GENERAL TERMS AND CONDITIONS SERENA SLINGS

 

CONTENTS

Article 1 – Definitions

Article 2 – The Company’s identity

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Exclusion of the right of withdrawal

Article 8 – The price

Article 9 – Conformity and guarantee

Article 10 – Delivery and execution

Article 11 – Payment

Article 12 – Liability

Article 13 – Complaints procedure

Article 14 – Disputes

Article 15 – Additional or differentiating provisions

Article 16 – Copyright notice

 

Article 1 – Definitions

The following definitions apply in these terms and conditions:

1. Consumer: the natural person not acting in the course of a profession or business, and who enters into a distance contract with the company;

2. Company: Serena Slings, see article 2 – company’s identity.

3. Cooling-off period: the period in which the consumer is allowed to make use of his or her right of withdrawal;

4. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;

5. Day: calendar day;

6. Distance contract: an agreement in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organized by the Company for distance sale of products and/or services;

7. Distance communication technique: a means to be used for concluding an agreement without the Consumer and the Company being in the same room at the same moment.

8. Long-term data carrier: any means that allows the Consumer or Company to store information directed to him or her personally in a way to make future consultation and unaltered reproduction of the stored information possible.

 

Article 2 – The Company’s identity

Serena Slings

Moermond 11

7608 KP, Almelo

The Netherlands

E-mail address: info@serenaslings.com

Chamber of Commerce registration number: 62418858

VAT identification number: NL012487491B01

 

Article 3 – Applicability

1. These General Terms and Conditions apply to any offer from the Company and to any distance contract concluded by the Company and the Consumer.

2. Before concluding a distance contract, the Company shall make the text of these General Terms and Conditions available to the Consumer. If this is not reasonably possible, then the Company, before concluding the distance contract, shall notify that the General Terms and Conditions can be inspected at the Company´s premise and that, at the Consumer´s request, they will be send to the Consumer free of charge and as soon as possible.

3. If the distance contract is electronically concluded, then the text of these Terms and Conditions will be made electronically available before the distance contract is concluded and in such a way that the Consumer can easily store this on a long-term data carrier.

4. If it is reasonably impossible to make the Terms and Conditions electronically available, then it will be specified where the Terms and Conditions can be electronically viewed before concluding the distance contract. In addition, the Terms and Conditions will be delivered free of charge at the Consumer’s request, through either electronic means or otherwise.

5. If in addition to these Terms and Conditions specific product or service conditions apply, then the second, third, and fourth paragraph shall apply accordingly. In the event of contradictory Terms and Conditions, the Consumer may always appeal to the applicable version that is most favorable to him or her.

 

Article 4 – The offer

1. The offer contains an accurate description of the products and/ or services being offered. The description is detailed enough to enable to Consumer to make a proper assessment of the offer. If the Company makes use of images, then these images will be a true representation of the products and/ or services that are being offered. The Company is not bound by obvious mistakes or errors in the offer.

2. Every offer will contain information that makes the rights and duties clear to the Consumer when he or she accepts the offer. This includes in particular:

- The price in Euros, including VAT;

- Costs of delivery;

- The way in which the agreement will be concluded, and what actions  are required to establish this;

- Whether or not the right of withdrawal applies;

- The payment method, delivery and implementation of the contract;

- Whether the contract is subsequently filed to its conclusion, and if so, how the Consumer can access this information;

 - The time frame for accepting the offer, or if applicable, the time frame for honoring the price;

- The Terms and Conditions to which the Company has submitted and the manner in which the Consumer can consult the Terms and Conditions via electronic means;

- The way in which the Consumer can verify the information he or she has provided, and if necessary, rectify this information before the contract is concluded;

- If the contract is filed to its conclusion, and how the Consumer can verify this.

 

Article 5 – The contract

1. Subject to the provisions of paragraph 4, the contract will be concluded at the moment when the Consumer accepted the offer and fulfilled the conditions set.

2. If the Consumer has electronically accepted the offer, then the Company will immediately confirm the receipt of the offer via electronic means. The Consumer may cancel the contract as long as the Company has not confirmed the acceptance of the offer.

3. If the offer is accepted via electronic means, then the Company will take appropriate technical and organizational measures to secure the electronic transfer of data. If the Consumer pays through electronic means, then the Company will ensure that this happens through a safe web environment.

