Terms and Conditions
Terms and Conditions Dappermaentje
Article 1. Definitions
- Dappermaentje is a private limited company that aims to offer products marketed by Dappermaentje within the baby industry, in particular aimed at accessories, another in the broadest sense.
- In these General Terms and Conditions, 'Customer' means: the natural or legal person, whether or not acting in the performance of his profession or business, who uses the Services of Dappermaentje.
- In these General Terms and Conditions, 'Agreement' means: the legal relationship between Dappermaentje and the Customer, all this in the broadest sense.
- In these General Terms and Conditions, 'Services' means: all products and services supplied to the Client by Dappermaentje and/or third parties engaged by it, as well as all other work performed by Dappermaentje for the Client, of whatever nature, performed in within the framework of an assignment, including activities that are not performed at the express request of the Client.
- In these General Terms and Conditions, 'Website' means: the Website www.dappermaentje.com.
Article 2. Applicability of the General Terms and Conditions
- The General Terms and Conditions apply to all Agreements concluded between the Customer and Dappermaentje in which Dappermaentje offers Services or delivers products.
- Deviations from the General Terms and Conditions are only valid if expressly agreed in writing with Dappermaentje.
- Applicability of purchase or other terms and conditions of the Customer are expressly rejected, unless expressly agreed otherwise in writing.
- The General Terms and Conditions also apply to additional or changed orders from the Customer.
Article 3. The Agreement
- All offers on the Website are without obligation, unless explicitly stated otherwise.
- The Customer can order the products produced by Dappermaentje via the Website. This Agreement is concluded by placing the order. Dappermaentje will send the Customer a confirmation of the order, as well as an invoice. The products will then be delivered via the Parcel Factory.
- If Dappermaentje sends a confirmation to the Customer, it is decisive for the content and explanation of the Agreement, subject to obvious clerical errors. Dappermaentje cannot be held to its offer if the Customer can reasonably understand that the offer, or a part thereof, contains an obvious mistake or error.
- If the Customer makes notes or comments on Dappermaentje's quotation, they are not part of the Agreement, unless Dappermaentje confirms this in writing.
Article 4. Performance of the Agreement
- Dappermaentje will make every effort to perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship, and as much as possible in accordance with the agreements laid down in writing.
- Dappermaentje has the right to have certain activities performed by third parties.
- When engaging third parties, Dappermaentje will exercise due care and will consult with the Client in the selection of these third parties, as far as this is reasonably possible and customary in the relationship with the Customer. The costs of engaging these third parties are for the account of the Customer, and will be charged by Dappermaentje to the Customer.
- The Customer shall ensure that all data, which Dappermaentje indicates are necessary or which the Customer should reasonably understand to be necessary for the execution of the Agreement, are provided to Dappermaentje in a timely manner. If the information required for the execution of the Agreement has not been provided to Dappermaentje in time, Dappermaentje has the right to suspend the execution of the Agreement and/or to charge the additional costs resulting from the delay to the Customer at the then usual rates. bring.
- The Customer shall ensure that Dappermaentje can perform its Services in a timely and proper manner. If the Customer does not comply with his agreements in this regard, he is obliged to compensate the resulting damage.
- If a term has been agreed or specified for the performance of Services, this is never a strict deadline. If a term is exceeded, the Customer must give Dappermaentje written notice of default. Dappermaentje must be offered a reasonable term to still implement the Agreement.
Article 5. Amendment to the Agreement
- If during the execution of the Agreement it appears that it is necessary for a proper execution to change or supplement it, Dappermaentje and the Customer will proceed to adjust the Agreement in a timely manner and in mutual consultation.
- If the Agreement is amended, including an addition, this constitutes an additional assignment. A separate agreement about the fee will be made in advance about this additional assignment. Without additional quotation, the original conditions apply, whereby the extra Services are paid at the usual rate.
- Not or not immediately executing the amended Agreement does not constitute a breach of contract on the part of Dappermaentje and is no ground for the Customer to terminate or dissolve the Agreement.
- Changes to the Agreement originally concluded between Dappermaentje and the Customer are only valid from the moment that these changes have been accepted by both parties by means of an additional or amended Agreement. This change will be made in writing.
Article 6. Suspension, dissolution and early termination of the Agreement
- Dappermaentje is authorized to suspend the fulfillment of the obligations or to dissolve the Agreement if the Customer does not fulfill the obligations under the Agreement, not fully or not on time, or if Dappermaentje has good reason to fear that the Customer will those obligations will fall short.
- In addition, Dappermaentje is authorized to dissolve the Agreement if circumstances arise of such a nature that fulfillment of the Agreement is impossible or unaltered maintenance of the Agreement cannot reasonably be required.
- If the Customer fails to fulfill its obligations arising from the Agreement and this failure justifies dissolution, Dappermaentje is entitled to dissolve the Agreement immediately and with immediate effect without any obligation on its part to pay any compensation or compensation, while the Customer , on account of breach of contract, is obliged to pay compensation or compensation.
Article 7. Cancellation
- Cancellation of the Agreement is possible up to 14 days after signing the quotation or placing the order, if the Agreement has been concluded remotely and the Customer is a natural person who does not act in the performance of his profession .
- Cancellation can no longer take place if an email has been sent, meaning that the Product has been sent, whereby the time of receipt of this message by the Customer is the leading.
Article 8. Costs, fees and payment
- All amounts stated in the quotation or on the website are in euros and include VAT, unless stated otherwise.
- Dappermaentje has the right to correct apparently erroneous errors in the quotation.
- Payment is made via iDeal, credit card, and by bank.
