Terms and Conditions

These are the General Terms and Conditions of the private company Babylatte.

Mailing address:                    
Ambachtsweg 85, 2641 KW Pijnacker, Netherlands
Visiting address:
Harregatplein 21m
3214 VP Southland

Chamber of Commerce number:                                          
86055542
E-mail address:                                            
klantenservice@babylatte.nl
The website:                                              
https://www.babylatte.nl
Phone number:                                 
+31 (0)15 2024380
VAT number:                                        
NL004183147B69
Bank account number:                        
NL23ABNA0110331729

Definitions

1. Customer: the person with whom Babylatte has entered into a (purchase) agreement.
2. Parties: Babylatte and its counterparty, such as the customer or the website visitor.
3. Consumer: a customer who is also an individual and who acts as a private person.
4. Product: a product offered by Babylatte, under its own management, on the website and on sales channels, namely:

• The automatic baby milking machine; Babylatte® home
• The portable bottle warmer; Babylatte® portable

Applicability of general terms and conditions

1. These general terms and conditions apply to all offers, orders, agreements and deliveries of products by Babylatte.
2. These general terms and conditions also apply to the use of the Babylatte website.
3. Parties may only deviate from these general terms and conditions if they have expressly agreed to this in writing.
4. The customer, other party or website visitor who does not agree to these general terms and conditions should not use Babylatte's services or website.
5. Babylatte expressly excludes the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
6. These general terms and conditions are always on the Babylatte website and can be downloaded.
7. Before an agreement is concluded by Babylatte, these general terms and conditions are made known to the other party.
8. By using the Babylatte website and by placing an order, the customer accepts these general terms and conditions.

 Prices

1. All prices charged by Babylatte are in euros and include VAT (sales tax, 21%), unless expressly stated otherwise or agreed otherwise.
2. All prices charged by Babylatte do not include shipping costs. The shipping costs are €5.95 for shipments within the Netherlands, €7.95 within Belgium and €9.95 for shipments within Germany. The shipping costs are  € 14.95 for the countries Austria, France, Italy, Poland, Portugal, Spain and Monaco and €16.95 for the countries Czech Republic, Denmark, Hungary, Luxembourg and Slovakia. 
3. For orders shipped to countries outside the European Union, Babylatte sells the products excluding taxes and duties. The taxes and other duties imposed on the customer by customs will be borne by the customer.
4. No shipping costs will be charged for every order within the Netherlands and Belgium with a total value of € 200 or more. For orders within Germany, no shipping costs will be charged when you spend 250 euros or more.
5. During the period of validity stated in the offer, the prices of the products offered for that customer will not be increased, unless the increase is a result of legal regulations or other cost factors.
6. The consumer has the right to cancel the agreement with Babylatte within 7 days after notification of a price increase that is not the result of a statutory regulation.
7. Babylatte has the right to adjust the prices annually.
8. Prior to the commencement of an annual price increase, Babylatte will notify the price adjustment in writing, taking into account a period of no later than 4 weeks.

Discount codes

1. All prices charged by Babylatte are fixed prices, unless expressly stated otherwise or agreed otherwise.
2. Personal discount codes or discount codes that are accessible to everyone can be issued by Babylatte and/or by partners with whom Babylatte collaborates.

The offer of a product

1. An offer of a product is made in writing or electronically, unless urgent circumstances make this impossible.
2. All product offers are invitations to the potential customer to make an offer to purchase that product.
3. Babylatte can only be held to the offer if this is expressly and unambiguously stated.
4. The offer contains a complete and accurate description of the products offered by Babylatte. The description is sufficiently detailed to enable a proper assessment of the offer by the customer.
5. Images used by Babylatte are a true representation of the products offered. Obvious mistakes or errors in the offer do not bind Babylatte.
6. If the offer has a limited period of validity or is subject to conditions, this will be expressly stated.

Realization of the agreement

1. When the website visitor places an order on the website, Babylatte sends a message that it has received the order. This email does not constitute a guarantee of purchase and is also not proof of a (purchase) agreement.
2. Babylatte has the right to reject the offered agreement before an order is processed. An agreement between Babylatte and the customer will only be concluded when payment for the customer's order is accepted by Babylatte, the prices have been verified and the order is processed and can be prepared for shipment.
3. The (purchase) agreement is concluded at the time of sending by Babylatte the second e-mail (whether automatically generated or not) containing the confirmation and acceptance of the purchase (order confirmation).
4. The order confirmation sent by Babylatte is deemed to fully and correctly reflect the content of the agreement.
5. The customer is deemed to have agreed to the contents of the order confirmation, unless the customer has informed Babylatte in writing within 5 days of the date of the order confirmation that he does not agree with (part of) the contents. That statement cannot prevent the purchase agreement from being concluded.
6. Any additional agreements and/or commitments made and/or made by employees (or persons acting as representatives) of Babylatte only bind Babylatte if they have been confirmed by the authorized director of Babylatte. 

