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Terms & Conditions Baby Moise B.V.

Baby Moise B.V. (hierna: "Baby Moise") is ingeschreven bij de Kamer van Koophandel onder nummer 97693936 en is gevestigd aan de Textielweg 19, 3812 RV te Amersfoort, Nederland.

Customer service can be reached at support@moisecare.nl and via the contact form at www.moise.care

1. Definitions

In these terms and conditions the following definitions apply:
  • Offer: any offer by Baby Moise B.V. to enter into an Agreement, including offers made via the website.
  • Subscription: the Agreement whereby the Buyer commits to periodically purchasing and paying for Products over a specified period under the applicable subscription terms.
  • Baby Moise: the private limited company Baby Moise B.V., established in Amersfoort and registered with the Chamber of Commerce under number 97693936.
  • Business: the natural or legal person acting in the exercise of a profession or business.
  • Consumer: the natural person who is not acting in the exercise of a profession or business.
  • Gift box: a separately composed Product that can be purchased as a single order and does not form part of a Subscription, unless expressly agreed otherwise.
  • Buyer: the Consumer or the Business that enters into an Agreement with Baby Moise.
  • Single Order: a one-time purchase of one or more Products without there being a Subscription.
  • Agreement: any agreement between Baby Moise and the Buyer regarding the sale and delivery of Products, including a Subscription and/or a Single Order.
  • Pause: the temporary suspension of a Subscription for a period of no more than eight (8) weeks in accordance with Article 7 of these terms and conditions.
  • Products: all baby and care products offered by Baby Moise, including products for head and hair care, diapers, baby wipes, gift boxes and other related items.
  • Website: the website(s) operated by Baby Moise, including www.moise.care, through which Products are offered and Agreements can be concluded.

2. Applicability

  • These terms and conditions apply to every Offer by Baby Moise and to every Agreement between Baby Moise and the Buyer, as well as to all legal relationships arising therefrom.
  • These terms and conditions apply to Agreements with both a Consumer (B2C) and a Business (B2B), unless expressly stipulated otherwise.
  • Before an Agreement is concluded (at a distance), the text of these terms and conditions is made available to the Buyer. If this is not reasonably possible, Baby Moise will indicate how the terms and conditions can be viewed; they are in any case available via the Website, so that the Buyer can easily save them on a durable medium.
  • Deviations from these terms and conditions are only valid if expressly confirmed in writing by Baby Moise.
  • The applicability of any general (purchasing) terms and conditions of the Buyer is expressly rejected.
  • If one or more provisions of these terms and conditions are null and void or are annulled, the remaining provisions remain fully in force. In that case the parties will consult to agree on a replacement provision that aligns as closely as possible with the purpose and intent of the original provision.
  • In cases not provided for by these terms and conditions, the situation will be assessed in the spirit of these terms and conditions and according to standards of reasonableness and fairness.

3. The Offer

  • All offers made by Baby Moise are without obligation, unless expressly stated otherwise in writing.
  • The Offer contains as accurate a description as possible of the Products offered. Obvious mistakes or errors in the Offer do not bind Baby Moise.
  • Images, descriptions, specifications and other data in the Offer are indicative and cannot form grounds for compensation or rescission of the Agreement.
  • Baby Moise is entitled to amend or withdraw the Offer as long as no Agreement has yet been concluded.
  • Offers and promotions apply only for the stated duration and while stocks last.
  • Discounts and promotions cannot be combined, unless expressly stated otherwise.

4. Conclusion of the Agreement

  • The Agreement is concluded at the moment the Buyer has accepted Baby Moise's Offer by placing an order and making the payment due for it.
  • Baby Moise confirms the conclusion of the Agreement in writing, or at least by e-mail. This confirmation serves as proof of the Agreement.
  • If the Buyer's acceptance of the Offer deviates from the Offer, Baby Moise is not bound by it.
  • Baby Moise is not bound by an Offer if the Buyer should reasonably have understood that the Offer contains an obvious mistake or clerical error.
  • Baby Moise reserves the right to refuse an order without stating reasons or to impose additional conditions on the performance of the Agreement.

