Algemene voorwaarden

General Terms and Conditions Bambibello

Dec 2020

Bambibello applies the following general terms and conditions. We have tried to express everything as clearly as possible, if you still have questions, do not hesitate to contact us via info@Bambibello.nl

We have the right to change these terms and conditions. You agree that the latest version of these terms and conditions will always apply to our agreement.

Article 1 – Definitions

Article 2 – Applicability

Article 3 – The offer

Article 4 – The agreement

Article 5 – Right of withdrawal

Article 6 – Costs in case of withdrawal

Article 7 – Exclusion right of withdrawal

Article 8 – Price

Article 9 – Conformity and guarantees

Article 10 – Delivery and execution

Article 11 – Payment

Article 12 – Complaints procedure

Article 13 – Intellectual property

Article 14 – Liability

Article 15 – Nullity, disputes and applicable law

Article 1. Definitions

In these terms and conditions, the following definitions apply:

Reflection period : the period within which the customer can make use of his right of withdrawal;
Consumer : the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day : calendar day;
Duration transaction : a distance contract with regard to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier : any means that enables the consumer or entrepreneur to store information that is personally addressed to him in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal : the option for the consumer to waive the distance contract within the cooling-off period;
Entrepreneur : the (legal) person who acts in the exercise of a profession or business and who enters into a distance contract with Bambibello.
Customer : the consumer and entrepreneur jointly.
Distance contract: an agreement in which, in the context of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
Distance communication technology : means that can be used to conclude a contract, without the customer and Bambibello meeting in the same room at the same time.
General Terms and Conditions : the present General Terms and Conditions of the entrepreneur.
Bambibello : the user of these general terms and conditions, namely Bambibello registered in the trade register of the Chamber of Commerce under number 81944535 and located in (1097DP) Amsterdam at Mr. Treublaan 1

Article 2. Applicability

These general terms and conditions apply to every offer from Bambibello and to every distance agreement and orders concluded between Bambibello and the customer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at Bambibello and they will be sent free of charge as soon as possible at the request of the customer.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the customer electronically in such a way that the customer can can be stored in a simple way 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 read electronically and that they will be sent free of charge at the request of the customer electronically or in another way.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the customer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
Situations and ambiguities that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Any general terms and conditions of customers and/or third parties do not apply to the agreement between the customer and Bambibello.

Article 3. The offer

If an offer has a limited period of validity or is made subject to conditions, this will be expressly stated in the offer.
The offer is without obligation. Bambibello is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the customer. If Bambibello uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer are not binding on Bambibello.
Images accompanying products are a true representation of the products offered. Bambibello cannot guarantee that the displayed colors correspond exactly to the real colors of the products.
Each offer contains such information that it is clear to the customer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular base rate for the means of communication used;
whether the agreement will be archived after its conclusion, and if so, how it can be consulted by the customer;
the way in which the customer, before concluding the agreement, can check and, if desired, restore the data provided by him in the context of the agreement;
any other languages in which, in addition to Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the customer can consult these codes of conduct electronically;
the minimum duration of the distance contract in the event of a long-term transaction.
Optional: available sizes, colours, type of materials.

Article 4. The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the customer of the offer and compliance with the associated conditions.
If the customer has accepted the offer electronically, Bambibello will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Bambibello, the customer can dissolve the agreement.
If the agreement is concluded electronically, Bambibello will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the customer can pay electronically, Bambibello will take appropriate security measures to this end.
Bambibello can inform itself – within legal frameworks – whether the customer can meet his payment obligations, as well as about all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, Bambibello has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
Bambibello will send the following information to the customer with the product or service, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data carrier:
the visiting address of the Bambibello branch where the customer can go with complaints;
the conditions under which and the manner in which the customer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
The price, including all taxes and shipping costs.
Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 5. Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without stating reasons during 14 days. This cooling-off period starts on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to Bambibello.
During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to Bambibello, in accordance with the reasonable and clear instructions provided.
If the consumer wishes to make use of his right of withdrawal, he is obliged to inform Bambibello within 30 days of receipt of the product. The consumer must make this known by means of a written message/e-mail. After the customer has indicated that he wishes to make use of his right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of proof of shipment.
If, after the expiry of the periods referred to in paragraphs 2 and 3, the consumer has not indicated that he wishes to make use of his right of withdrawal resp. has not returned the product to Bambibello, the purchase is a fact.

Article 6. Costs in case of withdrawal

If the consumer makes use of his right of withdrawal, the costs for returning the products are for the account of the consumer.
If the consumer has paid an amount, Bambibello will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by Bambibello or conclusive proof of complete return can be submitted.

