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General conditions
Table of contents
Effective from November 1, 2018
General Terms and Conditions of Womboo
Article 1 – Definitions.
Article 2 – Womboo Identity
Article 3 – Applicability.
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Your obligations during the cooling-off period
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of Womboo upon revocation
Article 10 – The price
Article 11 – Performance and additional warranty
Article 12 – Delivery and execution
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Safety instruction & Liability for misuse
Article 17 – Additional or different provisions
Article 18 – Intellectual Property Womboo
Article 19 – Personal data customer
Article 20 – Links to third parties (websites).
Annex I – Mandatory instructions for use.
Article 1 – Definitions.
In these terms and conditions, the following definitions shall apply:
1. Ancillary contract: a contract whereby the consumer receives products, in connection with a distance contract and these items, digital content and/or services are delivered by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can exercise his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Contract for an indefinite period of time: an agreement for the regular delivery of goods, during a specified period of time;
7. Durable medium: any device – including e-mail – that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time appropriate to the purpose for which the information is intended, and that allows unaltered reproduction of the stored information;
8. Right of withdrawal: the consumer’s option to waive the distance contract within the withdrawal period;
9. Entrepreneur: the natural or legal person who offers products, at a distance to consumers;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, where up to and including the conclusion of the agreement exclusive or joint use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I need not be made available if the consumer does not have a right of withdrawal with respect to his order;
12. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to be together in the same room at the same time.
Article 2 – Womboo identity
Womboo v.o.f.
Coenecoop 3 C4
2741 PG WADDINXVEEN
Email address: info@womboo.nl
Chamber of Commerce number: 70491372
BTW-identificatienummer: 858341499B01
info@womboo.nl
www.womboo.nl
Article 3 – Applicability.
1. These Terms and Conditions apply to any offer made by Womboo and any distance contract concluded between Womboo and you.
2. These terms and conditions have been made available to you at www.womboo.nl prior to the conclusion of the distance contract. If this is not reasonably possible, prior to the conclusion of the distance contract, we will indicate the way in which the general terms and conditions can be viewed. If you wish, we will send the terms and conditions free of charge.
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 you electronically in such a way that it can be easily stored by you on a durable data carrier. If this is not reasonably possible, before the remote agreement is concluded, it will be indicated where the general terms and conditions can be inspected electronically and that they will be sent to you electronically or otherwise free of charge at your request.
4. Where specific product or service conditions apply in addition to our general terms and conditions, paragraphs 2 and 3 are also valid for this. When conflicting terms and conditions apply, you may rely on the provision most favorable to you
Article 4 – The offer
Before you conclude the sale, we will provide you with information that allows you to properly evaluate the offer, for example by providing a description and pictures of the product that correspond to reality. You will also receive clear information about your rights and obligations, such as:
– the total price to be paid, including, for example, delivery costs;
– The manner in which the agreement is reached;
– Whether or not the right of withdrawal applies; the method of payment, delivery or performance of the contract; the period that the price or the possibility of accepting the offer applies;
– the fees you have to pay if you want to contact us, when it is different from the basic rate;
– How to become aware of acts you do not want before the conclusion of the contract, as well as how to rectify them before the contract is concluded;
– How you can access the data we have stored about you in accordance with the AVG;
Article 5 – The Agreement
1. If you have accepted the offer electronically, Womboo will confirm receipt of acceptance of the offer electronically without delay. Until receipt of this acceptance is confirmed by Womboo, you may rescind the agreement.
2. If the agreement is established electronically, by an order through our website. We will secure exchanged data to the best of our ability, as well as the online environment and digitally provided payment information.
3. Womboo can inform itself within legal frameworks – whether you can meet the payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract.
4. If, on the basis of this investigation, Womboo has good grounds not to enter into the agreement, Womboo is entitled to refuse an order or application with reasons or to attach special conditions to the execution.
5. Womboo will include the following information, in writing or digitally, no later than when the product is delivered to you:
6. Safety instructions (please note that failure to follow or fully follow the safety instruction will void any liability of Womboo)
7. The conditions under which and the way in which you can use the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
9. The information about warranties and existing service after purchase;
10. The price including all taxes of the product, service or digital content; where applicable, the cost of delivery; and the method of payment, delivery or performance of the distance contract;
11. In the case of a duration transaction, the provision of the previous paragraph applies only to the first delivery.
Article 6 – Right of withdrawal (returns).
For products:
1. You can dissolve an agreement relating to the purchase of a product during a 14-day cooling-off period without giving reasons. Within 14 days, the return must be notified via www.womboo.nl. After that, you have 30 days to return the package according to the set instructions found on our website. Womboo may ask you about the reason for revocation, but may not require you to provide its reason(s).
2. The cooling-off period referred to in paragraph 1 starts on the day after you, or someone else who is not the carrier, received the product, or: if you ordered several products in the same order: the day on which you, or a third party designated by you, received the last product. .
3. During the reflection period, you may rescind the agreement.
4. If you exercise your right of withdrawal, you always pay the cost of return shipment. It is never possible to return a C.O.D. shipment.