5. Products

  • Baby Moise offers baby and care products via its Website, including products for head and hair care, diapers, baby wipes, gift boxes and other related items.
  • Products can be purchased in the form of a Subscription or as a Single Order.
  • A Gift box or other separate Product does not form part of a Subscription, unless expressly agreed otherwise.
  • Baby Moise is entitled to change, supplement or limit the range of Products. This also applies to the composition of Products within a Subscription, provided that their nature and quality remain reasonably equivalent.
  • Products which, for reasons of hygiene, are not suitable for return and whose seal has been broken after delivery cannot be returned, except insofar as mandatory law provides otherwise.
  • The Buyer is responsible for carefully reading product information, instructions for use and any warnings relating to the Products.

6. Subscription

  • A Subscription is entered into for the fixed term agreed upon when concluding the Agreement.
  • The Subscription may be cancelled by the Buyer. Cancellation must take place via the designated account on the Website or in writing by e-mail.
  • Early termination of a Subscription does not give rise to any right to a refund of subscription fees already paid.
  • Payment of the Subscription is made periodically in advance by direct debit. By entering into the Subscription, the Buyer grants Baby Moise a continuous authorization to collect the subscription fees due.
  • If a direct debit is reversed or fails for any other reason, the Buyer is obliged to pay the amount due without delay. In that case Baby Moise is entitled to suspend the delivery of Products until payment has been made in full.
  • Baby Moise is entitled to change the subscription prices. Price changes are communicated to the Buyer at least one (1) month before the effective date. If a price increase takes place within the agreed term, the Consumer has the right to terminate the Subscription free of charge as of the date the price change takes effect.
  • Baby Moise is entitled to adjust the frequency, content or composition of the Subscription, provided that their nature and quality remain reasonably equivalent.

7. Pausing the Subscription

  • The Buyer has the option to temporarily pause the Subscription for a maximum continuous period of eight (8) weeks.
  • A pause can only be requested via the designated account on the Website or in writing by e-mail, in compliance with the instructions and deadlines applied by Baby Moise.
  • During the period of the pause, no Products are delivered and no subscription fees are collected.
  • After the end of the pause, the Subscription is automatically reactivated by operation of law, without any further notice to the Buyer being required.
  • Pausing the Subscription does not lead to an extension of the agreed term, unless expressly agreed otherwise.
  • If the Buyer wishes to pause the Subscription for longer than the maximum period referred to in paragraph 1, this is regarded as a cancellation, unless Baby Moise has confirmed otherwise in writing.

8. Right of withdrawal (Consumer)

  • A Consumer has the right to rescind an Agreement relating to a Single Order within fourteen (14) days of receiving the Product, without stating reasons.
  • If the Consumer wishes to exercise the right of withdrawal, they must notify Baby Moise within the period referred to in paragraph 1, in writing or via the designated form on the Website.
  • During the cooling-off period the Consumer will handle the Product and its packaging with care. The Consumer will only unpack or use the Product to the extent necessary to assess the nature, characteristics and functioning of the Product.
  • The Consumer is liable for any decrease in value of the Product resulting from handling the Product beyond what is permitted in paragraph 3.
  • Products which, for reasons of hygiene, are not suitable for return and whose seal has been broken after delivery are excluded from the right of withdrawal, to the extent permitted by law.
  • The direct costs of returning the Product are borne by the Consumer.
  • Baby Moise will refund the amount paid by the Consumer, including any standard delivery costs, as soon as possible but no later than within fourteen (14) days of receiving the withdrawal declaration, provided that the returned Product has been received in good order or the Consumer has demonstrated that the Product has been returned.
  • Insofar as a Subscription is concerned, the right of withdrawal applies only to the first delivery within the Subscription, unless mandatory law provides otherwise.

