General Terms and Conditions Babboe B.V.
- Offer: an offer by Babboe for the purchase of a product, including a purchase price, payment obligations, additional costs, an indication/expected delivery time, and in which the applicability of these general terms and conditions is included;
- Babboe: the company that sells cargo bikes and accessories under the Babboe trade name;
- Cooling-off period: the 14-day period after receipt during which the Customer can exercise his/her right of withdrawal;
- Warranty Conditions: conditions related to the warranty, which are applicable to Babboe products and all agreements between Babboe and the Customer and which are available on the Website;
- Right of Withdrawal: the possibility of the Customer to withdraw from the Distance Agreement within the Cooling-off period;
- Customer: the natural person, not acting in the exercise of a profession or as a business, with whom Babboe enters into an agreement;
- Standard form for withdrawal: the European standard form for withdrawal, included in Annex 1 of these general terms and conditions;
- Distance Agreement: Any agreement concluded between Babboe and the Customer in the framework of an organised system for selling products, digital content and/or services, whereby one or more distance communication techniques are used exclusively, including to enter into the agreement;
- Website: Babboe’s website: www.babboecargobike.com.
- These general terms and conditions apply to each offer and agreement between Babboe and the Customer, onto which Babboe has declared these conditions to be applicable, insofar as parties have not explicitly deviated from these general terms and conditions in writing.
- Before the Distance Agreement is concluded, the content of these general terms and conditions is made available to the Customer. If this is not reasonably possible, Babboe shall, before the Distance Agreement is concluded, indicate the way in which the general terms and conditions can be consulted, and that they will be sent to the Customer at his/her request, free of charge.
- If the Distance Agreement is concluded electronically, prior to the Distance Agreement being concluded, the text of these general terms and conditions shall be made available electronically to the Customer, in such a way that the Customer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the Distance Agreement being concluded, it will be indicated where the general terms and conditions may be consulted electronically. These terms and conditions will be provided to the Customer at his/her request, electronically or otherwise, free of charge.
- If a situation that is not stipulated in these general terms and conditions occurs between the parties, then this situation must be judged in the spirit of these general terms and conditions.
- If Babboe not always requires strict compliance of these terms and conditions, it does not mean that the provisions thereof are not applicable, or that the Customer in any degree would lose the right to require strict compliance of these terms and conditions in other cases.
- In the event that specific product or service conditions are also applicable besides these general terms and conditions, the provisions in the second and third paragraph of this article shall apply.
3 Quotations and Offer
- All offers by Babboe are without obligation, unless a period of acceptance is established. An Offer expires if a product to which the offer relates has become unavailable in the meantime.
- Babboe cannot be held to its offers if the Customer can reasonably understand that the offers, or a part thereof, contain an apparent error or typographical error.
- Each Offer includes the necessary information clearly showing the Customer’s rights and obligations attached to the acceptance of the Offer. This concerns in particular the price, including taxes, the possible delivery fees, the way the agreement will be concluded and which actions are required thereto, whether or not the right of withdrawal is applicable, the payment method, delivery and execution of this agreement, the period of acceptance of the offer, or the period within which Babboe guarantees the price, the amount of the rate for distance communication if the costs of using distance communication techniques are calculated on a different basis than the regular base rate for the used method of communication, whether the agreement is archived after it is concluded, and if so, which way it can be consulted by the Customer and the way in which the Customer, prior to concluding the agreement, can check the information he/she provided and, if required, can amend it.
- The prices in the Offer include VAT and other government taxes, as well as possible costs to be made in the framework of the agreement, including administrative costs, unless otherwise indicated. Transportation and assembly costs are mentioned separately and are explicitly not included in the prices listed on the offers.
- If the acceptance (whether based on minor items or not) deviates from the quotation included in the Offer, Babboe shall not be bound to it. The agreement will then not be concluded in accordance with said deviating acceptance, unless Babboe indicates otherwise.
- All statements by Babboe regarding numbers, measurements, weights, colours and/or other indications are formulated carefully. However, Babboe cannot guarantee that deviations will not occur in this respect. Errors, such as pricing errors on the www.babboecargobike.com website, in advertisements, offers, quotations, publications, order confirmations, invoices and other documents from Babboe, do not bind Babboe.
- Quotations and offers, including brochures and the Website, are without obligation and only serve as an invitation to place an order.
