Terms and Conditions

Definitions

  1. Customer: the person with whom Babylatte has entered into a (purchase) agreement.
  2. Parties: Babylatte and its counterparty, such as the customer or the website visitor.
  3. Consumer: a customer who is also an individual and acts as a private person.
  4. Product: a product offered by Babylatte, under its own management, on the website and sales channels, namely:
  • The automatic baby milk machine; Babylatte® home
  • The portable bottle warmer; Babylatte® portable

Applicability of general terms and conditions

  1. These general terms and conditions apply to all offers, orders, agreements, and deliveries of products by Babylatte.
  2. These general terms and conditions also apply to the use of the Babylatte website.
  3. Parties can only deviate from these general terms and conditions if they have expressly and in writing agreed to do so.
  4. The customer, counterparty, or website visitor who does not agree with these general terms and conditions should not use the services or website of Babylatte.
  5. Babylatte explicitly excludes the applicability of additional and/or deviating general terms and conditions of the customer or third parties.
  6. These general terms and conditions are always available on the Babylatte website and can be downloaded.
  7. Before an agreement is concluded by Babylatte, these general terms and conditions are made known to the counterparty.
  8. By using the Babylatte website and placing an order, the customer accepts these general terms and conditions.

 Prices

  1. All prices used by Babylatte are in euros and include VAT (value-added tax, 21%), unless explicitly stated otherwise or agreed otherwise.
  2. All prices used by Babylatte are exclusive of shipping costs. The shipping costs are € 6.95 for shipments within the Netherlands, € 7.95 within Belgium, and € 9.95 for shipments within Germany. The shipping costs are  € 14.95 for the countries Austria, France, Italy, Poland, Portugal, Spain, and Monaco and € 16.95 for the countries Czech Republic, Denmark, Hungary, Luxembourg, and Slovakia. 
  3. For orders shipped to countries outside the European Union, Babylatte sells the products excluding taxes and duties. The taxes and other charges imposed by customs on the customer are the responsibility of the customer.
  4. For every order within the Netherlands and Belgium with a total value of € 200 or more, no shipping costs will be charged. For orders within Germany, no shipping costs are charged when spending € 250 or more.
  5. During the validity period stated in the offer, the prices of the offered products will not be increased for that customer, unless the increase is a result of legal regulations or other cost factors.
  6. The consumer has the right to cancel the agreement with Babylatte within 7 days after the notification of a price increase, which is not a result of a legal regulation.
  7. Babylatte has the right to adjust prices annually.
  8. Prior to the start of an annual price increase, Babylatte will notify the price adjustment in writing, observing a period of no more than 4 weeks.

Discount codes

  1. All prices used by Babylatte are fixed prices, unless explicitly stated otherwise or otherwise agreed.
  2. Personal or publicly accessible discount codes may be issued by Babylatte and/or partners with whom Babylatte cooperates.

The offer of a product

  1. An offer of a product is made in writing or electronically, unless urgent circumstances make this impossible.
  2. All product offers are invitations to the potential customer to make an offer to purchase that product.
  3. Babylatte can only be bound by the offer if this is explicitly and unambiguously indicated.
  4. The offer contains a complete and accurate description of the products offered by Babylatte. The description is sufficiently detailed to allow the customer to make a proper assessment of the offer.
  5. Images used by Babylatte are a truthful representation of the offered products. Obvious mistakes or errors in the offer do not bind Babylatte.
  6. If the offer has a limited validity period or is made under conditions, this will be explicitly stated.

Conclusion of the agreement

  1. When the website visitor places an order on the website, Babylatte sends a message that the order has been received. This email does not guarantee a purchase and is not proof of a (purchase) agreement.
  2. Babylatte has the right to reject the offered agreement before an order is processed. An agreement between Babylatte and the customer is only concluded when the payment for the customer's order is accepted by Babylatte, the prices have been verified, and the order is processed and can be prepared for shipment.
  3. The (purchase) agreement is concluded at the moment Babylatte sends the (whether or not automatically generated) second email containing the confirmation and acceptance of the purchase (order confirmation).
  4. The order confirmation sent by Babylatte is deemed to fully and accurately reflect the content of the agreement.
  5. The customer is deemed to have agreed with the content of the order confirmation, unless the customer has informed Babylatte in writing within 5 days of the date of the order confirmation that they cannot agree with (a part of) the content. That statement does not prevent the purchase agreement from having been concluded.
  6. Any additional agreements and/or commitments made and/or given by employees (or persons acting as representatives) of Babylatte bind Babylatte only if they have been confirmed by the authorized director of Babylatte. 

