Bedingungen und Konditionen

The general terms and conditions have been compiled by the association of wholesalers and have been deposited with the Chamber of Commerce in Elst under number: 84535466 for Baby Products.

Inhaltsverzeichnis:          

Article 1 - Definitions

Article 2 - Applicability

Article 3 - Agreement

Article 4 - Prices

Article 5 - Right of withdrawal

Article 6 - Costs in case of withdrawal

Article 7 - Exclusion of right of withdrawal

Article 8 - Delivery time 

Article 9 - Delivery and transfer of risk

Article 10 - Delivery

Article 11 - Warranties and complaints

Article 12 - Limitation of liability

Article 13 - Force majeure

Article 14 - Intellectual property

Article 15 - Applicable law and competent court 

Artikel 1 Begriffsbestimmungen

In these general terms and conditions, the following terms are used in the following meaning, unless explicitly stated otherwise:

• Seller: Mooiys B.V and its domain and/or trade names are operated by Mooiys B.V in Elst (Chamber of Commerce no. 84535466, doing business at (6662 WD) Marithaime 8, referred to in these general terms and conditions as the seller.
• Käufer: Die Gegenpartei des Verkäufers wird in diesen Allgemeinen Geschäftsbedingungen als Käufer (oder Verbraucher, wenn es sich um eine natürliche Person handelt, die nicht in Ausübung eines Berufs oder Gewerbes handelt) bezeichnet.
• Parteien: Die Parteien sind der Verkäufer und der Käufer zusammen.
• Vereinbarung: Die Vereinbarung bezieht sich auf den Kaufvertrag zwischen den Parteien.

Artikel 2 Geltungsbereich

1. These general terms and conditions apply to every offer from the Mooiys B.V on every distance agreement established between Mooiys B.V and consumer.
2. Vor Abschluss des Fernabsatzvertrags wird dem Verbraucher der Wortlaut dieser Allgemeinen Geschäftsbedingungen zur Verfügung gestellt.
3. Wird der Fernabsatzvertrag auf elektronischem Wege geschlossen, so kann – abweichend vom vorstehenden Absatz und vor Abschluss des Fernabsatzvertrags – der Wortlaut dieser Allgemeinen Geschäftsbedingungen dem Verbraucher auf elektronischem Wege so zur Verfügung gestellt werden, dass er ihn auf einem dauerhaften Datenträger leicht speichern kann.
4. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraph apply correspondingly and in case of conflicting conditions, the consumer can always invoke the applicable provision that is most favorable to him.

 
Artikel 3 Vereinbarung

1. Der Vertrag kommt, vorbehaltlich der Bestimmungen in Absatz 4, in dem Moment zustande, in dem der Verbraucher das Angebot annimmt und die darin festgelegten Bedingungen erfüllt. Artikel 6:232 BW besagt: „Eine Vertragspartei ist auch dann an die Allgemeinen Geschäftsbedingungen gebunden, wenn der Verbraucher zum Zeitpunkt des Vertragsabschlusses wusste oder hätte wissen müssen, dass er mit deren Inhalt nicht vertraut war.“
2. If the consumer has accepted the offer electronically, Mooiys B confirms it.V immediately electronically acknowledges the receipt of the acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by Mooiys B.V If confirmed, the consumer can terminate the agreement.
3. If the agreement is established electronically, Mooiys B. will take measures.V Mooiys must ensure a secure web environment by implementing appropriate technical and organizational measures for the security of electronic data transmission. If the consumer can pay electronically, Mooiys B will.V take appropriate security measures for this purpose.
4. Mooiys B.V Within the legal frameworks, it can ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for responsibly entering into a distance contract. If Mooiys B.V Based on this research, if he has good grounds 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.