4 The agreement
- The agreement is concluded, subject to the provisions of paragraph 4, at the time the Customer accepts the Offer and complies with the conditions of the Offer set by Babboe.
- If the Customer has accepted the offer electronically, Babboe shall immediately and electronically confirm receipt of the acceptance of the Offer. As long as the receipt of said acceptance has not been confirmed by Babboe, the Customer can rescind the agreement.
- If the agreement is concluded electronically, Babboe will take appropriate technical and organisational measures to securely transfer data electronically and to ensure a secure web environment. If the Customer can pay electronically, Babboe shall observe the appropriate security measures.
- Babboe may, within the framework of the law, gather information related to the Customer’s ability to fulfil his/her payment obligations, and all facts and factors relevant to responsibly concluding the Distance Agreement. If, acting on the results of this investigation, Babboe has sound reason not to conclude the agreement, Babboe is lawfully entitled to refuse an order or request, or to attach special terms to the implementation.
5 The price
- The prices of the offered products and/or services shall not increase during the period of validity indicated in the Offer, except for price changes resulting from changes in VAT rates.
- Contrary to the provisions stated in the previous paragraph, Babboe may offer products or services whose prices are subject to the fluctuations in the financial market that are beyond Babboe’s control, at variable prices. The Offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
- Price increases after the conclusion of the agreement are only permitted if the Customer has the option to terminate the agreement effective on the day the price increase takes effect.
6 Delivery, execution and amendment of the agreement; price increase
- The place of delivery is the address the Customer has given to Babboe.
- Babboe shall deliver the accepted orders on a specified date and shall keep the Customer informed about the delivery period and the actual moment of delivery. If the delivery is seriously or unreasonably delayed after Babboe has informed the Customer about the moment of delivery, or if it seems that an order cannot be filled or can only be filled partially, the Customer shall be informed about this no later than 30 days after placing the order. In that case, the Customer has the right to terminate the agreement.
- In case of termination in accordance with the preceding paragraph, Babboe shall (if applicable) return the amount paid by the customer as soon as possible, but not later than 14 days after termination of the agreement.
- If delivery of an ordered product proves to be impossible, Babboe will make every effort to provide a replacement item. At the latest at time of delivery and in a clear and comprehensible manner, the Customer will be informed that a replacement item will be delivered. In case of replacement items, the right of withdrawal is not excluded. Costs of possible return shipments shall be borne by Babboe.
- The day and time of delivery depend on the delivery schedule of the carrier. It is not possible to change a set appointment. In principle, items are not delivered on Saturday or Sunday, during evening hours or on public holidays.
- Delivery takes place at the Customer’s door. The carrier’s employee is not permitted to enter the Customer’s residence, shed or other immovable property belonging to the residence.
- The risk of damage and/or loss of products rests with Babboe until the moment of delivery to the Customer or a pre-designated representative made known to Babboe, unless expressly agreed otherwise.
- Babboe has the right to have certain activities - such as for example, but not limited to - the execution of warranty work, transport and assembly of items, carried out by a third party.
- If, during the execution of the agreement, it appears that for a proper execution of the agreement it is necessary to modify or supplement it, then the parties will proceed to amend the agreement in a timely manner and in mutual consultation. If the nature, scope or content of the agreement is amended, whether at the request of or indication by the Customer, competent authorities etc., and the agreement is therefore changed qualitatively and/or quantitatively, it could have consequences for what was originally agreed upon. As a result, the originally agreed amount may be increased or decreased. Babboe shall provide a price quotation for this as far in advance as possible. An amendment of the agreement may result in the amendment of the specified term of execution. The Customer accepts the possibility of an amendment to the agreement, including the change in price and period of execution.
- Unless otherwise provided in the agreement or additional terms and conditions, the outstanding amounts must be settled by the Customer within 14 days of concluding the agreement.
- It is the Customer’s duty to immediately inform Babboe of inaccuracies in the supplied or specified payment information.
- If the Customer does not fulfil his/her payment obligation(s) in a timely manner, after being notified by Babboe that the payment is late and after the Customer is given a 14-day period to fulfil his/her payment obligation, following the failure to pay the amount due within this 14-day period, the Customer must pay the statutory interest on the amount due and Babboe is entitled to charge the Customer with any extra-judicial collection costs. These collection costs amount to no more than: 15% for outstanding amounts up to EUR 2,500.00; 10% for the following EUR 2,500.00; and 5% for the following EUR 5,000.00, with a minimum of EUR 40.00. Babboe may deviate from the indicated amounts and percentages to the benefit of the Customer.