Customer account

  1. The customer can add one or more products to the digital shopping cart on the website. Those products remain saved until they are checked out or removed from the cart.
  2. The customer can choose to view the shopping cart or proceed to checkout immediately.
  3. At checkout, the customer can create a customer account so that orders are saved in that account.
  4. Creating a customer account requires an email address, a name, and a password.
  5. There is an option to add discount codes during the ordering process.
  6. After an order has been placed, both the customer and Babylatte receive an email with the order confirmation.
  7. The customer can find the order in the customer account, provided it has been created.
  8. It is possible to place an order without creating a customer account at Babylatte.

Payment

  1. Payments are made through the secure environment of the website.
  2. The customer can pay with a credit card (Visa, Maestro, MasterCard, American Express) or PayPal, iDeal, ApplePay, GooglePay, ShopPay. The customer can also choose to pay afterwards or in installments via Klarna. The terms for payment via Klarna can be found on Klarna's website.
  3. Offers are valid for a certain period and possibly under certain conditions, with the end date and any applicable conditions displayed on the website.

 Delivery

  1. Delivery takes place at the address provided by the customer when ordering.
  2. The customer is responsible for the accuracy, completeness, and reliability of the information provided to Babylatte.
  3. Orders placed on a working day before Orders placed and confirmed by 11:00 are still processed and shipped on the same working day and can be delivered on the same working day in the Netherlands.
  4. Orders placed on a working day before Orders placed and confirmed by 22:00 are also processed and shipped on the same working day and can be delivered the next working day and on Saturday in the Netherlands and Belgium.
  5. An order shipment is handled with track & trace by DHL. The customer must sign upon receipt.
  6. If the delivery is delayed, Babylatte will send the customer a notification by email within the agreed delivery period.
  7. If the product is no longer or only partially available, Babylatte will inform the customer as soon as possible and, if possible, offer the customer a replacement or alternative product.
  8. In the latter case, the customer has the right to cancel the agreement (in whole or in part) without costs, after which the purchase price (in whole or in part), including shipping costs, will be refunded to the customer within 14 days.
  9. The risk of damage and/or loss of the products rests with Babylatte until the moment of delivery, unless expressly agreed otherwise.

Right of withdrawal/returns

  1. The consumer has the right to cancel the agreement in writing and free of charge within 14 days from the moment of receipt of the product and to return the entire product, including the original packaging and in a reasonably original condition, within 14 days after notification of return. 
  2. The consumer must handle the product and packaging carefully during this withdrawal period. The product may only be unpacked or used to the extent necessary to determine the nature, characteristics, and functioning of the product (just like in a store). 
  3. If the product is damaged or the packaging is more damaged than necessary to try the product, Babylatte may pass this depreciation of the product on to the consumer. Therefore, the consumer is advised to handle the product with care and ensure that the product is well packaged when returning it. 
  4. For products where hygiene plays an important role, such as the Babylatte, additional conditions apply:
    - When the Babylatte demonstrably shows a defect within the statutory withdrawal period of 14 days, it may be returned or exchanged, even if it has been used and the hygiene seal is broken.
    - If the Babylatte has been tested with water and has not come into contact with baby powder, it can be returned.
    - When the hygiene seal is broken and the powder container is filled with baby powder, the product can no longer be returned. This is in line with legal exceptions to the right of withdrawal for hygiene products, as stated in Article 6:230p sub e of the Dutch Civil Code. This measure is necessary to ensure safety, given the use with newborns. 
  5. In cases where the product cannot be sold as new, Babylatte reserves the right to apply a depreciation. If desired, it can be determined in consultation whether the product can be offered as second-hand at an adjusted value. However, offering this option is not an obligation.
  6. The consumer exercising the right of withdrawal is requested, but not obliged, to inform Babylatte of the reason for the return shipment. 
  7. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer. 
  8. Within 4 days after receipt of the return, the amount the consumer paid for that order, excluding shipping costs, will be refunded to that consumer, possibly minus a depreciation as described above in points 3 and 4. The refund will be made in the same way as used for the consumer's payment. The costs for the return shipment to Babylatte are borne by the customer. 
  9. The discount code used in the order will be reactivated after the return is received, unless the validity date of the discount code has already expired. 
  10. In case of a return notification by a customer who chose payment via Klarna, Babylatte, after its approval, will deregister the payment obligation (in whole or for the relevant part) with Klarna. The transaction costs of Klarna, € 3.95 will be charged to the customer for a return shipment. 
  11. For returning orders to Babylatte, the customer can use the return environment on Babylatte's website. 