- Dappermaentje charges €4.95 shipping costs for orders within the Netherlands. If the order has a value of more than €100, Dappermaentje will not charge shipping costs within the Netherlands, Belgium and Germany.
- All invoices must be paid subject to a payment term of 14 days, unless another term has been agreed.
- The Customer is obliged to immediately inform Dappermaentje of any inaccuracies in the payment details stated or provided.
- If the Customer fails to pay an invoice on time, the Customer is legally in default, without further notice of default being required. The Customer will then owe the statutory interest. The interest on the amount due and payable will be calculated from the moment the Customer is in default until the moment of payment of the full amount owed.
- If Dappermaentje decides to collect a claim for non-payment of one or more unpaid invoices by judicial means, the Client is, in addition to the principal owed and the interest referred to in paragraph 7 of this article, also obliged to pay all reasonable costs incurred. judicial and extrajudicial costs. The compensation for judicial and extrajudicial costs incurred will be determined in accordance with the then applicable regulations that relate to compensation for extrajudicial collection costs.
Article 11. Liability
- The Customer is responsible for providing correct and representative data and information necessary for the performance of the Agreement. Dappermaentje is not liable for damage, including on the basis of an incorrect order, if the Customer has provided incorrect, unrepresentative or irrelevant information.
- Although every effort will be made to meet the delivery term, Dappermaentje is never liable for the consequences of exceeding the stated delivery term on the Website, in the confirmation email or elsewhere. Exceeding the term does not entitle the Customer to cancel the Products, or to refuse receipt or payment of the Products, nor does Dappermaentje owe any compensation to the Customer.
- Dappermaentje is not liable for errors or omissions of third parties engaged by her.
- Dappermaentje is not liable for any errors on the Website.
- Dappermaentje is not liable for non-compliance or late compliance with the obligations arising from the Agreement, if this is caused by force majeure as referred to in Article 12.
- Dappermaentje is not liable for any damage or consequences arising from or related to inappropriate or unauthorized use by the Customer. Dappermaentje is therefore not liable for damage caused by the Customer.
- If Dappermaentje is held liable, it will only be liable for direct damage that is actually incurred, paid or suffered by the Customer due to a demonstrable failure in the obligations of Dappermaentje with regard to its Services. Dappermaentje is not liable for indirect damage, including but not limited to consequential damage.
- Dappermaentje's liability is limited to the amount covered and paid out by the insurer. If the insurer does not pay out, or if Dappermaentje is not insured, the liability is limited to the amount paid by the Customer.
- This provision does not exclude liability to the extent that liability may not be limited or excluded by law.
Article 12. Force Majeure
- Force majeure is understood to mean all external causes, beyond the will or fault of Dappermaentje, as a result of which timely, complete or correct fulfillment of the Agreement is no longer possible.
- Force majeure as referred to in the previous paragraph also includes, but is not limited to: non-compliance by a third party, illness of staff of Dappermaentje itself or a third party, abnormal weather conditions, disruptions in water and energy supplies, strikes , serious malfunctions in Dappermaentje's systems, fire, floods, natural disasters, riots, war or other internal unrest.
- In the event of force majeure, fulfillment of the Agreement will be suspended as long as the force majeure continues.
- If the force majeure lasts longer than one month, both parties are entitled to dissolve the Agreement without the intervention of the court. In such a case, Dappermaentje will refund any amounts paid, deducted from all costs incurred by Dappermaentje with regard to the Agreement.
Article 14. Advertisements
- The Customer is obliged to inspect or have inspected the delivered Product at the time of delivery, at least within the shortest possible term. In doing so, the Customer should investigate whether the quality and quantity of the delivered goods correspond to what is stipulated in the Agreement.
- Errors or inaccuracies that can be detected during an initial inspection, taking into account the requirements of reasonableness and fairness, must be reported to Dappermaentje in writing within fourteen (14) working days after receipt of the Products, with presentation of the proof of purchase, unless this is impossible or unreasonably onerous.
- Other complaints, including complaints that could not be detected during an initial inspection, must be reported in writing to Dappermaentje within one (1) month at the latest in accordance with the provisions of paragraph 2 of this article.
Article 15. Confidentiality of data
- Each party warrants that all information received from the other party that is known or should be known to be of a confidential nature will remain confidential. The party that receives confidential information will only use it for the purpose for which it was provided. Information is in any case considered confidential if it has been designated as such by one of the parties. Dappermaentje cannot be held to this if the provision of data to a third party is necessary pursuant to a court decision, a statutory regulation or for the correct execution of the agreement.
- Dappermaentje ensures that all processing of personal data of the Customer is in accordance with the General Data Protection Regulation. This means, among other things, that Dappermaentje only collects personal data on the basis of one of the permitted legal grounds and that the Customer can at all times submit a request to Dappermaentje to delete his personal data.
Article 16. Intellectual Property
- Dappermaentje reserves the rights and powers that accrue to him under the Copyright Act.
- Bold man of data. Customer will indemnify Dappermaentje against any action based on the claim that making it available, using, editing, installing or incorporating in such a way infringes any right of third parties.
Article 17. Complaints procedure
- If Customer has a complaint, Customer must send this in writing to firstname.lastname@example.org a>.
Article 18. Identity of Dappermaentje
- Dappermaentje is registered with the Chamber of Commerce under number 63095262 and carries VAT identification number NL001255482B71. Dappermaentje is located on Keizersgracht in Amsterdam.
- Dappermaentje can be reached by e-mail at email@example.com or via the website www.dappermaentje.com.
Article 19. Applicable law and competent court
- The legal relationship between Dappermaentje and its Client is governed by Dutch law.
- All disputes that may arise between Dappermaentje and the Customer will be settled by the competent court of the District of Amsterdam.