5. If you have ordered a 2-pack and return a product the discount on the product you keep will be forfeited. We will then refund to you the purchase price minus the price for a single product without discount, which is valid at the time of purchase in the shop.
6. We will refund any other charges you have already paid as soon as possible, but at the latest within 14 days counted from the day we receive your revocation.
7. If we do not pick up the product ourselves, we may wait to refund until we receive the product.
Article 7 – Your obligations during the cooling-off period
1. During the reflection period, you must handle the product and its packaging with care. This means that you will only unpack or use the product to the extent necessary to determine the nature, characteristics and operation of the product. The premise here is that you may only handle and inspect the product as you would be permitted to do in a retail store.
2. You are only liable for depreciation of the product that results from handling the product beyond that permitted in paragraph 1.
3. You are not liable for diminished value of the product if Womboo did not provide you with all legally required information on the right of withdrawal before or at the conclusion of the contract.
Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof
1. If you exercise your right of withdrawal, notify Womboo within the withdrawal period using the model withdrawal form or other unambiguous means.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, return the product, or hand it over to (an authorized representative of) Womboo. This is not required if Womboo has offered to pick up the product itself. You have met the return period in any case if you return the product before the cooling-off period has expired.
3. You return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by Womboo.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with you.
5. You bear the direct cost of returning the product.
6. If you exercise your right of withdrawal, all ancillary contracts will be dissolved by operation of law.
Article 9 – Obligations of Womboo upon revocation
1. If Womboo enables the notification of revocation by you by electronic means, Womboo will send a confirmation of receipt promptly upon receipt of such notification.
2. Womboo will refund all payments made by the consumer, including any delivery costs, within 14 days from the day of receipt of withdrawal.
3. Womboo will use the same means of payment you used for reimbursement, unless you agree to another method after consultation. The refund is free of charge to the consumer.
Article 10 – The price
1. 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 due to changes in VAT rates.
2. Notwithstanding the previous paragraph, Womboo may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no control, with variable prices. This bond to fluctuations and the fact that any prices quoted are target prices are stated with the offer.
3. Price increases within 3 months of the conclusion of the agreement are only allowed if they result from legal regulations or provisions.
4. Price increases from 3 months after the conclusion of the agreement are only allowed if Womboo has stipulated it and:
these result from legal regulations or provisions;
5. the consumer has the authority to terminate the agreement as of the day on which the price increase takes effect.
6. The prices mentioned in the offer of products include VAT.
Article 11 – Compliance with the agreement and additional warranty
1. Womboo warrants that when the products are delivered they comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of conclusion of the agreement. Womboo never guarantees that the product is suitable for other than normal use.
2. An additional warranty provided by Womboo, its supplier, manufacturer or importer shall never limit the legal rights and claims that you may have against Womboo under the agreement, if Womboo has failed to perform our part of the agreement.
3. Additional warranty means any undertaking by Womboo, its supplier, importer or manufacturer in which it grants you certain rights or claims beyond what it is legally obliged to do in the event that Womboo has failed to perform our part of the agreement.
Article 12 – Safety Instruction & Expiration of Liability for Misuse
You are obliged to carefully read and follow the instructions for use at all times after purchasing the product. You can find these on our website in digital form.
Womboo’s liability for any damages, if you do not follow these instructions, attached as Appendix 1, in full.
Article 13 – Delivery and execution
1. Womboo will take the utmost care in receiving and executing orders for products and in assessing requests for the provision of services.
2. The place of delivery is the address you have made known to us.
3. Womboo will fulfill accepted orders expeditiously, at the latest within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified no later than 30 days after the order was placed. In this case, the consumer has the right to dissolve the contract without cost.
4. After dissolution in accordance with the previous paragraph, Womboo will promptly refund the amount you paid.
5. The risk of damage and/or loss of products rests with Womboo until the moment of delivery to the consumer or a representative designated in advance and made known to Womboo, unless expressly agreed otherwise.
Article 14 – Payment
1. Unless otherwise provided in the agreement or additional terms and conditions, the amounts owed by you must be paid within 14 days of the conclusion of the agreement.
2. Womboo will ensure that you can never be obliged to pay more than 50% in advance. Where advance payment has been stipulated, you may not assert any rights regarding the execution of the relevant order or service(s) until the stipulated advance payment has been made.
3. You have a duty to promptly report inaccuracies in payment information provided or stated to Womboo.
4. If you fail to timely fulfill your payment obligation(s), after you have been notified by Womboo of the late payment and Womboo has granted you a period of 14 days to still fulfill your payment obligations, after the failure to make payment within this 14-day period, statutory interest shall accrue on the amount still due and Womboo shall be entitled to charge you the extrajudicial collection costs incurred by us. These collection costs shall not exceed: 15% on outstanding amounts up to € 2,500; 10% on the following € 2,500 and 5% on the following € 5,000 with a minimum of € 40.
