Terms and Conditions

The general conditions were compiled by the Association of Wholesalers and have been filed in Baby Products at the Elst Chamber of Commerce under number: 84535466.

Table of Contents:          

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 the 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 

Article 1 Definitions

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

• Seller: Mooiys B.V. and its domain and/or trade names conducted by Mooiys B.V. in Elst (KvK no. 84535466, doing business at (6662 WD) Marithaime 8, to the which in these general terms and conditions is referred to as Seller.
• Buyer: The other party to the seller is referred to in these general terms and conditions as buyer (or consumer, if a natural person not acting in the exercise of a profession or business).
• Parties: Parties are seller and buyer together.
• Agreement: Agreement means the purchase agreement between the parties.

Article 2 Applicability

1. These general terms and conditions apply to every offer made by Mooiys B.V. to every distance contract concluded between Mooiys B.V. and consumers.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer.
3. 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 may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier.
4. In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting conditions, the consumer may always rely on the applicable provision that is most favorable to him.

 
Article 3 Agreement

1. The contract is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and fulfilment of the conditions thereby stipulated. Article 6:232 BW stipulates: "an opposing party is also bound by the general terms and conditions if, at the conclusion of the contract, the user understood or should have understood that he did not know the contents thereof."
2. If the consumer has accepted the offer electronically, Mooiys B.V. shall immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Mooiys B.V., the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, Mooiys B.V. will take appropriate technical and organisational measures to protect the electronic transfer of data, Mooiys must ensure a secure web environment. If the consumer can pay electronically, Mooiys B.V. will observe appropriate security measures to this end.
4. Mooiys B.V. may inform itself within legal frameworks whether the consumer can fulfil his payment obligations, as well as of all those facts and factors that are important for responsibly entering into the distance agreement. If Mooiys B.V. has good grounds on the basis of this investigation not to enter into the agreement, it is entitled to refuse an order or application with reasons or to attach special conditions to the execution.

Article 4 Prizes

1. The prices of the products offered will not be increased, with the exception of price changes resulting from legal changes. Established transactions with Mooiys B.V. are always conducted at the agreed conditions.
2. All previous prices expire automatically at the time of change and no rights can be derived from them. Price increases within three months of the conclusion of the agreement are only allowed if they result from 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 without obligation, unless otherwise stated in the offer. Upon acceptance of a non-binding offer by the buyer, Mooiys B.V. reserves the right to revoke or deviate from the offer within a period of three working days after receipt of such acceptance.
4. Verbal agreements only bind Mooiys B.V. after they have been explicitly confirmed in writing. Offers from Mooiys B.V. do not automatically apply to repeat orders. Mooiys B.V. cannot be bound by its offer if the customer should have understood that the offer, or any part thereof, contained an obvious mistake or error.

Article 5 Right of withdrawal

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 reasons for 14 working days. This cooling-off period commences on the day following receipt of the product by the consumer. If at the end of this period the consumer has not returned the delivered goods to the seller, the purchase is a fact.
2. Before proceeding to return the goods, the consumer is obliged to report this to Mooiys B.V. in writing within the period of 14 working days after delivery. The consumer must prove that the delivered goods were returned in a timely manner.
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 assess whether he wishes to keep the product. If he exercises his right of withdrawal, he shall return the product with all delivered accessories and in the original condition and packaging to Mooiys B.V., in accordance with the reasonable and clear instructions provided by Mooiys B.V. Returning the delivered items will be entirely at the consumer's expense and risk.
4. The above right of withdrawal does not apply to goods manufactured to the consumer's specifications, including, for example, custom-made goods, or which are clearly personal in nature.
    

Article 6 Costs in case of withdrawal

1. If the consumer exercises his right of withdrawal, at most the costs of returning the goods will be at his expense. If the consumer has paid an amount, Mooiys B.V. will refund this amount as soon as possible, but at the latest within 30 days after the return or withdrawal.

Article 7 Exclusion of withdrawal right

1. Mooiys B.V. may exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if Mooiys B.V. has clearly stated this in the offer, or at least in good time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:
   a) That have been created by Mooiys B.V. 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 spoil or age quickly;
   e) The price of which is subject to fluctuations on the financial market beyond the control of Mooiys B.V. has no influence;
   f) For individual newspapers and magazines; For audio and video recordings and computer software of which the consumer has broken the seal.
3. The right of withdrawal is only possible for services:
   a) Concerning accommodation, transportation, restaurant business or leisure activities to be performed on a certain date or during a certain period;
   b) Of which the delivery has started with the express consent of the consumer before the expiration of the withdrawal period;
   c) Concerning betting and lotteries.

Article 8 Delivery time

1. Delivery will take place while supplies last.
2. The indication of the delivery time is approximate. Mooiys B.V. undertakes to adhere to the stated delivery time as much as possible, but is not liable for the consequences of exceeding a delivery time it could not reasonably have prevented. Such an overrun does not oblige Mooiys B.V. to pay any compensation, nor does it entitle the buyer to annul the agreement.
3. If the presumed delivery time referred to in paragraph 1 of this article is exceeded, Mooiys B.V. will be granted a further term to still deliver. This additional term is equal to the original presumed delivery term with a maximum of one month. If this additional term is exceeded the buyer is entitled to dissolve the agreement without cause.

