General terms and conditions of www.babysurprise.be

Company information

Data Storage Consulting BVBA with trade name Baby Surprise

Astridstraat 77

9620 Zottegem

Belgium

info@babysurprise.be

+32 9 311 80 95

VAT: BE0476 273 166

RPR Gent – Belgium

Article 1: General provisions

The e-commerce website of Data Storage Consulting with trade name Baby Surprise, a BVBA with registered office at Astridstraat 77, 9620 Zottegem, VAT BE 0476273166, RPR Gent, (hereinafter referred to as ‘Baby Surprise’) offers its customers the possibility to purchase online the products in her web shop.

These Terms and Conditions (“Terms”) apply to every order placed by a visitor to this e-commerce website (“Customer”). When placing an order via the web shop of Baby Surprise, the Customer must explicitly accept these Terms and Conditions, with which he agrees to the applicability of these Terms and Conditions, with the exclusion of all other conditions. Additional conditions of the Customer are excluded, except if they have been accepted written and explicitly in advance by Baby Surprise.

Article 2: Price

All prices are expressed in EURO, always including VAT and all other duties or taxes that are required by the Client.

If delivery, reservation or administrative costs are charged, this will be mentioned separately.

The indication of price only refers to the articles as described verbatim. The accompanying photographs are intended for decorative purposes and may contain in exceptional cases elements that deviate, but that are in the same price range as those on the photo.

Article 3: Offer

Despite the fact that the e-commerce website is compiled with the utmost care, it is still possible that the information provided is incomplete, contains material errors, or is not up-to-date. Obvious mistakes or errors in the offer do not bind Baby Surprise. Baby Surprise is only bound to an obligation of means for the accuracy and completeness of the information provided. Baby Surprise is in no way liable in case of manifest material errors, typesetting or printing errors.

If the Customer has specific questions about e.g. size, colour, availability, delivery time or delivery method, we request the Customer to contact our customer service in advance via info@babysurprise.be

The offer is valid as long as stocks last and can be adjusted or withdrawn at any time by Baby Surprise. Baby Surprise cannot be held responsible for the unavailability of a product. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

Article 4: Online purchases

The agreement is concluded at the moment of acceptance by the Customer of the offer (by selecting “Placing order “) and fulfilling the corresponding payment conditions.

If the Customer has accepted the offer electronically, Baby Surprise will immediately confirm electronically the receipt of the acceptance of the offer.

The Customer has the choice between the following payment methods:

• via credit card
• via bank card
• by bank transfer to account number IBAN: BE62 7340 0692 1361 BIC: KREDBEBB

The costs of an international transfer are borne by the Customer and are therefore not included in the sales price.

Baby Surprise is entitled to refuse an order due to a serious shortcoming of the Customer with regard to orders in which the Customer is involved.

Article 5: Delivery and execution of the agreement

Items ordered through this web shop are delivered in Belgium, the Netherlands and Luxembourg.

The delivery is done by Bpost Belgium. The costs of delivery depend on the weight of the product and the place of delivery. The exact costs are shown at checkout from the shopping cart.

Unless otherwise agreed or expressly provided otherwise, the goods are delivered to the place of residence of the Customer within 3 working days in Belgium and 5 working days in the Netherlands or Luxembourg after receipt of the payment.

Delivery in other countries is possible on simple request by sending an e-mail at info@babysurpise.be

It is possible to pick up your order. In this case, no costs are charged. At the checkout of the shopping cart, it is possible to select “pick up”.

Any visible damage and / or qualitative deficiency of an article or other shortcoming on delivery must be reported to Baby Surprise immediately by the Customer.

The risk of loss or damage passes to the Customer from the moment he (or a third party designated by the customer, who is not the carrier) has physically acquired the goods. However, the risk already passes to the Customer upon delivery to the carrier, if the carrier of the Customer has been instructed to transport the goods and this choice was not offered by the Baby Surprise.

Article 6: Retention of Title

The delivered goods remain the exclusive property of Baby Surprise until the moment of full payment by the Customer.

The Customer commits himself, if necessary, to inform third parties of the retention of title of Baby Surprise, e.g. to anyone who is to confiscate the not yet paid items.

Article 7: Right of Withdrawal

The provisions of this article only apply to Customers who, in their capacity as consumers, purchase items online from Baby Surprise.

The Customer has the right to withdraw from the contract within 14 calendar days without giving any reason.

The withdrawal period expires 14 calendar days after the day of receipt of the order.

In order to exercise the right of withdrawal, the Customer must inform Baby Surprise via an unambiguous statement (e.g. in writing by mail or by e-mail) of his decision to withdraw from the contract.

To comply with the withdrawal period, the Customer must send his notice regarding his exercise of the right of withdrawal before the withdrawal period has expired.

The Customer must return the goods without delay, but in any case not later than 14 calendar days after the day on which he has communicated his decision to cancel the contract to Baby Surprise, or hand it over to Baby Surprise. The Customer is on time if he returns the goods before the period of 14 calendar days has elapsed.

The direct costs of returning the goods are at the expense of the Customer.

If the returned product is reduced in value in any way, Baby Surprise reserves the right to hold the Customer liable and demand compensation for any value reduction of the goods resulting from the use of the goods by the Customer which goes beyond what is necessary to determine the nature, characteristics and functioning of the goods.