4. Within the boundaries of the law, the Company may gather information about the Consumer’s ability to fulfil his or her payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on the result of this investigation, the Company has reasonable grounds to not conclude the contract, then the Company has the right to reject an order or request while stating the reasons for doing so.

5. The Company shall send the following information in writing along with the product or service:

- The visiting address of the Company where the Consumer may get into contact for any complaints;

- The conditions and which way the Consumer may exercise the right of withdrawal, or if applicable, clear information about being exempted from the right of withdrawal;

- The requirements for cancelation of the contract, if the contract has a duration of more than one year.

6. If the Company has committed to deliver a series of products or services, then the terms in paragraph five apply to the first delivery only.

7. In the event of circumstances beyond one’s control, each of the parties will be entitled to dissolve the contract wholly if these circumstances are substantial enough,  or partially, for the part to which these circumstances relate. In case of the latter, the parties undertake to perform the part of the contract that is not dissolved. If dissolution takes place on the basis of this paragraph, neither of the parties will be bound to pay damages to the other party in respect of the dissolved part of the contract.

 

Article 6 – Right of withdrawal

1. The Consumer can terminate the contract within 14 days of purchase when purchasing products, without specifying any reasons. This cooling-off period starts on the first day after receipt of the product by the Consumer, or a representative that the Consumer indicated to the Company. Making use of the right of withdrawal can happen in digital or other form.

2. The Consumer shall handle the product and the packaging with care during the cooling-off period. The Consumer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product. If the Consumer wishes to exercise the right of withdrawal, then the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to the Company in conformity with the Company’s reasonable and clear instructions.

3. If the Consumer sends the product back, then the Company also requires a copy of the original invoice, or shipment details including the invoice number, date of purchase, name, and address that the product was sent to.

Products can be returned to the following address:

Serena Slings

Moermond 11

7608 KP, Almelo

The Netherlands

4. Only the direct costs incurred for the return shipment are for the Consumer’s account, meaning that the Consumer pays for the costs of returning the product.

5. Shipping costs and the purchase price of the product paid by the Consumer will be refunded to the Consumer if the entire order is returned.

6. In derogation from the shipping cost refund mentioned in paragraph 5, the Company is only required to refund the shipping costs for a standard delivery. This means that the Company does not have to refund the additional costs if the Consumer opted for a more expensive delivery method.

 7. The Consumer is only liable for the product’s devaluation that is a consequence of his or her handling the product other than as permitted in paragraph 2.

8. Any amounts already paid by the Consumer in advance will be refunded to the Consumer as soon as possible, and in any case within 14 days after dissolution of the contract.

9. Except in cases in which the Company has offered to retrieve the product themselves, the Company can postpone refunding until the Company has received the product, or until the Consumer proves he or she has returned the product, depending on which occurs earlier.

10. The right of withdrawal does not apply to products that the Company has created in accordance with the consumer’s specifications.

11. When providing services, the Consumer has the option to repudiate the contract without specifying any reasons, for a period of at least 14 days starting on the day of concluding the contract.

 

Article 7 – Exclusion of the right of withdrawal

1. The Company can only exercise the exclusion of the right of withdrawal when this was clearly indicated in the offer, or when this was made clear well before the contract was concluded.

2. The Company can exercise exclusion of the right of withdrawal for products:

- that were created according to the Consumer’s specifications;

- that quickly age or spoil;

-that cannot be returned due to their nature;

- whose prices are subject to fluctuation’s in the financial market that are beyond the Company’s control.

 

Article 8 – The price

1. The price stated in offers for products or services includes VAT.

2. The price of the products and/ or provided services will not be raised during the validity period that is stated in the offer, unless there are changes in the Dutch VAT rates.

3. If shipping costs are applicable, then these will be clearly stated before the contract is concluded. Shipping costs will also be displayed separately in the ordering process.

 

Article 9 – Conformity and guarantee

1. The Company guarantees that the products and/ or services comply with the contract, the specifications listed in the offer, with reasonable requirements of reliability and/ or usability and the statutory provisions and/ or Dutch government regulations that exist on the date on which the contract is concluded.

2. An arrangement offered as a guarantee by the Company, Manufacturer, or Importer shall not affect the legal rights and claims the Consumer can assert against the Company about a failure in the fulfilment of the Company’s obligations based on the law and/or the distance contract.