Article 7. Exclusion right of withdrawal

Bambibello can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3.
Exclusion of the right of withdrawal is only possible for products:
which have been created by Bambibello in accordance with the customer's specifications;
which are clearly personal in nature;
which by their nature cannot be returned;
which can spoil or age quickly;
the price of which is subject to fluctuations in the financial market over which Bambibello has no influence;
for individual newspapers and magazines;
for audio and video recordings and computer software of which the consumer has broken the seal.
for hygienic products of which the consumer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, restaurant business or leisure activities to be carried out on a specific date or during a specific period;
the delivery of which has commenced with the express consent of the customer before the cooling-off period has expired;
concerning betting and lotteries.

Article 8. 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 as a result of changes in VAT rates.
Contrary to the previous paragraph, Bambibello can offer products or services whose prices are subject to fluctuations in the financial market and over which Bambibello has no influence, with variable prices. This dependence on fluctuations and the fact that any prices stated are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
The prices stated in the offer of products or services are all in euros and include VAT.
All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typesetting errors, Bambibello is not obliged to deliver the product according to the incorrect price.

Article 9. Conformity and warranty

Bambibello guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the statutory provisions and/or usability existing on the date of the conclusion of the agreement. or government regulations. If agreed, Bambibello also guarantees that the product is suitable for other than normal use.
Any defects or incorrectly delivered products must be reported to Bambibello in writing within 14 days of delivery. The products must be returned in the original packaging and in new condition.
Bambibello's warranty period corresponds to the manufacturer's warranty period. However, Bambibello is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The customer has repaired and/or modified the delivered products himself or has had them repaired and/or processed by third parties;
The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of Bambibello and/or have been treated on the packaging;
The defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used.

Article 10. Delivery and execution

Bambibello will take the greatest possible care when receiving and executing orders for products.
The place of delivery is the address that the customer has made known to Bambibello.
With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders expeditiously but at the latest within 60 days, unless the customer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot or only partially be executed, the customer will be notified of this no later than 30 days after placing the order. In that case, the customer has the right to dissolve the agreement without costs and the right to any compensation.
In the event of dissolution in accordance with the previous paragraph, Bambibello will refund the amount that the customer has paid as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, Bambibello will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item will be delivered.
The risk of damage and/or loss of products rests with Bambibello until the moment of delivery to the customer or a representative designated in advance and made known to Bambibello, unless expressly agreed otherwise.

Article 11. Payment

Unless otherwise agreed, the amounts owed by the customer must be paid within 7 working days. In the case of an agreement to provide a service, this period starts after the customer has received confirmation of the agreement.
The customer is obliged to immediately report inaccuracies in payment details provided or stated to Bambibello.
In the event of non-payment by the customer, Bambibello has the right, subject to legal restrictions, to charge reasonable costs made known to the customer in advance.

Article 12. Complaints procedure

Bambibello has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the implementation of the agreement must be submitted fully and clearly described to Bambibello within 7 days of receipt of the product.
Complaints submitted to Bambibello will be answered within a period of 14 days from the date of receipt. If a complaint requires an (un)foreseeable longer processing time, the entrepreneur will answer within the period of 14 days with a notification of receipt and an indication when the customer can expect a more detailed answer.
The customer must give Bambibello at least 4 weeks to resolve the complaint in mutual consultation.

Article 13. Intellectual property

Bambibello reserves all rights to offers, documents, images, drawings, software, domain names, creations and the related information made by it. This also applies if costs have been charged for this or if improvements have been made later.
It is not permitted to reproduce the website or any part thereof or to make it available to third parties without the prior written permission of Bambibello.
The logos and brand and product names of brands remain the property of their respective owners.

Article 14. Liability

Bambibello is only liable for direct damage of the customer, which is directly and exclusively the result of a shortcoming of Bambibello
Bambibello is not liable for damage resulting from incorrect or incomplete information provided by the customer, for direct or indirect damage caused by third parties or for collateral damage.
If Bambibello has been held liable and they have acknowledged this liability, then any liability is limited to:
the amount paid out by Bambibello's liability insurance minus the deductible.
If the liability insurance does not pay out, it is limited to once the invoice amount.

Article 15. Nullity, disputes and applicable law

If any part of these terms and conditions is void or voidable, that will not affect the validity of the rest of the terms and conditions. The void or voided part will be replaced by a provision that follows the content of the void provision as closely as possible.
Dutch law applies to all agreements, services, offers and orders. Any disputes must be submitted to the competent court in the Netherlands.