Only items that are in the original packaging, together with all accessories, instructions for use and invoice or proof of purchase can be taken back.

If the Customer cancels the agreement, Baby Surprise will refund all payments received by the Customer up to that time, including the delivery costs, to the Customer within a maximum of 14 calendar days after Baby Surprise has been informed of the Customer’s decision to revoke the agreement. For sales Baby Surprise may withhold the reimbursement until it has received the goods back.

Any additional costs resulting from the Customer’s choice for a different delivery method than the cheapest standard delivery offered by Baby Surprise will not be refunded.

Baby Surprise will refund the Customer with the same payment method with which the Customer has performed the original transaction, unless the Customer has explicitly agreed otherwise; in any case, the Customer will not be charged for such reimbursement.

Article 8: Warranty

Pursuant to the law of 21 September 2004 concerning the protection of consumers in the sale of consumer goods, the consumer has statutory rights. This legal guarantee applies from the date of delivery to the first owner. Every commercial warranty leaves these rights unabated.

To invoke the warranty, the customer must present proof of purchase. Customers are advised to keep the original packaging of the goods.

For articles purchased online and delivered to the Customer’s home, the Customer must contact the Baby Surprise customer service and return the item to Baby Surprise at his expense.

In determining a defect, the Customer must inform Baby Surprise as soon as possible. In any case, any defect must be reported by the Customer within a period of 2 months after it has been determined. Afterwards, all rights to repair or replacement lapses.

The (commercial and / or legal) warranty is never applicable to defects arising as a result of accidents, neglect, falls, use of the article in violation of the purpose for which it was designed, non-compliance with the instructions for use or instructions, modifications or changes to the article, hard-handed use, poor maintenance, or any other abnormal or incorrect use.

Defects that manifest themselves after a period of 6 months following the date of purchase, if applicable delivery, are deemed to be no hidden defects, unless the Customer proves otherwise.

Article 9: Customer Service

The customer service of Baby Surprise can be reached via e-mail at info@babysurprise.be or by mail at the following address Astridstraat 77, 9620 Zottegem, Belgium. Any complaints can be directed to this address.

Article 10: Sanctions for a non-payment

Without prejudice to the exercise of other rights owned by Baby Surprise, the Client shall owe an interest of 10% per year on the unpaid amount in the event of non-payment or late payment from the date of default. In addition, the Customer is legally and without notice a flat-rate compensation of 10% on the amount involved, with a minimum of 25 euros per invoice.

Without prejudice to the foregoing, Baby Surprise reserves the right to take back the not (completely) paid items.

Article 11: Privacy

The person in charge of the processing, Baby Surprise respects the Belgian law of 8 December 1992 regarding the protection of privacy in the processing of personal data.

The personal data you provide will only be used for the following purposes: the execution of the concluded agreement, the processing of the order, sending newsletters.

You have a legal right to inspect and correct your personal data. Subject to proof of identity (copy of identity card) you can obtain the written notification of your personal data free of charge via a written, dated and signed request to Baby Surprise. If necessary, you can also ask to correct the data that would be incorrect, incomplete or non-pertinent.

In case of use of data for direct marketing: You can oppose the use of your data for direct marketing free of charge. You can always contact Baby Surprise for this.

We treat your information as confidential information and will not pass it on, rent or sell it to third parties.

The customer himself is responsible for keeping his login details and the use of his password confidential. Your password is stored encrypted, so Baby Surprise does not have access to your password.

Baby Surprise keeps online (anonymous) visitor statistics in order to see which pages of the website are visited to which extent.

If you have questions about this privacy statement, you can contact us at info@babysurprise.be

Article 12: Use of cookies

During a visit to the site, ‘cookies’ can be placed on the hard disk of your computer. A cookie is a text file that is placed by the server of a website in the browser of your computer or on your mobile device when you consult a website. Cookies cannot be used to identify people; a cookie can only identify a machine. We use first party and third party cookies for this.

You can set your internet browser in such a way that cookies are not accepted, that you receive a warning when a cookie is installed or that the cookies are subsequently removed from your hard drive. You can do this via the settings of your browser (via the help function). Keep in mind that certain graphic elements cannot appear correctly, or that you will not be able to use certain applications.

By using our website, you agree to our use of cookies.

Article 13: Adverse validity – non-renunciation

If any provision of these Terms and Conditions is declared invalid, illegal or void, this will in no way affect the validity, legality and applicability of the other provisions.

Any failure by Baby Surprise to enforce any of the rights listed in these Terms and Conditions or to exercise any right thereto at any time will never be regarded as a waiver of such provision and shall never affect the validity of such rights.

Article 14: Change of conditions

These Terms and Conditions are supplemented by other conditions that are explicitly referred to and the general terms and conditions of sale of Baby Surprise. In case of contradiction, these Terms and Conditions prevail.

Article 15: Proof

The Customer accepts that electronic communications and backups can serve as proof.

Article 16: Copyright

All visible information on the website of Baby Surprise (such as but not limited to: images, texts, the logo, photos) is copyrighted. It is therefore not permitted to distribute and / or copy this information in any form without the prior written consent of Baby Surprise.

Article 17: Applicable law – Disputes

Belgian law applies, with the exception of the provisions of private international law on applicable law.

The courts of the residence of Baby Surprise are competent in legal disputes. The Consumer can also turn to the ODR platform (http://ec.europa.eu/consumers/odr/).