Customer account

1. The customer can add one or more products to the digital shopping cart on the website. These products will then be stored until they are paid for or removed from the shopping cart.
2. The customer can choose to view the shopping cart or pay immediately.
3. During checkout, the customer can create a customer account so that orders are stored in that customer account.
4. To create a customer account, an email address, name and password are required.
5. There is an option to add discount codes during the ordering process.
6. After an order has been placed, both the customer and Babylatte will receive an e-mail message confirming the order.
7. The customer can find the order in the customer account, provided it has been created.
8. It is possible to place an order without creating a customer account with Babylatte.

Payment

1. Payments are made via the secure environment of the website.
2. The customer can pay with a credit card (Visa, Maestro, MasterCard, American Express) or PayPal, iDeal, ApplePay, GooglePay, ShopPay. The customer can also opt for post-payment or payment in installments via Klarna. The conditions for payment via Klarna can be found on the Klarna website.
3. Offers are valid for a specific duration and may be subject to certain conditions, with the end date and any applicable conditions being displayed on the website.

 Delivery

1. Delivery takes place at the address specified by the customer when placing the order.
2. The customer guarantees the accuracy, completeness and reliability of the information provided to Babylatte.
3. Orders placed on a working day for placed and confirmed before 11:00 am, will be processed and shipped on the same working day and can be delivered in the Netherlands on the same working day.
4. Orders placed on a working day don't placed and confirmed before 3:00 PM, will also be processed and shipped on the same working day and can be delivered in the Netherlands the next working day.
5. The order will be shipped with track & trace by DHL. The customer must sign for receipt.
6. If delivery is delayed, Babylatte will send the customer a notification by e-mail within the agreed delivery period.
7. If the product is no longer available or is only partially available, Babylatte will inform the customer as soon as possible and Babylatte will offer the customer - if possible - a replacement or alternative product.
8. In the latter case, the customer has the right to terminate the agreement (in whole or in part) without costs, after which the purchase price (in whole or in part), including shipping costs, will be refunded to the customer within 14 days.
9. The risk of damage and/or loss of the products rests with Babylatte until the moment of delivery, unless expressly agreed otherwise.

Right of withdrawal/return

Exchange

1. The customer has the right, within a period of 3 days from the moment of receipt of the product, to inform Babylatte that he wishes to exchange the product, if possible, for a different color.
2. In the event of an exchange, the product packaging must remain unopened and/or sealed for hygiene reasons.
3. The costs of return shipment to Babylatte will be borne by the customer. 

Resale

1. The products are intended for end users and not for resale.
2. Babylatte reserves the right to (partially) not deliver orders for reasons of Babylatte's own, for example to possible resellers or to impose a maximum on the quantities of certain products that can be ordered.
3. In the case of orders that differ significantly in terms of nature, size or number of goods from what is generally customary among Babylatte customers, Babylatte reserves the right to contact that customer and to make further arrangements about the delivery of the order or to (partially) refuse the order.

Consequences of not paying on time

1. If the customer does not pay within the agreed period, Babylatte is entitled to charge interest from the day the customer is in default, whereby part of a month is counted as a whole month.
2. The customer who is in default also owes Babylatte extrajudicial collection costs and any compensation.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, Babylatte may suspend its obligations until the customer has met his payment obligation.
5. In the event of liquidation, bankruptcy, seizure or suspension of payment on the part of the customer, Babylatte's claims on the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by Babylatte, that customer is still obliged to pay the agreed price to Babylatte.

Suspension right
Unless the customer is a consumer, the customer waives the right to suspend the fulfillment of any obligation arising from this agreement.

Settlement
Unless the customer is a consumer, the customer waives his right to offset a debt to Babylatte against a claim against Babylatte.

guarantee

1. Babylatte guarantees that the products at least comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and usability and the legal provisions and government regulations in force on the date of conclusion of the agreement.
2. The customer must examine a product delivered by Babylatte as soon as possible for any shortcomings. Visible defects and shortcomings in the product must be reported to Babylatte in writing within 3 days of delivery.
3. If a delivered product does not meet what the customer could reasonably expect from the agreement, the customer must inform Babylatte of this as soon as possible, but in any case within 1 month after discovering the shortcomings. Consumers must inform Babylatte within 2 months of discovering the shortcomings.
4. The customer provides as detailed a description as possible of the shortcoming, so that Babylatte is able to respond adequately.
5. If the product does not meet the warranty provisions and the customer has reported this in a timely manner, Babylatte will replace or repair the product free of charge. A refund will be given for a product that cannot be replaced or repaired.
6. Babylatte gives a guarantee on Babylatte® Milk maker for all manufacturing and material defects, when used correctly and with regular maintenance.
7. This warranty is for 6 months, for consumers and starts from the date of purchase (“the warranty period”). This warranty is separate from any manufacturer's warranty.
8. This warranty does not apply if the defect or malfunction is due to:

• Incorrect use of Babylatte® Milk maker or other treatment contrary to the instructions of Babylatte® Milk maker and/or the packaging and instructions for use.
• Abuse of Babylatte® Milk-maker or otherwise careless handling or exposure to abnormal conditions.
• Changes made to Babylatte® Milk maker or if the consumer has repaired and/or modified the product himself or has had it repaired and/or modified by third parties.
• The defect is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

9. In the event of a defect or malfunction during the warranty period, Babylatte will, within a reasonable period after receipt of the return, replace the Babylatte® Milk maker replaced or repaired free of charge (at Babylatte's discretion).
10. When Babylatte® Milk maker is defective or has a malfunction, Babylatte customer service must be contacted. Babylatte may ask for a copy of the proof of purchase.
11. After consultation with customer service, the Babylatte® Milk-maker will be sent to Babylatte at the indicated contact address. The costs for returning are borne by Babylatte.

