contrary to any applicable legal regulation, the provision in question will lapse and will be replaced by a new legally permissible similar provision to be determined by the Bevallingsjurkje.
9.4 the Bevallingsjurkje is authorized to use third parties in the execution of the order(s).
Article 10. Complaint Resolution
10.1 the Childbirth Dress has a sufficiently publicized complaint procedure and will handle the complaint in accordance with this complaint procedure.
10.2 Complaints about the performance of the agreement must be submitted to the Delivery Dress within 7 days fully and clearly described, after the consumer has found the defects.
10.3 Complaints submitted to the Delivery Dress will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the Delivery Dress will respond within the 14-day period with a notice of receipt and an indication of when the consumer can expect a more detailed response.
10.4 In any case, the consumer gives the Delivery Dress 4 weeks to resolve the complaint by mutual agreement. If the complaint cannot be resolved by mutual agreement, a dispute arises that is amenable to the dispute resolution process, as described in Article 10.5.
10.5 In case of complaints, a consumer should first contact the Childbirth Dress (info@hetbevallingsjurkje.nl). the Childbirth Dress will handle complaints as described in Article 10.3. For complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If there is still no solution, the consumer has the option of having his complaint handled by the independent arbitration board appointed by Stichting WebwinkelKeur, the ruling is binding and both the Bevallingsjurkje and consumer agree to this binding decision. There are costs associated with submitting a dispute to this dispute committee, which must be paid by the consumer to the relevant committee. It is also possible to file complaints through the European ODR platform (http://ec.europa.eu/odr).
10.6 A complaint does not suspend the consumer’s obligations unless the Delivery Dress indicates otherwise in writing.
10.7 If a complaint is found to be justified by the Delivery Dress at its option or replace, repair or refund the delivered products free of charge.
Article 11. Applicable law
11.1 All rights, obligations, orders and agreements to which these terms and conditions apply are governed exclusively by Dutch law.