9. Returns and Refunds

  • After notifying the return, the consumer has 14 days to send the product back
  • Returning Products takes place only after prior notification in accordance with Article 8 and in line with the return instructions provided by Baby Moise.
  • The Product to be returned must, insofar as reasonably possible, be returned in its original condition and packaging.
  • Baby Moise is entitled to check the condition of the returned Product before proceeding with a refund.
  • If the returned Product is damaged, incomplete or shows signs of use beyond what is necessary to assess its nature, characteristics and functioning, Baby Moise is entitled to charge for the decrease in value.
  • Refunds are made via the same means of payment used for the original transaction, unless expressly agreed otherwise.
  • For Agreements concluded with a Business, there is no right of return or rescission, unless agreed otherwise in writing.
  • If a return is made wrongfully or does not meet the stipulated conditions, Baby Moise is entitled to return the Product at the Buyer's expense and risk or to charge storage costs.

10. Delivery

  • Delivery of Products takes place at the delivery address specified by the Buyer.
  • Delivery periods stated by Baby Moise are indicative and do not constitute strict deadlines.
  • Exceeding a delivery period does not entitle the Buyer to rescind the Agreement or to compensation, unless expressly agreed otherwise.
  • Baby Moise is entitled to deliver Products in parts.
  • If the Buyer is unable to take receipt of the Products upon delivery, this is at the Buyer's expense and risk. Any additional costs as a result of a failed delivery attempt may be charged to the Buyer.
  • Baby Moise is not liable for delays in delivery resulting from circumstances beyond its control, including delays at carriers.

11. Prices and Discounts

  • All prices for Products and Subscriptions are stated in euros and include value added tax (VAT), unless expressly stated otherwise.
  • Baby Moise is entitled to change the prices of Products and Subscriptions. Price changes have no effect on Agreements already concluded, except as provided in Article 6.
  • Obvious errors or mistakes in price statements do not bind Baby Moise.
  • Promotions, offers and discounts apply only for the stated duration and while stocks last.
  • Discounts and offers cannot be combined, unless expressly stated otherwise.
  • If Baby Moise uses discount codes or promotional campaigns, additional conditions may be attached to them.

12. Payment and Collection Policy

  • Payment for Products and Subscriptions is made in advance via the payment methods offered on the Website.
  • Payment of subscription fees is made by direct debit. By entering into a Subscription, the Buyer grants Baby Moise a continuous authorization to collect the amounts due.
  • If a direct debit is reversed or cannot be carried out for any reason, the Buyer is obliged to pay the amount due without delay.
  • In the event of non-payment, Baby Moise is entitled to suspend the delivery of Products and/or to temporarily block the Subscription until payment has been made in full.
  • In the event of late payment, the Buyer is in default by operation of law. For Consumers, a written reminder is first sent with a payment term of fourteen (14) days before collection costs become due.
  • From the moment the Buyer is in default, statutory interest is due. If the Buyer acts in the exercise of a profession or business, statutory commercial interest is due.
  • All reasonable extrajudicial and judicial costs incurred to obtain payment out of court are borne by the Buyer, in accordance with Article 6:96 of the Dutch Civil Code and the Decree on compensation for extrajudicial collection costs.
  • Baby Moise is entitled to apply payments first to costs, then to interest due and thereafter to the principal sum.

13. Retention of Title

  • All Products delivered by Baby Moise remain the property of Baby Moise until the Buyer has fully met all obligations under the Agreement(s) concluded with Baby Moise, including payment of the purchase price, interest and any costs.
  • As long as ownership of the Products has not passed to the Buyer, the Buyer is not permitted to pledge, encumber or otherwise transfer the Products to third parties, except insofar as this takes place within the normal course of business of the Buyer acting as a Business.
  • If third parties seize the Products delivered under retention of title or wish to establish or assert rights to them, the Buyer is obliged to notify Baby Moise thereof in writing without delay.
  • Baby Moise is entitled to take back the Products delivered under retention of title if the Buyer fails to meet its payment obligations. The Buyer hereby grants Baby Moise unconditional permission, now for then, to enter the place where the Products are located.
  • The costs associated with taking back the Products are borne by the Buyer.