8 Right of Withdrawal
- The Customer has the possibility to terminate the Distance Agreement related to the purchase of a product during a 14-day cooling-off period, without stating reasons. Babboe may ask the Customer about the reason for withdrawal but cannot force the Customer to state his/her reason(s). The cooling-off period starts on the day after the Customer, or a third party designated by the Customer in advance, and who is not the carrier, has received the product
- The risk and the burden of proof for the proper and timely exercise of the right of withdrawal lies with the Customer.
9 Customer obligations during the cooling-off period
- During the cooling-off period as stated in article 8.1, the Customer shall handle the product and packaging with care. The Customer shall only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The guiding principle is that the Customer may only handle and inspect the product as he/she would be allowed to handle or inspect the product in a shop.
- The Customer is only liable for the decrease in value of the product that is caused by the way of handling the product which goes beyond what is allowed in paragraph 1.
10 Exercising the Customer’s right of withdrawal and associated costs
- If the Customer exercises his/her right of withdrawal, he/she shall notify Babboe within the cooling-off period, by means of a standard form for withdrawal (attached as Annex 1) or in another unequivocal manner.
- As soon as possible, but no later than within 14 days from the day following the notification referred to in paragraph 1, the Customer shall send - in accordance with the reasonable and clear instructions by Babboe - the product and all delivered accessories - if reasonably possible - in their original condition and packaging back to Babboe, or hand it over to the Babboe dealer where the delivery of the product took place.
- If the Customer exercises his/her right of withdrawal, he/she shall only bear the costs of returning the product.
- If the Customer has paid an amount to Babboe, Babboe shall reimburse this amount as soon as possible, but no later than 14 days after receiving the cancellation notice.
11 Exclusion of the right of withdrawal
The right to cancel does not apply to the following kind of contracts:
- Contracts for the supply of goods that are made to the consumer’s specifications or are clearly personalised.
- Contracts for the supply of goods which are liable to deteriorate or expire rapidly.
- Contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery.
- Contracts for the supply of goods which are, after delivery, according to their nature, inseparably mixed with other items.
12 Conformity and warranty
- Babboe guarantees that the products comply with the agreement, the specifications listed in the offer, the reasonable requirements of soundness and/or usability and the legal provision and/or government regulations in place on the date of conclusion of the agreement.
- The Warranty Terms and Conditions listed on the Website apply to the products and agreements, including the Distance Agreement.
- The warranty period begins on the moment of delivery to the Customer.
- Warranty claims must be submitted with Babboe - with the product being submitted for inspection. The original sales receipt and the original warranty certificate provided with the product must be submitted simultaneously to Babboe.
13 Intellectual property
- Babboe reserves the rights and authorities to which it is entitled under the Copyright Act and other intellectual laws and regulations. Babboe has the right to use the increased knowledge acquired through the execution of an agreement for other purposes as well, provided that strictly confidential information of the Customer is not shared with third parties.
14 Data and files, privacy
- These general terms and conditions apply to the website(s) operated by Babboe and to all products and services offered and delivered by Babboe to Customers via internet.
- Babboe treats the Customer’s data with confidentiality. Data is not made available to third parties, unless Babboe is legally obliged to do so, or if it is required for delivery of the product or the service. To the extent that the information provided by the Customer is considered personal data, Babboe observes all relevant privacy laws and regulations while processing this information. The privacy statement on Babboe’s website explains which personal data Babboe uses for which purposes, and how privacy laws and regulations are dealt with.
15 Applicable law and disputes
- All legal relationships in which Babboe is a party are governed solely by Dutch law, even if the agreement is executed entirely or partially abroad or if the party involved in the legal relationship resides abroad. The applicability of the Vienna Sales Convention is excluded. Parties will only go before the courts after they have done their utmost to resolve the dispute in mutual consultation.
16 Location and amendments to the terms and conditions
- These terms and conditions can be found on and downloaded from the website www.babboecargobike.com. The Customer has declared to have read these terms and conditions and has confirmed to agree to these terms and conditions, before the agreement can be concluded. These General Terms and Conditions by Babboe have been drawn up in April 2018. The most recent version of the terms and conditions shall always apply, as listed on the www.babboecargobike.com website.
- The Dutch version of the general terms and conditions always determines its explanation.