Home / General terms and conditions
meta charset="utf-8">Article 1 - Definitions

For the purposes of these terms and conditions:

additional agreement: An agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these items, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
  • Consumer: the period within which the consumer can make use of his right of withdrawal;
  • Consumer: the natural person not acting for purposes relating to his trade, business, craft or profession;
  • Day: calendar day;
  • Digital content: data produced and supplied in digital form;
  • A contract for the regular supply of goods, services and/or digital content during a certain period;
  • Sustainable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally, in a way that future consultation or use during a period that is tailored to the purpose for which the information is intended, and that unaltered reproduction of the stored information is possible;
  • Right of withdrawal: the possibility of the consumer within the reflection period to waive the distance contract;
  • Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services at a distance to consumers;
  • A distance contract: an agreement concluded between the trader and the consumer within the framework of an organized system for distance selling of products, digital content and/or services, where up to and including the conclusion of the agreement exclusive or joint use is made of one or more means of distance communication;
  • Model withdrawal form: the European model withdrawal form included in Annex I of these conditions. Annex I does not have to be made available if the consumer does not have a right of withdrawal with regard to his order;
  • Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and the entrepreneur having to be together in the same room at the same time.

Article 2 - Identity of the entrepreneur
Company: Babywoods
Legal representative: M.H. van Hagen, Zevenhuizerlaan 20, 1851 MV Heiloo KvK 11031491. Telephone: 06-38356462 from Monday to Friday from 9:00 - 16:00. E-mail: info@babywoods.nl | Chamber of Commerce number: 11031491 | VAT number: 858382362B01

Article 3 - Applicability
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these terms and conditions will be made available to the consumer. If this is not reasonably possible, the Entrepreneur will, before the distance contract is concluded, indicate the manner in which the General Terms and Conditions can be viewed at the Entrepreneur's premises and that they will be sent free of charge as soon as possible at the Consumer's request.
If the distance contract is concluded electronically, the text of these General Terms and Conditions may, contrary to the previous paragraph and before the distance contract is concluded, be made available to the Consumer electronically in such a way that the Consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply by analogy and in the event of conflicting conditions, the consumer can always invoke the applicable provision that is most favourable to him.


Article 4 - The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.

The offer contains a complete and accurate description of the offered products, digital content and/or services. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.


Article 5 - The agreement

The agreement is, subject to the provisions of paragraph 4, established at the time of acceptance by the consumer of the offer and compliance with the conditions set.

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

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can, within the legal framework, inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.


The entrepreneur will, at the latest upon delivery of the product, service or digital content to the consumer, send 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 e-mail address of the trader's establishment where the consumer can go with complaints;

the conditions under which and the way in which the consumer can make use of the right of withdrawal, or a clear statement about being excluded from the right of withdrawal;

the information about guarantees and existing after-sales service;

the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
if the consumer has a right of withdrawal, the model withdrawal form.


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


Article 6 - Right of withdrawal

For products:

The consumer can dissolve an agreement with regard to the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason of withdrawal, but does not oblige the consumer to give his reason(s).

The cooling-off period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order of multiple products with a different delivery time.

If the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;

in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.



if the delivery of a product consists of several consignments or parts: the day on which the consumer, or a third party designated by him, has received the last consignment or the last part;

in the case of agreements for regular delivery of products during a certain period: the day on which the consumer, or a third party designated by him, has received the first product.


If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the previous paragraphs of this article.

If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the starting date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer has received that information.


Article 7 - Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.

The consumer is only liable for depreciation of the product that is the result of a way of handling the product that goes beyond what is allowed in paragraph 1.
The consumer is not liable for depreciation of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.


Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
If the consumer makes use of his right of withdrawal, he shall report this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unequivocal manner.

as soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has in any case observed the return period if he returns the product before the reflection period has expired.

The consumer sends the product back with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.

The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.

The consumer bears the direct costs of returning the product. This is 15 euros for returning the commode.

If the consumer makes use of his right of withdrawal, all additional agreements will be automatically dissolved.



Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he will send a confirmation of receipt immediately after receipt of this notification.

The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, immediately but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the Entrepreneur offers to collect the product himself, he may wait with repayment until he has received the product or until the Consumer demonstrates that he has returned the product, whichever time is earlier.

The Entrepreneur uses for repayment the same means of payment that the Consumer has used, unless the Consumer agrees to a different method. The refund is free of charge for the consumer.


If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to refund the additional costs for the more expensive method.



Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this when making the offer, at least in good time before concluding the contract:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and which may occur within the revocation period;

Contracts concluded during a public auction. A public auction is understood to mean a sales method in which products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the supervision of an auctioneer, and in which the successful bidder is obliged to purchase the products, digital content and/or services;

Service agreements, after full execution of the service, but only if:

the execution has started with the express prior consent of the consumer; and

the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully performed the contract;
According to the consumer's specifications, products that are not prefabricated and that are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;

Products that spoil quickly or have a limited shelf life;

Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

Products which, by their nature, have been irrevocably mixed with other products after delivery;
The delivery of digital content other than on a material carrier, but only if:

the execution has started with the express prior consent of the consumer; and

the consumer has declared that he thereby loses his right of withdrawal.



Article 11 - The price

During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations on the financial market and on which the entrepreneur has no influence, with variable prices. This bondage to fluctuations and the fact that any listed prices are target prices, are mentioned in the offer.

Pricing increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the power to terminate the agreement with effect from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.



Article 12 - Fulfilment of agreement and extra guarantee

The entrepreneur guarantees that the products and/or services meet the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer under the contract can assert against the entrepreneur if the entrepreneur has failed to fulfill his part of the contract.


With extra guarantee is understood any commitment of the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to if he has failed in the fulfilment of his part of the contract.


Article 13 - Delivery and execution

The entrepreneur will take the greatest possible care in receiving and executing orders of products and in assessing applications for the provision of services.

The place of delivery is the address that the consumer has given to the entrepreneur.

Subject to what is stated in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders expeditiously but at the latest within 30 days, unless another delivery period has been agreed. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives this within 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge and entitled to any compensation.

After dissolution in accordance with the previous paragraph, the entrepreneur will immediately repay the amount paid by the consumer.

The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously appointed and announced representative to the entrepreneur, unless expressly agreed otherwise.





Article 14 - Payment

If not otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received the confirmation of the agreement.

When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When prepayment has been stipulated, the consumer may not assert any rights regarding the execution of the order or service(s) in question before the stipulated prepayment has taken place.

The consumer has the obligation to report any inaccuracies in provided or stated payment details to the entrepreneur without delay.

If the consumer does not meet his payment obligation(s) on time, he will owe the statutory interest on the amount still owed after he has been informed by the proprietor of the late payment and the proprietor has allowed the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, and the proprietor is entitled to charge any extrajudicial collection costs he has incurred. 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. The entrepreneur can deviate from the amounts and percentages mentioned to the benefit of the consumer.



Article 15 - Complaints procedure

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

Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable period of time after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.

The consumer should give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period a dispute arises that is subject to the dispute resolution.


Article 16 - Disputes

On agreements between the entrepreneur and the consumer to which these general terms and conditions relate, exclusively Dutch law applies.



Article 17 - Additional or deviating provisions

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be laid down in writing.