14. Suspension and rescission

  • Baby Moise is entitled to suspend the performance of its obligations or to rescind the Agreement in whole or in part if the Buyer fails to meet its obligations under the Agreement, or fails to do so on time or in full.
  • Baby Moise is further entitled to rescind the Agreement without further notice of default if the Buyer is in a state of bankruptcy, has applied for or been granted a suspension of payments, has been placed under administration, ceases its business, or if its assets (or part thereof) are seized.
  • If Baby Moise proceeds to suspension or rescission, it is in no way obliged to compensate the Buyer for any damage or costs.
  • If the Agreement is rescinded, all claims of Baby Moise against the Buyer become immediately due and payable.
  • Suspending or rescinding the Agreement does not affect Baby Moise's other rights, including the right to compensation.

15. Liability and statutory Warranty

  • Baby Moise is liable only for damage that is the direct and exclusive result of a shortcoming attributable to Baby Moise in the performance of the Agreement.
  • Baby Moise's liability is in all cases limited to the amount paid out by Baby Moise's insurer in the relevant case. If no payment is made, liability is limited to the amount invoiced by Baby Moise to the Buyer in respect of the relevant Agreement.
  • Baby Moise is never liable for indirect damage, consequential damage, lost profit, missed savings, business interruption, reputational damage or other forms of financial loss.
  • Baby Moise is not liable for damage arising from improper or careless use of the Products, failure to follow usage or safety instructions, or use of the Products for a purpose other than that for which they are intended.
  • For Agreements with a Business, any liability of Baby Moise, on whatever grounds, is further excluded, except insofar as the damage is the result of intent or deliberate recklessness on the part of Baby Moise.
  • For Consumers, the statutory provisions on conformity (statutory warranty) apply. This means that a Product must comply with what the Consumer may reasonably expect of it.
  • The limitations of liability set out in this article do not apply insofar as they conflict with mandatory law.
  • Any claim of a Business against Baby Moise lapses if it is not reported to Baby Moise in writing and with reasons within twelve (12) months after the Business became aware, or could reasonably have been aware, of the damage.

16. Force majeure

  • Baby Moise is not obliged to fulfil any obligation towards the Buyer if it is prevented from doing so as a result of a circumstance that is not due to its fault and is not for its account under the law, a legal act or generally accepted standards.
  • Force majeure includes, but is not limited to: disruptions in transport or delivery, shortcomings of suppliers, government measures, import or export restrictions, epidemics or pandemics, fire, water damage, natural disasters, war, cyberattacks, disruptions in internet or payment traffic, strikes and other situations that prevent normal business operations.
  • For the duration of the force majeure, the obligations of Baby Moise are suspended.
  • If the force majeure situation continues for longer than two (2) months, both parties are entitled to rescind the Agreement in writing without being obliged to compensate any damage.
  • Insofar as Baby Moise has already partly fulfilled its obligations at the time force majeure arises, or can still fulfil them, it is entitled to invoice the part already delivered separately, and the Buyer is obliged to pay this invoice.

17. Transfer of risk

  • The risk of loss or damage to the Products passes to the Consumer at the moment the Products have been delivered by or on behalf of Baby Moise at the specified delivery address and have been brought into the Consumer's control.
  • If the Consumer designates a carrier that has not been offered by Baby Moise, the risk passes at the moment the Products are handed over to that carrier.
  • For Agreements concluded with a Business, the risk of loss or damage to the Products passes at the moment the Products leave Baby Moise's warehouse or dispatch location.
  • The risk of loss or damage remains with the Buyer if delivery cannot take place due to a circumstance attributable to the Buyer.

