Legal notice

General Terms and Conditions

Table of Contents:
Article   1 - Definitions
Article   2 - Identity of the entrepreneur
Article   3 - Applicability
Article   4 - The offer
Article   5 - The agreement
Article   6 - Right of withdrawal
Article   7 - Costs in case of withdrawal
Article   8 - Exclusion of the right of withdrawal
Article   9 - The price
Article 10 - Conformity and warranty
Article 11 - Delivery and execution
Article 12 - Continuing performance contracts: duration, termination, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional or deviating provisions

Article 1 - Definitions
In these terms and conditions, the following definitions apply:
 

Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting for purposes relating to their trade, business, craft, or profession and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
Durable medium: any instrument which enables the consumer or the entrepreneur to store information addressed personally to them in a way accessible for future reference for a period of time adequate for the purposes of the information and which allows the unchanged reproduction of the stored information;
Right of withdrawal: the option for the consumer to waive the distance contract within the cooling-off period; Model withdrawal form: the standard withdrawal form made available by the trader, which a consumer can fill out if they wish to exercise their right of withdrawal.
Trader: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract concluded within the framework of a system organized by the trader for the distance selling of products and/or services, whereby, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;
Technique for distance communication: a means that can be used for the conclusion of a contract without the consumer and the trader being present in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the trader.

Article 2 - Identity of the trader
Pure Baby Love / Pure Wool Love - hereinafter referred to as Pure Baby Love
Prof van der Waalsstraat 3H
1821 BT Alkmaar
+31 625 523 155 (09:00-17:00)
Info at purebabylove.nl
Chamber of Commerce number: 59954213
VAT identification number: NL002174258B46

Article 3 - Applicability

These general terms and conditions apply to every offer made by the trader and to every distance contract concluded and order placed between the trader and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated—prior to the conclusion of the distance contract—that the general terms and conditions can be inspected at the trader's premises and that they will be sent free of charge as soon as possible at the consumer's request. If the distance contract is concluded electronically, then—notwithstanding the previous paragraph and prior to the conclusion of the distance contract—the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, then prior to the conclusion of the distance contract, it shall be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge, either electronically or otherwise, at the consumer's request.
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply accordingly; in the event of conflicting terms and conditions, the consumer may always invoke the applicable provision that is most favorable to them.
If one or more provisions of these general terms and conditions are at any time wholly or partially void or annulled, the remainder of the agreement and these terms and conditions shall remain in effect, and the provision in question shall be replaced without delay, by mutual agreement, with a provision that approximates the intent of the original provision as closely as possible.
Situations not covered by these general terms and conditions shall be assessed in accordance with the spirit of these general terms and conditions.
Any ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted in accordance with their spirit.

of these general terms and conditions.


Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur 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 enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Product images are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors correspond exactly to the actual colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in
particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and the actions required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery, and performance of the agreement;
the period for accepting the offer, or the period during which the entrepreneur guarantees the price;
the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the communication medium used; whether the contract is archived after conclusion, and if so, how it can be accessed by the consumer;
the manner in which the consumer can check and, if desired, correct the information provided in the context of the contract before concluding it;
any languages other than Dutch in which the contract may be concluded;
the codes of conduct to which the trader is subject and the manner in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the case of a continuing performance contract.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions attached thereto.
If the consumer has accepted the offer electronically, the trader shall immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the trader, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the trader shall take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can make electronic payments, the trader shall observe appropriate security measures for this purpose.
The trader may—within legal frameworks—inform himself whether the consumer can meet his payment obligations, as well as regarding all facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the trader has valid grounds not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution thereof.
With the product or service, the trader shall provide the consumer with the following information, either in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the visiting address of the trader's establishment where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
c. information on guarantees and existing after-sales service;
d. the information set out in Article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the performance of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.

In the case of a continuing performance contract, the provision in the preceding paragraph applies only to the first delivery.
Every agreement is entered into subject to the condition precedent of sufficient availability of the products concerned.


Article 6 - Right of withdrawal
For the delivery of products:

When purchasing products, the consumer has the option to dissolve the agreement without giving any reason for a period of 14 days. This cooling-off period commences on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the trader.
During the cooling-off period, the consumer shall handle the product and the packaging with care. He shall unpack or use the product only to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product to the trader with all supplied accessories and—if reasonably possible—in the original condition and packaging, in accordance with the reasonable and clear instructions provided by the trader.
If the consumer wishes to exercise his right of withdrawal, he is obliged to notify the trader of this within 14 days of receipt of the product. The consumer must provide this notification by means of an email to Pure Baby Love. After the consumer has notified the trader of his intention to exercise his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods were 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 customer has not indicated a wish to exercise their right of withdrawal or has not returned the product to the trader, the purchase becomes final.

For the supply of services:

In the case of the supply of services, the consumer has the option to dissolve the agreement without giving any reason for a period of at least 14 days, commencing on the day the agreement is concluded.
To exercise the right of withdrawal, the consumer shall comply with the reasonable and clear instructions provided by the trader regarding this matter at the time of the offer and/or at the latest upon delivery.