Article 15 – Complaints procedure
1. Womboo shall have a sufficiently publicized complaint procedure and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the agreement must be submitted to Womboo within a reasonable time after you have found the defects, fully and clearly described.
3. Submitted complaints will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, Womboo will respond within the 14-day period with a notice of receipt and an indication of when you can expect a more detailed response.
4. You must give Womboo at least 30 working days to resolve the complaint by mutual agreement. After this deadline, a dispute that is amenable to dispute resolution arises.
Article 16 – Dutch law
Agreements governed by these general terms and conditions shall be governed exclusively by Dutch law.
Article 17 – Additional or different provisions
Additional provisions or provisions deviating from these general 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 data carrier.
Article 18 – Intellectual Property Womboo
As a consumer, you expressly acknowledge that all intellectual property rights of the displayed information, photos, videos, communications or other expressions relating to the products and/or relating to the Internet site lie at all times with Womboo.
Article 19 – Personal data customer
Womboo processes your data only in accordance with our privacy policy. In doing so, we observe the applicable regulations (AVG).
You can always email us to ask what data about you is being processed. You can also request improvements, additions or other corrections from us by e- mail, which we will process as soon as possible. If you no longer wish to receive information please let us know. Information will be sent only if you have provided your e-mail address for this purpose.
Article 20 – Links to third parties (websites).
Our website may contain third-party advertisements or links to other sites. We have no influence on the privacy policies of these third parties or their sites and bear no responsibility for them.
Appendix 1 – Mandatory instructions for use.
FAILURE TO FOLLOW THESE INSTRUCTIONS CAN HAVE SERIOUS CONSEQUENCES FOR YOU AND YOUR BABY. PLEASE READ AND FOLLOW THESE INSTRCUTIONS CAREFULLY BEFORE USING THE WOMBOO WEAR SHIRT.
Always ensure that the baby is safely positioned in the Womboo sling in accordance with the manufacturer’s instructions. No modifications of any kind are allowed to the Womboo wear shirt. This can cause it to no longer meet legal safety requirements. Neither Womboo v.o.f. nor its suppliers and retailers are responsible for damage caused by improper use, failure to follow instructions or by making any modification to the Womboo wear shirt whatsoever. Read and follow the instructions for use and watch the instructional video at www.womboo.nl
USE – Always take great care that the baby cannot fall out of the pouch. The shirt and pouch are designed for normal use by an adult with baby while walking or sitting. Be careful when leaning, stooping or bending over, this can cause the baby to fall out of the pouch. Always support the baby with at least one hand while walking. Bend your knees instead of bending forward, this keeps the baby safely upright in the pouch. Do not lie down with the baby in the pouch. We advise people with back problems, balance disorder and/or disability not to use the Womboo carry shirt with a baby in the pouch. Move quietly and gently when the baby is in the pouch. Do not use during intense exercise/sports, cooking, cycling or near heat sources and/or chemicals.
AGE AND WEIGHT – The pouch of the Womboo sling is tested and certified for babies from 3kg to 9kg.
HOLDING – Make sure baby is comfortable in the M position (frog position) in the pouch. In this, the back is rounded and the knees are raised and higher than the buttocks. Make sure the head is always neatly upright, facing the mother’s breast and has enough support.
BREASTfeeding – Before breastfeeding, the baby should be removed from the pouch.
FULL Oxygen – Make sure the baby always gets enough oxygen! Make sure the baby is in the pouch no further than the shoulders and not too tight with the head pressed against the chest. a free supply of oxygen must be possible.
TRANSPORTATION – The Womboo carry shirt is not a substitute for a car or bicycle seat. Never place baby in the pouch when in a car (driver or passenger) or on a bicycle.
CONTROL – Regularly check the baby in the pouch, making sure the face is not covered and there is enough oxygen available.
QUALITY – Always check the quality of the Womboo wear shirt, check for any loose threads, stitching, holes/tears, etc. If found, do not use the product and contact the Womboo.
(HEAD) SUPPORT – Always use the head support flap for support for babies who are not yet strong enough to hold their head upright on their own. Make sure this is not too tight! In addition, we recommend always offering support to the baby when placed in the pouch. Do this with at least one hand.
TEMPERATURE – Always keep a close eye on baby’s temperature. The baby should not be too hot. Also consider the clothes the baby himself is wearing.
CARE WOMBOO – Check the washing label on the inside of the shirt for clear washing instructions. Wash at max 40 degrees with equal colors, do not tumble dry and do not use an iron.
ONE BABY IN THE BUIDEL – The pouch of the Womboo carrier shirt is designed for carrying only one baby at a time. Never place a second baby in the pouch.
POSITIONING THE BABY – Pull open the pouch with one hand and lower the baby into the pouch, legs first. Make sure the legs go into the M position (frog position). The legs are slightly spread, the thighs supported and the knees raised to just above the hip joint. Make sure the baby does not stand when in the pouch. Baby should always sit facing your breast, never the other way around. The baby should be firm but not too tight in the pouch and have enough room to move. Also make sure there is enough room for the head to move and a free oxygen supply!