Artikel 4 Preise

1. The prices of the offered products will not be increased, except for price changes as a result of legal changes. Transactions made with Mooiys B.V are always conducted under the agreed conditions.
2. All previous prices automatically expire at the moment of change and no rights can be derived from them. Price increases within three months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
3. All prices on the website are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. All prices on the site are in Euros and include 21% VAT. Offers are non-binding, unless otherwise stated in the offer. Upon acceptance of a non-binding offer by the buyer, Mooiys B reserves the right.V reserves the right to revoke or deviate from the offer within a period of three working days after receipt of such acceptance.
4. Oral commitments bind Mooiys B.V only after they have been expressly and writtenly confirmed. Offers from Mooiys B.V do not automatically apply to reorders. Mooiys B.V cannot be held to her offer if the purchaser should have understood that the offer, or a part thereof, contained an obvious mistake or typographical error.

Artikel 5 Widerrufsrecht

1. If there is a consumer purchase in accordance with article 7:5 BW, the consumer has the right to dissolve the agreement without giving any reasons for 14 working days. This reflection period begins the day after the consumer receives the product. If the consumer has not returned the delivered goods to the seller after this period, the purchase is a fact.
2. The consumer is obliged, before proceeding to return, to notify Mooiys B in writing within a period of 14 working days after delivery.V The consumer must prove that the goods were returned on time.
3. During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to determine whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all supplied accessories and in the original condition and packaging to Mooiys B.V return, in accordance with Mooiys B.V provided reasonable and clear instructions. The return of the delivered goods is entirely at the expense and risk of the consumer.
4. The above right of withdrawal does not apply to goods that have been manufactured according to the consumer's specifications, including for example custom-made items, or those that have a clearly personal character.
    

Artikel 6 Kosten im Falle eines Widerrufs

1. If the consumer exercises his right of withdrawal, at most the costs of return will be at his expense. If the consumer has paid an amount, Mooiys B. willV we will refund this amount as soon as possible, but no later than 30 days after the return or revocation.

Article 7 Exclusion of revocation right

1. Mooiys B.V The consumer's right of withdrawal can be excluded to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal only applies if Mooiys B.V this has been clearly stated in the offer, at least in time before the conclusion of the contract.
2. Exclusion of the right of withdrawal is only possible for products:
   a) That are by Mooiys B.V a) That have been established in accordance with the consumer's specifications;
   b) That are clearly personal in nature;
   c) That, by their nature, cannot be returned;
   d) That can spoil or age quickly;
   e) Whose price is tied to fluctuations in the financial market over which Mooiys B.V has no influence;
   f) For individual newspapers and magazines; For audio and video recordings and computer software where the consumer has broken the seal.
3. The right of withdrawal is only possible for services:
   a) Concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
   b) Where delivery has begun with the express consent of the consumer before the cooling-off period has expired;
   c) Concerning betting and lotteries.

Artikel 8 Lieferfrist

1. Die Lieferung erfolgt, solange der Vorrat reicht.
2. The indication of the delivery time is approximate. Mooiys B.V commits to adhering as much as possible to the specified delivery time, but is not liable for the consequences of exceeding it, which he could not reasonably have prevented. Such an exceedance obligates Mooiys B.V does not entitle to any compensation, nor does it give the buyer the right to terminate the agreement.
3. In case of exceeding the presumed delivery time referred to in paragraph 1 of this article, Mooiys B.V granted a further period to deliver nonetheless. This additional period is equal to the original estimated delivery time with a maximum of one month. If this additional term is exceeded, the buyer has the right to terminate the agreement without reason.

Article 9 Delivery and risk transfer

1. Sobald der Käufer die Ware erhalten hat, geht die Gefahr vom Verkäufer auf den Käufer über.

Artikel 10 Lieferung

1. Mooiys B.V will exercise the utmost care in receiving and executing orders for products and in assessing applications for the provision of services.
2. The address provided by the consumer to Mooiys B is considered the place of delivery.V has made known.
3. In accordance with what is stated in article 4 of these general terms and conditions, Mooiys B. will.V Accepted orders will be executed with competent speed, but no later than 30 days, unless another delivery term has been agreed upon. If the delivery experiences delays, or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order.
4. In diesem Fall hat der Verbraucher das Recht, den Vertrag ohne Kosten zu kündigen.

