Terms of service

Article 1. General

These General Terms and Conditions of Sale for Consumers (hereinafter: the “Terms”) apply to all offers, orders, and agreements of Babouche Lifestyle BV, established in Zevenaar (hereinafter: babouchelifestyle.com or the “Seller”). Acceptance of an offer or placing an order implies acceptance of the applicability of these Terms. These Terms also apply to all obligations arising from agreements concluded subsequently between the parties and other actions. If any provision of these Terms is wholly or partially null and void or otherwise invalid, this shall not affect the validity of the remaining provisions. The applicability of the buyer’s terms and conditions is expressly rejected by the Seller. Deviations from these Terms are only valid if agreed in writing; the remaining provisions shall remain in full force and effect.

 

Article 2. Offers and Formation of Agreements

1. All offers made by babouchelifestyle.com, whether oral or written, are non-binding. Babouchelifestyle.com expressly reserves the right to change prices, particularly if required by (statutory) regulations.

2. Agreements are only concluded after acceptance of the order by babouchelifestyle.com. Babouchelifestyle.com is entitled to refuse orders or to attach conditions to delivery. If an order is not accepted, babouchelifestyle.com will notify the buyer within five (5) working days after receipt of the order.

3. Babouchelifestyle.com cannot be held to offers or quotations if the buyer could reasonably understand that the offer or quotation, or part thereof, contains an obvious mistake or clerical error.

 

Article 3. Prices and Payment

1. The stated prices for the products and services offered are in euros and include VAT.

2. For transport within the Netherlands, the Seller charges the costs stated on babouchelifestyle.com. For customers outside the Netherlands, the contribution to shipping costs depends on the country and the total order amount.

3. After placing an order, the buyer will receive an order confirmation by email stating the total costs, including shipping costs. Payment can be made using the payment methods listed on the website.

 

Article 4. Delivery and Delivery Time

1. The delivery time is the period agreed between the parties and stated on babouchelifestyle.com. Delivery takes place at the address specified with the order. The buyer is obliged to accept the products. If the buyer fails to do so, all resulting costs may be charged to the buyer.

2. If a delivery period has been agreed or stated, this shall never be a strict deadline. In the event of late delivery, the buyer must therefore give the Seller written notice of default and allow the Seller a reasonable period to still perform the agreement.

3. Exceeding delivery times (up to 30 days after acceptance of the order) does not entitle the buyer to terminate the agreement. Exceeding delivery times does not entitle the buyer to compensation or to suspend or fail to comply with any obligation arising from this or any related agreement.

4. Partial deliveries are permitted. If a product is unexpectedly no longer available, babouchelifestyle.com will notify the buyer as soon as possible.

5. The final delivery deadline is 30 days.

6. The risk of delivery rests with the Seller until handover to the consumer.

 

Article 5. Right of Withdrawal and Returns

1. Babouchelifestyle.com strives to deliver a good-quality product. The buyer has the right to return the product to babouchelifestyle.com for any reason within 14 days after receipt of the order, using the return form supplied with the order. Receipt is deemed to include the second delivery attempt by the carrier. The costs of return shipping are borne by the buyer. If no written complaints are received by babouchelifestyle.com within this period, babouchelifestyle.com shall be deemed to have fully complied with its obligations with regard to the delivered products.

2. During the reflection period, the buyer shall handle the product and packaging with care. The buyer may only unpack and try the product to the extent necessary to assess whether the buyer wishes to keep it. The buyer shall return the product with all supplied accessories and, where reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the Seller on the enclosed return form. The right of return lapses if:
   (a) the product has been worn;
   (b) the buyer has attempted to repair a defect;
   (c) the instructions for use and/or care instructions have not been followed.

3. The shipping costs of the original order will not be refunded if the return shipping costs are not borne, or not fully borne, by the buyer. In that case, these costs are regarded as compensation for the shipping costs of the purchase.

4. Babouchelifestyle.com will refund the paid amount to the specified bank account within 14 days after receipt of the returned product in good condition.

5. Complaints regarding the performance of the agreement and the products supplied by the Seller must be submitted within a reasonable time after any defects have been discovered, fully and clearly described.

 

Article 6. Warranty and Liability

1. Subject to the provisions of paragraph 2, the Seller guarantees the soundness of the delivered goods for a period of six (6) months after receipt of the goods.