Exchange

  1. The customer has the right, within a period of 3 days from the moment of receipt of the product, to notify Babylatte that they wish to exchange the product, if possible, for another color. 
  2. In case of an exchange, the product's packaging must remain unopened and/or sealed for hygiene reasons. 
  3. The costs of the return shipment to Babylatte are borne by the customer.

Resale

  1. The products are intended for end users and not for resale.
  2. Babylatte reserves the right, for reasons important to Babylatte, to (partially) not deliver orders, for example to potential resellers or to set a maximum on the quantities of certain products that can be ordered.
  3. For orders that differ significantly in nature, size, or quantity of goods from what is generally customary among Babylatte's customers, Babylatte reserves the right to contact that customer and make further arrangements regarding the delivery of the order or to (partially) refuse the order.

Consequences of late payment

  1. If the customer does not pay within the agreed term, Babylatte is entitled to charge interest from the day the customer is in default, with a part of a month counted as a full month.
  2. The customer who is in default also owes extrajudicial collection costs and any compensation to Babylatte.
  3. Collection costs are calculated based on the Decree on compensation for extrajudicial collection costs.
  4. If the customer does not pay on time, Babylatte may suspend its obligations until the customer has fulfilled their payment obligation.
  5. In case of liquidation, bankruptcy, attachment, or suspension of payment on the part of the customer, Babylatte's claims on the customer become immediately due and payable.
  6. If the customer refuses to cooperate with the execution of the agreement by Babylatte, that customer is still obliged to pay the agreed price to Babylatte.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Set-off

Unless the customer is a consumer, the customer waives the right to offset a debt to Babylatte with a claim against Babylatte.

Warranty

  1. Babylatte guarantees that the products at least meet the agreement, the specifications stated in the offer, the reasonable requirements of durability and usability, and the legal provisions and government regulations existing on the date the agreement was concluded.
  2. The customer must inspect a product delivered by Babylatte as soon as possible for any defects. Visible defects and shortcomings in the product must be reported to Babylatte in writing within 3 days after delivery.
  3. If a delivered product does not meet what the customer could reasonably expect from the agreement, the customer must notify Babylatte as soon as possible, but in any case within 1 month after discovering the defects. Consumers must notify Babylatte no later than 2 months after discovering the defects.
  4. The customer provides as detailed a description as possible of the defect, so that Babylatte can respond adequately.
  5. If the product does not meet the warranty conditions, and the customer has reported this in time, Babylatte will replace or repair the product free of charge. For a product that cannot be replaced or repaired, compensation will be provided.
  6. Babylatte guarantees Babylatte® against all manufacturing and material defects, with correct use and regular maintenance.
  7. This warranty is for 6 months, for consumers, and starts from the date of purchase ("the warranty period"). This warranty is separate from any factory warranty.
  8. This warranty does not apply if the defect or malfunction is due to:
  • Incorrect use of Babylatte® or otherwise treatment contrary to the instructions of Babylatte® and/or the packaging and instructions for use.
  • Misuse of Babylatte® or otherwise careless handling or exposure to abnormal conditions.
  • Changes made to Babylatte® or if the consumer has repaired and/or modified the product themselves or has had it repaired and/or modified by third parties.
  • The defectiveness is wholly or partly the result of regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.
  1. In case of a defect or malfunction during the warranty period, Babylatte will, within a reasonable period after receipt of the return, replace or repair the Babylatte® free of charge (at Babylatte's discretion).
  2. When Babylatte® is defective or has a malfunction, contact must be made with Babylatte's customer service. Babylatte may request a copy of the proof of purchase.
  3. After consultation with customer service, the Babylatte® are sent to Babylatte at the specified contact address. The costs for returning are borne by Babylatte.

Indemnification
The customer indemnifies Babylatte against all claims from third parties related to the products delivered by Babylatte.

Complaints

  1. Babylatte requests the customer who has a complaint about the execution of the agreement to report it to Babylatte within a reasonable time.
  2. The customer must prove that the complaint relates to an agreement between the parties.
  3. Submitting a complaint can be done by contacting Babylatte via the contact form on the website or by email. Please mention the order number.
  4. The complaint submitted to Babylatte will be answered within 14 days from the day of receipt. If a complaint requires a foreseeably longer processing time, an indication will be given of when the customer can expect a more detailed response.
  5. The customer must in any case give Babylatte 4 weeks to resolve the complaint through mutual consultation.
  6. If this still does not satisfy you, as a customer you can file a complaint with Webwinkelkeur. For consumers in the European Union, it is also possible, via this link. to report complaints via the ODR platform of the European Commission, if the complaint has not yet been handled elsewhere.