Article 11 Warranties and complaints

1. Mooiys B.V provides a warranty for the products he has supplied, starting from the day of invoicing to the buyer, to the extent that it concerns defects attributable to the seller, which occur under normal use, this based on the following depreciation procedure: - within 1 year after the invoice date: the costs of repair or replacement, including freight within the Netherlands, are fully borne by Mooiys B.V
2. The customer is obliged to immediately check the delivered goods upon receipt. If it turns out that the delivered item is incorrect, defective or incomplete, then the buyer must (before proceeding to return to Mooiys B.V) to report these defects immediately in writing to Mooiys B.V
3. Any defects or incorrectly delivered goods must and can be reported to Mooiys B no later than 2 months after delivery.V to be reported in writing. The return of the items must be in the original packaging (including accessories and accompanying documentation) and in new condition. Use after detection of defects, damage occurring after detection of defects, encumbrance and/or resale after detection of defects, completely voids the right to complain and return.
4. If the complaints of the buyer are by Mooiys B.V if found to be valid, Mooiys B. willV to her choice of either replacing the delivered goods free of charge or reaching a written agreement with the buyer on compensation for damages, provided that the liability of Mooiys B.V and therefore the amount of compensation is always limited to at most the invoice amount of the relevant items, or (at the choice of Mooiys B.V) up to the maximum in the respective case by the liability insurance of Mooiys B.V covered amount. Any liability of Mooiys B.V Liability for any other form of damage is excluded, including but not limited to additional compensation in any form, compensation for indirect damage or consequential damage, or damage due to lost profits.
5. Mooiys B.V is not liable for damage caused by the incorrect assembly of the product by the buyer or by a third party.
6. This warranty does not apply if:
   a) As long as the buyer is against Mooiys B.V is in default;
   b) The buyer has repaired and/or processed the delivered goods himself or has had them repaired/or processed by third parties.;
   c) The delivered goods have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the instructions of Mooiys B.V and/or instructions on the packaging have been followed;
   d) The defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or the quality of the materials used.

 Artikel 12 Haftungsbeschränkung

1. To the extent permitted by law, the liability of Mooiys B.V For damage caused by defects in the delivered goods, liability is limited to the net invoice amount of the delivered goods, unless the consequences of this exoneration are demonstrably unreasonably burdensome for the buyer.
2. Der Verkäufer haftet in keinem Fall für Folgeschäden, einschließlich Schäden gegenüber Dritten.
    

Artikel 13 Höhere Gewalt

1. If the seller cannot fulfill his obligations from the agreement properly, on time, or at all due to force majeure, he is not liable for any damage suffered by the buyer.
2. Under force majeure, the parties understand any circumstance that the seller could not have taken into account at the time of entering into the agreement and as a result of which the normal execution of the agreement cannot reasonably be demanded by the buyer, such as illness, war or threat of war, civil war and riot, molestation, sabotage, terrorism, power failure, flooding, earthquake, fire, business closure, strikes, exclusion of workers, changed government measures, transport difficulties and other disruptions in the seller's business.
    
3. Furthermore, the parties understand force majeure to be the circumstance in which supplier companies, on which the seller depends for the execution of the agreement, do not fulfill their contractual obligations towards the seller, unless this can be attributed to the seller.
4. If a situation as described above occurs as a result of which the seller cannot meet his obligations, those obligations are suspended as long as the seller cannot fulfill his obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties have the right to dissolve the agreement in whole or in part in writing.
5. If the force majeure lasts longer than three months, the buyer has the right to terminate the agreement immediately. Dissolution can only be done through a registered letter.

Artikel 14 Geistiges Eigentum

1. Mooiys B.V retains intellectual property rights (including copyright, patent law, trademark law, designs and models law, on all products, designs, drawings, writings, data carriers or other information, quotations, images, sketches, models, maquettes, unless parties have agreed otherwise in writing.
2. The customer may not use the aforementioned intellectual property rights without prior written consent from Mooiys B.V allow copying to third parties, display and/or make available or use in any other way.

Artikel 15 Anwendbares Recht und zuständiges Gericht

1. Alle Angebote, Verträge und deren Erfüllung unterliegen ausschließlich niederländischem Recht.
2. All disputes that exceed the jurisdiction of the district court will be settled by the court in the district where Mooiys B.V is located.