18. Intellectual Property Rights

  • All intellectual property rights, including copyrights, trademark rights, design rights and database rights, relating to the Website, the Products, packaging, texts, images and other expressions of Baby Moise belong exclusively to Baby Moise or its licensors.
  • The Buyer is not permitted, without the prior written consent of Baby Moise, to reproduce, publish, modify or otherwise use any material to which Baby Moise's intellectual property rights apply, other than for personal and non-commercial use.
  • Businesses are not permitted to use the Products, packaging or expressions of Baby Moise for commercial purposes, promotion or resale, other than within the scope of an expressly agreed cooperation.
  • Any infringement of Baby Moise's intellectual property rights entitles it to take appropriate (legal) measures and to claim compensation.

19. Privacy and Data Processing

  • Baby Moise processes the personal data of the Buyer and visitors to the Website in compliance with the applicable laws and regulations on data protection, including the General Data Protection Regulation (GDPR).
  • Personal data is processed solely for purposes related to the performance of the Agreement, the delivery of Products, the management of Subscriptions, the processing of payments and compliance with legal obligations.
  • Baby Moise takes appropriate technical and organizational measures to secure personal data against loss, unauthorized access or unlawful processing.
  • For further information on the processing of personal data, reference is made to Baby Moise's privacy statement, as published on the Website.
  • If Baby Moise processes personal data on behalf of a Business in the performance of the Agreement, Baby Moise acts as the data controller, unless expressly agreed otherwise in writing.
  • Reviews – WebwinkelKeur. We collect reviews via the WebwinkelKeur platform. If you leave a review via WebwinkelKeur, you are required to provide your name and e-mail address. WebwinkelKeur shares this data with us so that we can link the review to your order. WebwinkelKeur also publishes your name on its own website. In some cases WebwinkelKeur may contact you to ask for clarification of your review. If we invite you to leave a review, we share your name and e-mail address with WebwinkelKeur. They use this data solely for the purpose of inviting you to leave a review. WebwinkelKeur has taken appropriate technical and organizational measures to protect your personal data. WebwinkelKeur reserves the right to engage third parties for the purpose of providing the service; we have given WebwinkelKeur permission for this. All of the safeguards mentioned above regarding the protection of your personal data also apply to the parts of the service for which WebwinkelKeur engages third parties.

20. Complaints

  • Complaints about the performance of the Agreement or about delivered Products must be reported by the Buyer to Baby Moise in writing as soon as possible.
  • For Businesses, a complaint period of fourteen (14) days after discovery of the defect applies.
  • For Consumers, a notification within a period of two (2) months after discovery of the defect is always considered timely.
  • The complaint must be submitted fully and clearly described, so that Baby Moise is able to assess the complaint adequately.
  • Baby Moise will respond substantively to the complaint as soon as possible, but no later than within fourteen (14) days of receipt.
  • Submitting a complaint does not suspend a Business's payment obligation.
  • In the event of complaints, a consumer must first turn to the trader. If the web shop is affiliated with WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer must turn to WebwinkelKeur www.webwinkelkeur.nl, which will mediate free of charge. Check whether this web shop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution is still not reached, the consumer has the option of having their complaint handled by the independent disputes committee appointed by WebwinkelKeur; its ruling is binding and both the trader and the consumer agree to this binding ruling. Submitting a dispute to this disputes committee involves costs that must be paid by the consumer to the relevant committee.

21. Applicable Law and Competent Court

  • All Agreements between Baby Moise and the Buyer are governed exclusively by Dutch law.
  • The applicability of the Vienna Sales Convention (CISG) is expressly excluded.
  • Disputes arising from or related to the Agreement will, insofar as mandatory law permits, be submitted to the competent court of the Midden-Nederland District Court, Amersfoort location.
  • For Consumers, after Baby Moise has invoked the jurisdiction of the court referred to in paragraph 3 in writing, they have one (1) month to choose to have the dispute settled by the court that is competent by law.