Article 9 Completion and transfer of risk

1. Once the purchased item is received by the buyer, the risk passes from seller to buyer.

Article 10 Delivery 

1. Mooiys B.V. will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address made known to Mooiys B.V. by the consumer.
3. With due observance of that stated in article 4 of these general terms and conditions, Mooiys B.V. will execute accepted orders with convenient speed but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be informed about this at the latest 30 days after the order was placed.
4. In this case, the consumer has the right to dissolve the contract without cost.

Article 11 Warranties and complaints

1. Mooiys B.V. provides a user warranty for the products it supplies, counting from the day of invoicing to the buyer, insofar as it concerns defects attributable to the seller that become evident in normal use, on the basis of the following depreciation procedure: - within 1 year after the invoice date: the costs of repair or replacement, including freight within the Netherlands, shall be fully borne by Mooiys B.V.
2. The customer is obliged to check the delivered items immediately upon receipt. If it turns out that the delivered goods are incorrect, faulty or incomplete, the customer must immediately report these defects in writing to Mooiys B.V. (before proceeding to return them to Mooiys B.V.).
3. Any defects or incorrect goods delivered must and can be reported to Mooiys B.V. in writing no later than 2 months after delivery. Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. The right to complain and return goods lapses completely if they are used after the discovery of defects, damage occurs after the discovery of defects, encumbrance and/or resale after the discovery of defects.
4. If Mooiys B.V. finds the customer's complaints well-founded, Mooiys B.V. will at its discretion either replace the delivered items free of charge or enter into a written settlement with the customer about compensation for damages, on the understanding that Mooiys B.V.'s liability and consequently the amount of compensation for damages is always limited to a maximum of the invoice amount for the items in question, or (at Mooiys B.V.'s discretion) to the maximum amount covered by Mooiys B.V.'s liability insurance in the case in question. Any liability of Mooiys B.V. for any other form of damages is excluded, including additional damages in any form whatsoever, compensation of indirect or consequential damages or damages due to lost profits.
5. Mooiys B.V. is not liable for any damage caused by incorrect assembly of the product by the buyer or by a third party.
6. This guarantee does not apply if:
   a) As long as the Buyer is in default vis-à-vis Mooiys B.V.;
   b) The Buyer has repaired and/or altered the delivered items itself or had them repaired and/or altered by third parties;
   c) The delivered items have been exposed to abnormal conditions or otherwise carelessly treated or have been treated in violation of Mooiys B.V.'s instructions; d) The defectiveness is wholly or partially the result of regulations imposed or to be imposed by the government with regard to the nature or quality of the materials applied.V. and/or instructions for use on the packaging;
   d) The defectiveness is entirely or partially the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

 Article 12 Limitation of liability

1. To the extent permitted by law, Mooiys B.V.'s liability for damage caused by defects in the delivered goods is limited to the net invoice amount of the delivered goods, unless the consequences of this exoneration are demonstrably unreasonably onerous for the buyer.
2. The seller is never liable for indirect damages including third party damages.
    

Article 13 Force Majeure

1. If the seller is unable to fulfill its obligations under the agreement, in a timely manner or properly due to force majeure, it shall not be liable for damages suffered by the buyer.
2. By force majeure the parties mean in any case circumstances which the seller could not take into account at the time the agreement was entered into and as a result of which the normal execution of the agreement cannot reasonably be required by the buyer, such as illness, war or danger of war, civil war and riots, molestation, sabotage, terrorism, energy failure, flooding, earthquake, fire, occupation, strikes, lockout, changed government measures, transport difficulties and other disruptions in the seller's business.
    
3. Furthermore, the parties shall mean by force majeure the circumstance that supplying companies on which the seller depends for the execution of the agreement do not comply with the contractual obligations to the seller, unless this is attributable to the seller.
4. If a situation occurs as above as a result of which does not fulfill its obligations towards, opposite, those obligations will be suspended as long as the seller can not fulfill its obligations. If the situation referred to in the previous sentence has lasted for 30 calendar days, the parties shall have the right to dissolve the agreement in writing in whole or in part.
5. In case the force majeure continues for more than three months, buyer has the right to dissolve the agreement with immediate effect. Dissolution can only be done by registered letter.

Article 14 Intellectual property

1. Mooiys B.V. retains in intellectual property rights (including copyright patent right trademark right, drawings and models right, on all products, designs, drawings, writings, carriers with data or other information, quotation, images, sketches, models, models, unless the parties have agreed otherwise in writing.
2. The customer may not have said intellectual property rights copied to third parties without Mooiys B.V.'s prior written consent to show and or make available or otherwise use them.

Article 15 Applicable law and competent court

1. All offers, agreements and the performance thereof shall be governed exclusively by Dutch law.
2. All disputes, insofar as they exceed the jurisdiction of the subdistrict court, will be settled by the court in the district where Mooiys B.V. is located.