2. The warranty referred to in the previous paragraph does not apply if:
   – the buyer is in default towards the Seller;
   – there is a minor, customary and/or technically unavoidable deviation in quality, size, color, design, weight, dimensions, material, material structure and/or finish;
   – the goods have been cut, altered, processed, reworked, used, or damaged in any way;
   – the goods have been exposed to abnormal conditions, such as contamination, external force, overloading, or other causes beyond the Seller’s control;
   – the defect is the result of poor maintenance or natural wear and tear;
   – repairs have been carried out by the buyer or third parties;
   – the complaint period has expired;
   – there are hidden defects discovered after the expiration of the six (6) month period following delivery.

3. Any liability of babouchelifestyle.com and its staff and products for any damage whatsoever, direct or indirect, including business loss, consequential damage, damage to movable or immovable property or personal injury, is expressly excluded. Babouchelifestyle.com is also not liable for damage caused by third parties in the performance of the agreement.

4. Babouchelifestyle.com accepts no liability for any damage arising from the use of its products.

5. Any liability of babouchelifestyle.com towards the buyer is in all cases limited to direct damage and to a maximum of the invoice amount owed by the buyer to babouchelifestyle.com under the relevant agreement. Direct damage is exclusively understood to mean:
   – reasonable costs incurred to determine the cause and extent of the damage, insofar as such determination relates to damage within the meaning of these Terms;
   – reasonable costs incurred to ensure that the defective performance of the Seller complies with the agreement, insofar as these can be attributed to the Seller;
   – reasonable costs incurred to prevent or limit damage, insofar as the counterparty demonstrates that these costs have led to the limitation of direct damage as referred to in these Terms.

6. Babouchelifestyle.com is not liable for misunderstandings, mutilation, delays, or improper receipt of orders and communications resulting from the use of the internet or any other means of communication between the buyer and babouchelifestyle.com, or between babouchelifestyle.com and third parties, insofar as these relate to the relationship between the buyer and babouchelifestyle.com, unless there is intent or gross negligence on the part of babouchelifestyle.com.

7. The liability of the Seller is in all cases limited to the amount paid out by its insurer, if applicable.

 

Article 7. Force Majeure

1. In the event of force majeure, babouchelifestyle.com has the right, at its discretion, to suspend performance of the order or to dissolve the agreement without judicial intervention, by notifying the buyer in writing, without being liable for any compensation, unless this would be unacceptable according to standards of reasonableness and fairness under the given circumstances.

2. Force majeure means any shortcoming that cannot be attributed to babouchelifestyle.com because it is not due to its fault and does not come at its expense by law, legal act, or generally accepted standards.

 

Article 8. Processing of Personal Data

All personal data are used exclusively for processing the order and will never be made available to third parties.

 

Article 9. Miscellaneous

1. If babouchelifestyle.com is provided with an address when placing an order, it is entitled to send all orders to that address unless babouchelifestyle.com is notified in writing, at the time of ordering or by email, of a different delivery address.

2. The Seller assumes that the data provided by the buyer are correct and adequate, without any further investigation.

3. If babouchelifestyle.com has permitted deviations from these Terms for a shorter or longer period, whether tacitly or not, this does not affect its right to demand strict compliance with these Terms at any time. No rights can ever be derived from the fact that babouchelifestyle.com applies or has applied these Terms leniently.

4. If one or more provisions of these Terms or any other agreement with babouchelifestyle.com conflict with any applicable legal provision, the relevant provision shall lapse and be replaced by a new, legally permissible, comparable provision to be determined by babouchelifestyle.com.

5. Babouchelifestyle.com is entitled to engage third parties in the execution of orders.

6. The most recently filed version of these Terms, or the version applicable at the time the legal relationship with the buyer was established, shall always apply.

7. The Dutch text of these General Terms and Conditions of Sale is always decisive for their interpretation.

 

Article 10. Applicable Law

All agreements concluded under these Terms are governed by Dutch law, even if an obligation is performed wholly or partly abroad or if the party involved in the legal relationship is domiciled there. The applicability of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

 

Article 11. Competent Court

All disputes between the parties shall be submitted exclusively to the competent court in the Netherlands.

 

Article 12

These General Terms and Conditions of Sale of Babouche Lifestyle BV have been filed with the Chamber of Commerce in Arnhem under number 76238083 (also the registration number of Babouche Lifestyle BV with the Chamber of Commerce).
The VAT number of Babouche Lifestyle BV is NL860556840B01.

www.babouchelifestyle.com