Kids and Berries Web Shop General Terms and Conditions – Version: 30 September 2016
Clause 1. General
These General Terms and Conditions apply to all legal relations between Kids and Berries and the Consumer and to the Agreements entered into by these Parties.
In the event of any clause of these General Terms and Conditions being deemed inapplicable, invalidated or annulled, the remaining clauses will remain applicable, without prejudice. If necessary new clauses will be devised, where possible retaining the intent of the inapplicable, invalidated or annulled clauses.
The inapplicability, invalidity or annulment of a clause in these General Terms and Conditions does not apply to any Consumer for whom the law in force in his/her place of residence would not deem the clause inapplicable, invalid or annulled.
Kids and Berries reserves the right to revise these General Terms and Conditions. New versions of these Terms and Conditions will be published on Kids and Berries’ website: www.kidsandberries.com. From this website the Consumer can download the General Terms and Conditions in PDF format. On request Kids and Berries will provide a copy of the most recent version of these Terms and Conditions.
Clause 2. Definitions
Explanation of terms used in this document:
General Terms and Conditions: this set of conditions, or new versions thereof, as published on Kids and Berries’s website;
Consumer: the individual who purchased / is purchasing the Product(s);
Returns Form: the form in clause 9 of this document with which the Consumer can annul the Agreement and return the Product(s);
Agreement: the agreement between Kids and Berries and the Consumer that is entered into via the Web Shop and that applies to the Consumer’s purchase of the Product(s);
Parties: Kids and Berries and Consumer;
Products: the products, services and/or digital content that are for sale in the Web Shop;
Kids and Berries: Kids and Berries B.V. – registered at Den Haag, the Netherlands, KvK number: 67274374, VAT-number NL489087681B01;
Kids and Berries is obliged to give reliable descriptions of the Products in the Web Shop by providing specifications and, where possible, publishing accurate images of the Products.
Obvious mistakes and errors by Kids and Berries are not binding. If the advertised price is incorrect, or if the Consumer knows or can be expected to know that the advertised price is incorrect, Kids and Berries reserves the right, to the fullest extent permitted by law, to adjust the price and charge the Consumer the actual retail price.
Kids and Berries will make all possible efforts to ensure that the delivery time as published in the Web Shop is accurate. This delivery time depends on where the Products need to be sent to and on timely payment by the Consumer. It is possible (e.g. if Kids and Berries’s suppliers do not deliver on time) that the delivery will be delayed. Kids and Berries will keep the Consumer informed. In that case the Consumer retains the right to cancel the order.
To facilitate the ordering process, Kids and Berries makes use of the services provided though WordPress, WooCommerce and related plugins . As soon as the Consumer has indicated that he/she wishes to order Products from the Web Shop, a WooCommerce sub frame will be opened. In this sub frame the Consumer specifies which Products he/she wishes to order and enters his/her personal information. This information (both order and personal) will be sent to using a secure SSL connection and will be stored there.
Kids and Berries can access and make use of the order details and the Consumer’s personal information via WooCommerce. The Consumer’s information will be processed by Kids and Berries in order to fulfil the Agreement and to satisfy all statutory obligations. Kids and Berries is entitled to use the Consumer’s personal information to devise appropriate personalised offers and to improve Kids and Berries’s Products and services.
Kids and Berries is obliged to handle the personal information and other data received from the Consumer with due care and to take appropriate technical and organisational measures to safeguard this information.
Clause 4. Guarantees and Liability
No guarantees or commitments will be given, other than those explicitly specified in these General Terms and Conditions. Kids and Berries accepts no liability for damage as a result of defective materials, inadequate expertise or other causes, even in the event that these are a result of actions or inactions by Kids and Berries’s own employees and representatives, unless the applicable laws prohibit such liability limitations. These liability limitations do not apply in case of intent or gross negligence by Kids and Berries.
No clause of these General Terms and Conditions may limit or preclude Kids and Berries’s liability if statutory regulations of the applicable law prohibit such limitations or preclusions.
Clause 5. The Consumer’s Obligations
When purchasing Products, the Consumer must ensure that all information entered is complete, truthful and accurate. Kids and Berries is not liable for delay or damage as a result of inaccurate or deficient information.
Before entering into the Agreement, the Consumer must check the order and the prices. Kids and Berries is entitled to change the price of the Products at any time up until the moment that the Consumer places the order.
