Conditions d’utilisation

TERMS AND CONDITIONS – BIRTH BUDDY

Article 1 – General provisions

1. These terms and conditions apply to all offers, orders, agreements and deliveries of Birth Buddy, established in Geldrop, the Netherlands. Full contact details are listed at the bottom of these terms.

2. By placing an order through the webshop, the customer confirms that they have read and agree to these terms and conditions.

3. These terms apply to both consumers and business customers, unless legally validly deviated from.

Article 2 – Products

1. We do our best to describe and display our products as accurately as possible.

2. Minor differences in colour, shape, finish or appearance may occur and do not automatically entitle the customer to cancellation or compensation.

3. Personalized products may show minor variations as a result of the production or personalization process.

4. Before use, the customer must carefully read the product information and safety warnings.

Article 3 – Safety and use

1. The teddy bear is not washable and must not be submerged in water.

2. Warning: This product contains small parts and is not suitable for children under 3 years of age.

3. Use the product only under adult supervision. Do not leave children unattended while playing.

4. Plastic bags, small parts and foam filling may cause choking or accidental swallowing. Keep these materials out of the reach of children.

5. Do not throw the teddy bear, and do not intentionally pull, tear or damage the product.

6. Do not aim the product at the eyes, mouth or head. Avoid collisions and scratches.

7. Any cords, ribbons or strings must not be wrapped around the neck or body due to the risk of choking or strangulation.

8. If the product contains electrical components, it must not be submerged in water or taken apart.

9. Keep the product away from high temperatures, moisture and fire.

10. Check the product regularly for damage and loose parts. Stop using the product immediately if it is damaged.

11. Damage caused by incorrect, unsafe or improper use cannot be attributed to Birth Buddy, to the extent permitted by law.

Article 4 – Ordering

1. The customer can place an order through the webshop.

2. After placing the order, the customer will receive an order confirmation by email.

3. An agreement is concluded once the order has been confirmed by Birth Buddy, unless stated otherwise.

4. Birth Buddy reserves the right to refuse an order if there is a valid reason to do so.

Article 5 – Prices and payment

1. All prices shown include VAT, unless stated otherwise.

2. Any shipping costs are clearly shown to the customer before the order is completed.

3. Payment is made using the payment methods offered during the checkout process.

4. If a payment is not completed, the order may be cancelled.

Article 6 – Delivery

1. Birth Buddy does its best to ship orders within the stated delivery time.

2. Stated delivery times are indicative, unless expressly stated otherwise.

3. If an order is delayed, the customer will be informed as soon as possible.

4. For consumers, the risk of the product passes to the consumer at the moment the consumer, or a third party designated by them other than the carrier, has received the product.

Article 7 – Personalized products

1. All teddy bears sold by Birth Buddy are personalized at the customer's request, for example with a name, text, image or other personal details.

2. Because the teddy bear is made specifically to the customer's personal wishes and therefore has a personal character, the order cannot be returned under the statutory right of withdrawal, insofar as the legal conditions for this exception are met.

3. The customer can therefore not cancel or return an order for a personalized teddy bear within 14 days without giving a reason.

4. Before the order is finalized, the customer is responsible for checking all details they have provided, including names, texts, images and other personalization details.

5. After the order has been placed, it can only be changed or cancelled if Birth Buddy expressly agrees and production of the personalized teddy bear has not yet started.

Article 8 – Right of withdrawal for non-personalized products

1. Products that are not personalized, such as socks, bibs and clothing, may be returned by the consumer within 14 days without giving a reason. This cooling-off period starts on the day after receipt of the product.

2. The consumer must notify Birth Buddy within the cooling-off period by email at Birthbuddy@outlook.com, stating the order number. On request, Birth Buddy will provide a model withdrawal form.

3. The consumer must return the product within 14 days of this notification. Return shipping costs are borne by the consumer.

4. The product must be returned unused, undamaged and, where possible, in its original packaging. The consumer may only inspect the product as they would in a shop. If the product has lost value due to further use, Birth Buddy may deduct this from the refund.

5. Birth Buddy will refund the purchase price, including the standard shipping costs of the original order, within 14 days of the notification, using the same payment method. Birth Buddy may withhold the refund until the product has been received or the consumer has shown that it has been sent back.

Article 9 – Defective, damaged or incorrectly delivered products

1. The absence of a right of withdrawal for personalized products does not affect the consumer's statutory rights.

2. If a personalized teddy bear is damaged or defective on arrival, or does not match the personalization provided by the customer due to an error by Birth Buddy, the customer must contact us as soon as possible at Birthbuddy@outlook.com.

3. If a complaint is justified, Birth Buddy will provide a suitable solution depending on the situation and its legal obligations, such as repair, replacement or a refund.

4. If an error in the personalization is the result of incorrect details provided by the customer, Birth Buddy is not responsible.

5. The customer should preferably support any damage or deviation with clear photos and the order number.

Article 10 – Warranty and statutory rights

1. Consumers' statutory rights remain fully in force.

2. Any additional commercial warranty does not limit the consumer's statutory rights.

3. The warranty does not cover damage caused by intentional misuse, improper maintenance, normal wear and tear, or use contrary to the safety instructions, to the extent permitted by law.

Article 11 – Complaints

1. Complaints can be submitted to Birthbuddy@outlook.com.

2. When submitting a complaint, please include the order number, a description of the problem and, if relevant, photos of the product.

3. Birth Buddy aims to handle complaints as quickly as possible and in any case within a reasonable period.

4. Submitting a complaint does not limit the consumer's statutory rights.

Article 12 – Liability

1. Birth Buddy is not liable for damage resulting from use of the product contrary to the safety instructions or user instructions provided, to the extent such exclusion is permitted by law.

2. Birth Buddy is not liable for damage resulting from incorrect or improper use by the customer or user.

3. Nothing in these terms limits any liability that cannot be excluded or limited by law.

Article 13 – Intellectual property

1. All photos, texts, logos, designs and other content on the webshop remain the property of Birth Buddy or its licensors, unless stated otherwise.

2. This content may not be copied, distributed or used commercially without prior written permission.

Article 14 – Force majeure

1. Birth Buddy is not liable for delays or failures resulting from circumstances beyond its reasonable control.

2. Force majeure may include, among other things: outages, supplier problems, transport problems, extreme weather conditions, fire, government measures and other unforeseen circumstances.

Article 15 – Privacy

1. Birth Buddy processes customers' personal data in accordance with applicable privacy legislation.

2. More information on how we handle personal data can be found in our privacy policy on the webshop.

Article 16 – Changes to these terms

1. Birth Buddy may amend these terms and conditions.

2. The terms that apply to an order are always those in force at the time the order was placed.

Article 17 – Applicable law and disputes

1. All agreements between Birth Buddy and the customer are governed exclusively by Dutch law.

2. The parties will first try to resolve any dispute together through mutual consultation.

3. If the parties cannot reach a solution together, the dispute may be submitted to the competent court. This does not affect the consumer's statutory rights, including the right to bring a dispute before the court of their own place of residence.

Contact details

Birth Buddy

Address: Nuenenseweg 2H, 5667 BG Geldrop, the Netherlands

Email: Birthbuddy@outlook.com

Chamber of Commerce (KvK) number: 91882966