Disclaimer
The customer indemnifies Babylatte against all claims from third parties related to the products supplied by Babylatte.

Complaints

1. Babylatte requests that the customer who has a complaint about the performance of the agreement report this to Babylatte within a reasonable time.
2. The customer must demonstrate that the complaint relates to an agreement between the parties.
3. You can file a complaint by contacting Babylatte via the contact form on the website or by e-mail. Please state the order number.
4. The complaint submitted to Babylatte will be answered within 14 days from the day of receipt. If a complaint requires a foreseeably longer processing time, an indication will be given as to when the customer can expect a more detailed answer.
5. In any case, the customer must give Babylatte at least 4 weeks to resolve the complaint by mutual agreement.
6. If this is still not satisfactory, you as a customer can report this to the Webwinkelkeur Foundation. It is also possible for consumers in the European Union, via this link . to register complaints via the European Commission's ODR platform, if the complaint has not yet been processed elsewhere.

Notice of default

1. The customer must notify Babylatte of any notice of default in writing.
2. It is the customer's responsibility that a notice of default actually reaches Babylatte (in a timely manner).

Joint and several liability of the customer
If Babylatte enters into an agreement with multiple customers, each of them is jointly and severally liable for the payment of the full amounts they owe to Babylatte under that agreement.

 Liability Babylatte

1. Babylatte is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or deliberate recklessness.
2. If Babylatte is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
3. Babylatte is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
4. If Babylatte is liable, this liability is limited to the amount paid out by a closed liability insurance policy and, in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates. .
5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period
Any right of the customer to compensation from Babylatte expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.

Right to dissolution

1. The customer has the right to terminate the agreement if Babylatte attributably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify termination.
2. If the fulfillment of the obligations by Babylatte is not permanently or temporarily impossible, dissolution can only take place after Babylatte is in default.
3. Babylatte has the right to terminate the agreement with the customer, if the customer does not fully or timely fulfill his obligations under the agreement, or if Babylatte has become aware of circumstances that give it good reason to fear that the customer will not fulfill his obligations. will not be able to fulfill properly.
4. In the aforementioned case, Babylatte's claims on the customer are immediately due and payable in full.

 Force majeur

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Babylatte to fulfill any obligation towards the other party cannot be attributed to Babylatte in a situation independent of Babylatte's will, as a result of which the fulfillment of its obligations obligations towards the other party is prevented in whole or in part or as a result of which the fulfillment of its obligations cannot reasonably be expected from Babylatte.
2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom disruptions; computer viruses, strikes, government measures, unforeseen transport problems, pandemics and epidemics, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which Babylatte cannot fulfill one or more obligations to the other party, those obligations will be suspended until Babylatte can meet them again.
4. From the moment that a force majeure situation has lasted for at least 30 calendar days, both parties may terminate the agreement in whole or in part in writing.
5. Babylatte is not liable for any damages or compensation in a force majeure situation, even if it enjoys any benefit as a result of the force majeure situation.

 Intellectual Property
All intellectual property rights, such as methods, texts and concepts, belong to Babylatte, including its suppliers.

Privacy

1. Personal data of the customer will only be used by Babylatte in compliance with privacy legislation.
2. A Babylatte privacy statement has been published on the website.

Customer comments

1. Babylatte likes it when satisfied customers post reviews, comments and/or questions about certain products on the website. Babylatte reserves the right to adjust, process or delete the content of the website and therefore also customer responses at any time.
2. When posting a customer response, the customer agrees to have no further claim or copyright on the posted text and the customer acknowledges that Babylatte has the right to place and/or remove the information (in any modified form) on the website .

Changes to general terms and conditions

1. Babylatte is entitled to change or supplement the general terms and conditions.
2. Changes of minor importance can be made at any time.
3. Babylatte will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to cancel the (purchase) agreement in the event of a material and adverse change to the general terms and conditions.

 Transfer of rights

1. Customer rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of Babylatte.
2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

 Consequences of nullity or voidability

1. If one or more provisions of these general terms and conditions prove to be void or voidable, this will not affect the other provisions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Babylatte had in mind when drawing up these general terms and conditions.

 Applicable law and competent court

1. Dutch law applies to every agreement between the parties.
2. The court in the district where Babylatte is established or has its office has exclusive jurisdiction to hear any disputes between parties, unless the law prescribes otherwise.

Drawn up on and valid from 10.10.2023.