The Consumer may purchase Products for his/her own use only. By purchasing the Products, he/or she implicitly declares that he/she will not resell or otherwise exploit the Products.
Above paragraph 5.3 does not apply to Business Partners who is subject to Business Partnership agreement conditions.
Clause 6. Intellectual Property
The Consumer is prohibited from copying, modifying, translating, making available to others, distributing, changing, adapting, de-assembling, decompiling or reverse engineering the Product.
Clause 7. Order and Delivery Procedure
Purchasing of the Kids and Berries Products takes place at www.kidsandberries.com. Kids and Berries can be contacted by e-mail at email@example.com.
The Consumer is responsible for ensuring that he/she is familiar with the specifications and characteristics of the Products on sale in the Web Shop before entering into an Agreement.
The Consumer can purchase Products by following the Web Shop’s ordering procedure. The Consumer enters the requested information after which it is possible to order the selected Products. By placing an order, the Consumer makes a commitment of payment.
After receiving the order, Kids and Berries will send e-mail confirmation of the order to the e-mail address specified by the Consumer. Until this confirmation has been received, the Consumer is entitled to annul the Agreement; thereby cancelling the order, free of charge.
Kids and Berries has the right to totally or partially dissolve the Agreement without proof of the Consumer’s default or negligence within 5 working days after payment is received if:
the ordered Products are not available;
de Consumer does not pay on time; or
the information provided by the Consumer is incorrect or incomplete.
If after payment the Agreement has not been dissolved, the ordered Products will be delivered to the Consumer using the delivery method selected by the Consumer.
Any delivery costs will be charged to the Consumer if it is not otherwise stated in the Web Shop. Kids and Berries to provide information about these costs prior to the order, to the extent possible.
The Products become the Consumer’s property on receipt and after complete payment has been made to Kids and Berries. As soon as the Products have been delivered they become the responsibility of the Consumer and the Consumer takes all risk and bears all liability for the Products.
Clause 8. Exercising Right of Withdrawal
The Consumer has the right of withdrawal, whereby after receipt of the ordered Products he/she may nullify the Agreement without providing any reason. This right of withdrawal can be exercised during a 14 day reflection period starting from the day after the order was received by:
the Consumer; or
a third party designated by the Consumer, not including the carrier.
In the event that the order is sent to the Consumer in parts, the reflection period commences on the day after delivery of the last part of the order.
During the reflection period, the Consumer may evaluate the Product and determine its nature, characteristics and functioning. The Consumer is expected to treat the Product and its packaging with due care.
The right of withdrawal can be exercised by unambiguously reporting this to Kids and Berries by e-mail: info@kidsandberries.
The Consumer is responsible for exercising the right of withdrawal on time and in the correct manner. The burden of proof for this lies with the Consumer.
Clause 9. Settlement of the Right of Withdrawal, Return of the Product(s)
Kids and Berries will confirm the Consumer’s correctly exercised right of withdrawal by e-mail.
The Consumer must return the Product(s) to the address specified by Kids and Berries as soon as possible but no more than 14 days after the Consumer has exercised his/her right of withdrawal.
The Product(s) must be returned in its/their original state, including all accessories and manuals, and in the original packaging. The Consumer should follow all reasonable instructions given by Kids and Berries.
The direct costs for returning the Product are to be paid by the Consumer.
The Consumer is liable for any depreciation in value of the Product(s) caused by treatment or actions others than referred to in clause 6, sub-section 4 of these General Terms and Conditions. Kids and Berries will subtract the value of this depreciation from the sum to be refunded.
As soon as possible but no more than 14 days after Kids and Berries has received the returned Product(s) or has received the Consumer’s proof of dispatch, Kids and Berries will refund the Consumer his/her payment of the Product(s) including the shipping costs.
For the refund, Kids and Berries will make use of the same form of payment as the Consumer used, unless the Consumer agrees to another form of payment.
If the original shipping method chosen by the Consumer was more expensive than the standard method, Kids and Berries is not liable to refund the additional costs for the more expensive method.
Clause 10. Disputes and Applicable Law
Dutch Law applies to all Agreements and legal relationships between the Parties.
Parties will attempt to resolve their disputes themselves and will if necessary appoint a mediator. Disputes that cannot be resolved in this way will be submitted to the judicial court in Kids and Berries’ domicile (the Netherlands).
Version: 31 March 2018
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