Article 7 - Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the goods shall be borne by the consumer, up to a maximum amount. Please refer to the returns page for details.
If the consumer has made a payment, the trader shall refund this amount as soon as possible, but no later than 14 days after the withdrawal. However, this is subject to the condition that the product has already been received back by the online retailer or that conclusive proof of the complete return shipment can be provided. Refunds will be made using the same payment method used by the consumer, unless the consumer explicitly consents to a different payment method.
If the product is damaged due to careless handling by the consumer, the consumer is liable for any depreciation in the product's value.
The consumer cannot be held liable for depreciation in the product's value if the trader has failed to provide all legally required information regarding the right of withdrawal; this information must be provided prior to the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

The trader may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the trader has clearly stated this in the offer, or at least in good time before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:

a. that have been manufactured by the trader in accordance with the consumer's specifications;
b. that are clearly personal in nature;
c. that cannot be returned due to their nature;
d. that are liable to deteriorate or expire rapidly;
e. the price of which is subject to fluctuations in the financial market over which the trader has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software where the consumer has broken the seal;
h. for hygiene products where the consumer has broken the seal. Exclusion of the right of withdrawal is only possible for services:

a. relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period;
b. where performance has begun with the consumer's express consent before the cooling-off period has expired;
c. relating to betting and lotteries.

Article 9 - The price

During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
By way of derogation from the previous paragraph, the entrepreneur may offer products or services with variable prices if their prices are subject to fluctuations in the financial market over which the entrepreneur has no influence. The fact that prices are subject to such fluctuations and that any prices stated are target prices will be mentioned in the offer.
Price increases within 3 months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
Price increases occurring 3 months or more after the conclusion of the agreement are permitted only if the entrepreneur has stipulated this and:

a. they result from statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement effective from the day the price increase takes effect.

The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to supply the product at the incorrect price. Article 10 - Conformity and Warranty

The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. If agreed, the trader also guarantees that the product is suitable for use other than normal use.
Any warranty provided by the trader, manufacturer, or importer does not affect the statutory rights and claims that the consumer may assert against the trader under the agreement.
Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks of delivery. Products must be returned in their original packaging and in new condition.
The trader's warranty period corresponds to the manufacturer's warranty period. However, the trader is never responsible for the ultimate suitability of the products for any specific application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:
The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties;
The delivered products have been exposed to abnormal conditions or otherwise have been handled carelessly or contrary to the instructions of the entrepreneur and/or the instructions on the packaging;
The defect is wholly or partially the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to the provisions of paragraph 4 of this article, the company shall execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer shall be notified of this no later than 30 days after placing the order. In such a case, the consumer has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
In the event of dissolution pursuant to paragraph 3 of this article, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than within 14 days of dissolution.
If delivery of an ordered product proves impossible, the entrepreneur shall endeavor to make a replacement item available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item is being supplied. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment shall be borne by the trader.
The risk of damage to and/or loss of products rests with the trader until the moment of delivery to the consumer or a representative designated in advance and made known to the trader, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination, and renewal
Termination

The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services at any time towards the end of the definite period, subject to agreed termination rules and a notice period of no more than one month.
The consumer may terminate the agreements referred to in the preceding paragraphs:
at any time and not be limited to termination at a specific time or during a specific period;
at the very least in the same manner as they were entered into by him;
always with the same notice period as the trader has stipulated for himself. Extension

A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
By way of derogation from the preceding paragraph, a fixed-term contract for the regular supply of daily, weekly, or other newspapers and magazines may be tacitly extended for a fixed term of no more than three months, provided the consumer is entitled to terminate the extended contract at the end of the extension period with a notice period of no more than one month.
A fixed-term contract for the regular supply of products or services may only be tacitly extended for an indefinite period if the consumer is entitled to terminate the contract at any time with a notice period of no more than one month—or no more than three months in the case of a contract for the regular supply (less frequently than once a month) of daily, weekly, or other newspapers and magazines.
A fixed-term contract for the regular supply of daily, weekly, or other newspapers and magazines on a trial or introductory basis (trial or introductory subscription) shall not be tacitly continued and shall terminate automatically upon the expiry of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless principles of reasonableness and fairness preclude termination prior to the end of the agreed term.

Article 13 - Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days of the commencement of the cooling-off period referred to in Article 6. In the case of a service agreement, this period commences after the consumer has received confirmation of the agreement.
The consumer is obliged to report any inaccuracies in payment details provided or stated to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to statutory limitations, to charge reasonable costs that have been made known to the consumer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure in place and handles complaints in accordance with this procedure.
Complaints regarding the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days of the consumer discovering the defects.
Complaints submitted to the entrepreneur will be answered within 14 days of the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved through mutual consultation, a dispute arises that is subject to the dispute resolution scheme.
In the event of complaints, the consumer must first turn to the entrepreneur. If a solution is still not reached, the consumer has the option to have the complaint handled by an appointed independent disputes committee; the ruling of this committee is binding, and both the entrepreneur and the consumer agree to this binding ruling. Submitting a dispute to this disputes committee entails costs that must be paid by the consumer to the committee in question. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is deemed well-founded by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.
The Vienna Sales Convention (CISG) does not apply.

Article 16 - Additional or deviating provisions
Provisions that are additional to or deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.
Pure Baby Love aims to offer high-quality, ergonomic, and safe (baby) products.