Notice of default

  1. The customer must notify Babylatte of notices of default in writing.
  2. It is the customer's responsibility that a notice of default actually (timely) reaches Babylatte.

Joint liability customer

If Babylatte enters into an agreement with multiple customers, each of them is jointly and severally liable for the payment of the full amounts they owe Babylatte under that agreement.

 Liability Babylatte

  1. Babylatte is only liable for any damage suffered by the customer if and insofar as that damage was caused by intent or deliberate recklessness.
  2. If Babylatte is liable for any damage, it is only liable for direct damage arising from or related to the performance of an agreement.
  3. Babylatte is never liable for indirect damage, such as consequential damage, lost profits, missed savings or damage to third parties.
  4. If Babylatte is liable, this liability is limited to the amount paid out by a concluded liability insurance and, in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
  5. All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Limitation period

Any right of the customer to compensation from Babylatte expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of article 6:89 of the Dutch Civil Code.

Right of dissolution

  1. The customer has the right to dissolve the agreement when Babylatte culpably fails to fulfill its obligations, unless this failure, given its special nature or minor significance, does not justify dissolution.
  2. If the fulfillment of the obligations by Babylatte is not permanently or temporarily impossible, dissolution can only take place after Babylatte is in default.
  3. Babylatte has the right to dissolve the agreement with the customer or, if the customer does not fully or timely fulfill his obligations under the agreement, or if Babylatte has become aware of circumstances that give it good reason to fear that the customer will not properly fulfill his obligations.
  4. Claims of Babylatte against the customer are in the aforementioned case immediately and fully due.

 Force majeure

  1. In addition to the provisions of article 6:75 of the Dutch Civil Code, it applies that a failure of Babylatte to fulfill any obligation towards the counterparty cannot be attributed to Babylatte in a situation independent of Babylatte's will, which wholly or partially prevents the fulfillment of its obligations towards the counterparty or makes it unreasonable to expect Babylatte to fulfill its obligations.
  2. Also included in the force majeure situation mentioned in paragraph 1 are - but not exclusively - considered: state of emergency (such as civil war, uprising, riots, natural disasters, etc.); failures and force majeure of suppliers, couriers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, pandemics and epidemics, bad weather conditions and work interruptions.
  3. If a force majeure situation occurs that prevents Babylatte from fulfilling one or more obligations to the other party, those obligations will be suspended until Babylatte can fulfill them again.
  4. From the moment a force majeure situation has lasted at least 30 calendar days, both parties may terminate the agreement in whole or in part in writing.
  5. Babylatte is not liable for any (damage) compensation in a force majeure situation, even if it benefits in any way as a result of the force majeure situation.

Intellectual property

All intellectual property rights, such as methods, texts, and concepts, belong to Babylatte including its suppliers.

Privacy

  1. Personal data of the customer is used by Babylatte exclusively in compliance with privacy legislation.
  2. A privacy statement from Babylatte is published on the website.

Customer responses

  1. Babylatte appreciates it when satisfied customers post reviews, comments, and/or questions about certain products on the website. Babylatte reserves the right to adjust, process, or remove the content of the website and thus also the customer responses at any time.
  2. By posting a customer response, the customer agrees not to claim any further rights or copyright on the posted text and acknowledges that Babylatte has the right to place and/or remove the information (possibly in an adapted form) on the website.

Amendment of general terms and conditions

  1. Babylatte is entitled to amend or supplement the general terms and conditions.
  2. Changes of minor importance may be implemented at any time.
  3. Babylatte will discuss major substantive changes with the customer as much as possible in advance.
  4. Consumers are entitled to terminate the (purchase) agreement in the event of a material and adverse change to the general terms and conditions.

 Transfer of rights

  1. Rights of the customer arising from an agreement between the parties may not be transferred to third parties without the prior written consent of Babylatte.
  2. This provision applies as a clause with property law effect as referred to in Article 3:83, second paragraph, of the Dutch Civil Code.

 Consequences of nullity or voidability

  1. If one or more provisions of these general terms and conditions prove to be null or voidable, this does not affect the other provisions.
  2. A provision that is null or voidable will in that case be replaced by a provision that most closely approximates what Babylatte had in mind when drafting these general terms and conditions on that point.

 Applicable law and competent court

  1. Dutch law applies to every agreement between the parties.
  2. The court in the district where Babylatte is established or has an office has exclusive jurisdiction to hear any disputes between the parties, unless the law mandatorily prescribes otherwise.

Drawn up on and valid from 10.10.2023.