3. If the delivered product fails to satisfy the contract, then the Consumer can notify the Company accordingly within a reasonable period of time after discovering the defect.

4. If the Company deems the complaint to be legitimate, then the products concerned will be repaired or refunded in consultation with the Consumer. The refund cannot exceed the price paid for the product by the Consumer. This article will not preclude the Consumer’s right to claim damages, if applicable.

 

Article 10 – Delivery and execution

1. The Company will take the best possible care in taking receipt of and executing orders for products, and when assessing requests for providing services.

2. The delivery address is the address that the Consumer has provided to the Company.

3. With due observance of the provisions in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed upon with the Consumer. If the delivery has been delayed, or if an order cannot be filled or can be partially filled only, the Consumer shall be informed about this within one month after placing the order. In such cases, the Consumer is entitled to terminate the contract free of charge.

4. In the event of termination in accordance with the previous paragraph, the Company shall refund the payment made by the Consumer as soon as possible, but no later than 30 days after termination.

5. If it is not possible to deliver an ordered product, then the Company shall make an effort to offer an equivalent replacement product. It will be stated in a clear and comprehensible manner that a replacement product will be provided before concluding the delivery. The right of withdrawal cannot be excluded with replacement products. The costs of the return shipment are for the account of the Company.

6. Unless explicitly agreed otherwise, the risk of loss of and/ or damage to the products will remain with the Company until the products are delivered to the Consumer or a previously designated representative of the Consumer who was announced to the Company.

 

Article 11 – Payment

1. Unless otherwise agreed, the Consumer will pay the amounts due to the Company in advance and in accordance with the ordering procedure with the payment methods provided on the website of the Company.

2. The Company is free to offer any payment method of its choice and may change these methods at any time.

3. It is the duty of the Consumer to inform the Company promptly of possible inaccuracies in the payment details.

 

Article 12 – Liability

1. Before using the products of the Company, it is mandatory for the Consumer to take notice of the safety guidelines and user instructions that the Company provided.

2. The safety of the infant who is carried by using the Company’s products, is the sole responsibility of the Consumer.

3. The Company shall not be held liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages caused by inaccurate use of the Company’s products. This includes any use of the Company’s products for other purposes than what the products are meant for.

4. Except in the event of intentional or willful recklessness, the Company limits its liability –irrespective of the nature thereof –  to a maximum of 100,000 Euros in the event that it is decided that the Company has to pay damages.

 

Article 13 – Complaints procedure

1. The Company has published a sufficient complaints procedure and handles complaints in accordance with this procedure.

2. Complaints regarding the realization of the contract must be submitted to the Company as soon as possible, described in a complete and understandable manner, after the Consumer has discovered the defects.

3. The Company will reply within a period of 14 days after receiving the complaint. Should a complaint require a longer period to process than these 14 days, then the Company will confirm within 14 days that the complaint was received and indicate when the Consumer can expect a more detailed reply.

4. If the complaint cannot be resolved in joint consultation, then this will result in a dispute that is open to the dispute settlement rules.

 

Article 14 – Disputes

1. Contracts that are concluded between the Company and the Consumer, and to which these General Terms and Conditions apply, are exclusively governed by Dutch law.

2. Insofar not already dictated by mandatory law, any disputes that ensue from the contract will be submitted to the competent Dutch court in the distract where the Company has its registered address.

3. If the court rules that any provision set out in these General Terms and Conditions is to be void, then this will not affect the validity of the General Terms and Conditions as a whole. Should afore mentioned situation occur, then the Parties will lay down one or more new provisions as a replacement which will reflect the original provision as much as possible under the law.

4. The term ‘written’ in these General Terms and Conditions also refers to communication by fax and e-mail, provided that the sender’s identity and integrity of the e-mail message has sufficiently been established.

 

 Article 15 – Additional or differentiating provisions

Additional provisions, or provisions differentiating from these General Terms and Conditions, may not prejudice the interests of the Consumer and must be recorded in writing or in such a way that the Consumer can store these in a retrievable manner on a Long-term data carrier.

 

Article 16 – Copyright notice

All the images and text provided on the website are copyrighted and may not be used for commercial purposes other than to promote Serena Slings in a positive manner.