Terms and Conditions

Terms and Conditions
Article 1. General

These Terms and Conditions for consumer sales (hereafter: conditions) apply to all offers, orders, deliveries and agreements of Babouche Lifestyle with registered office in Zevenaar (hereafter referred to as Seller or babouchelifestyle.com). The acceptance of an offer or the placing of an order implies that the applicability of these conditions is accepted. They also apply to all obligations ensuing from transactions carried out in connection with such agreements. If any part of these Terms and Conditions are invalid in whole or in part or otherwise inapplicable, this will not affect the validity of the other conditions. The seller explicitly denies the applicability of the buyer’s terms and conditions. Exceptions from these conditions can only be made in writing by babouchelifestyle.com, in which case the other provisions shall remain in force.
Article 2. Offers and formation of agreements

1. All offers from babouchelifestyle.com whether oral or in writing are non binding and without obligation. Babouchelifestyle.com reserves the right to change prices, especially when necessary on the basis of (legal) requirements.
   2. An agreement is only complete after acceptance of the order by babouchelifestyle.com. Babouchelifestyle.com is entitled to refuse orders or certain conditions to the delivery. If an order is not accepted, Babouchelifestyle.com will inform the customer [within two (2)] business days after receipt of the order.
   3. Babouchelifestyle.com can not be held bound to any agreement or offer if the buyer can reasonably understand that the bids or offers or any part thereof, contain an obvious mistake in writing otherwise or any error.

Article 3. Prices and Payment

1. The listed prices for the products and services are stated in Euros and including VAT.
   2. For shipping within the Netherlands the costs as stated on the website of babouchelifestyle.com are charged. For customers from countries other than the Netherlands the shipping costs depend on the destination country and the amount of the order.
   3. Following an order customer will receive immediate confirmation via e-mail with the total cost, including the applicable shipping costs. Payment can be done as stated on the website of babouchelifestyle.com.

Article 4. Delivery time

1. The delivery time is the time agreed between the parties and as stated on the website of babouchelifestyle.com. Delivery will take place to the address indicated on the order. Customers must take delivery of the products. If customer fails to do so, customer can be charged any resulting cost.
   2. Communicated or acknowledged delivery dates shall not be considered as fatal terms. When exceeding a term customer must give seller a written notice of failure to deliver, and a reasonable time in within which to cure.
   3. A delay in delivery (up to 30 days after the agreement was concluded) does not entitle the customer to annulment of the contract. A delay in delivery does not entitle the customer to compensation of any damages, or annulment of the contract or non-fulfillment of any obligation imposed on him from this or any other related agreement.
   4. Shipping of an order in parts is permitted. In case a product is no longer available, babouchelifestyle.com will contact you as soon as possible.

Article 5. Right to withdraw and Returns

1. Babouchelifestyle.com does its best to deliver good products. If you for whatever reason do not wish to keep the product, you have the right to return the product within 14 days after receipt of the product, to babouchelifestyle.com with the return form included in the order. Under receipt is also included the second delivery attempt to deliver the products by PostNL. The cost of return are for the customer’s account. If no written complaints are received within this period, babouchelifestyle.com deemed to have fulfilled in full its obligations regarding the ordered products.
   2. Customer will handle the delivered product and packaging with due care. Customer will unpack the delivery to fit and to the extent necessary to assess whether the customer wishes to keep the product. The product will be delivered with all accessories and – if reasonably possible – send to the babouchelifestyle.com in its original condition and packaging back, in accordance with the Seller’s reasonable and clear instructions on the enclosed return form. This right is no longer applicable when: A. the product has been worn and, B. customer tried to repair the defect, C. the instructions on cleaning or use have not been followed.
   3. The shipping costs of the original order will not be refunded if the costs of return are not fully paid for by customer. These costs are then regarded as compensation for the original shipping costs of returning for Seller
   4. Babouchelifestyle.com will within [5] business days after receipt of the product in good condition, refund the amount paid directly to the in the order designated bank account. 5. Any complaints about the execution of the agreement and the products supplied by the Seller should be submitted, fully and clearly described, within reasonable time after any defects were found.

Article 6. Guarantee and Liability

1. Subject to the terms of paragraph 2, the seller guarantees the customer that the goods supplied are of good quality.
   2. The guarantee referred to in the previous sentence does not apply if:
   – the buyer has any liability to the seller;
   – if there is any commercially usual and/or technical unavoidable difference in quality, dimensions, colour, design, weight, measurement, material, material structure or finish;
   – if the goods are spoiled or cut or treated, processed, finished, used or damaged in any other way;
   – if the delivered goods have been exposed to abnormal conditions, such as contamination, outside force, overloading or other causes beyond the seller’s control;
   – if the unsuitability is a result of poor maintenance or natural wear and tear; repairs have been done by the buyer himself or by third parties to the goods supplied by the seller;
   – if the period for claims as referred to in sentence 3 has expired;
   – in the event of hidden faults, 6 months have passed after the date of delivery.
   3. Any liability of babouchelifestyle.com, its staff and the products of babouchelifestyle.com for all damages of any kind, directly or indirectly, including loss of profits, consequential damage to movable or immovable property or to any person, is specifically excluded. Babouchelifestyle.com cannot be held liable for damage caused by the execution of the agreement by third parties.
   4. Babouchelifestyle.com assumes no liability for any damage arising from the use of the products of babouchelifestyle.com.
   5. Any liability of babouchelifestyle.com towards customers cannot in any case exceed the invoiced amount that the buyer under the agreement relating to Babouchelifestyle.com is due. Direct damage will include only:
   a. reasonable costs to assess the cause and extent of the damage, to the extent that such assessment concerns damage within the meaning of these conditions;
   b. any reasonable costs necessarily incurred to have the Seller’s defective performance conform to the agreement; and
   c. reasonable costs incurred to prevent or limit the damage, to the extent that the customer demonstrates that those costs led to a limitation of the direct damage referred to in these conditions.
   6. For misunderstandings, mutilations, delays or not properly conveyed orders and notices as a result of the use of the internet or any other means of communication in the communication between customer and Babouchelifestyle.com, or between Babouchelifestyle.com and third parties, as it relates to the relationship between you and Babouchelifestyle.com, Babouchelifestyle.com is not liable, unless and where there might be proof of intent or gross negligence of Babouchelifestyle.com.
   7. The seller’s liability is always limited to the amount paid by his insurer, as appropriate.

Article 7. Force majeure

1. Babouchelifestyle.com has in case of force majeure, at its opinion, the right to suspend or terminate the contract without judicial intervention. Babouchelifestyle.com will inform the customer in writing. In this case Babouchelifestyle.com is not obliged to any compensation, unless standards of reasonableness and fairness determine otherwise.
   2. Force majeure means any deficiency that cannot be blamed on Babouchelifestyle.com, because it is not due to its fault. Neither under Dutch law, nor based on generally accepted practice.

Article 8. Privacy

All personal data disclosed to NOOSA will only be used for the handling of the order and will never be made available to third parties.
Article 9. Various

1. If you provide Babouchelifestyle.com in writing with an address, Babouchelifestyle.com is entitled to use that address for shipping of orders, unless and until you inform Babouchelifestyle.com in writing of another address to which your orders should be sent.
   2. All data provided by customer to Babouchelifestyle.com is assumed correct and adequate by seller, without any further investigation.
   3. When Babouchelifestyle.com, over a shorter or longer period of time, whether or not implied, applies the conditions less strict, this shall not affect the right to demand immediate and strict compliance with these conditions at any time. There can never be any rights connected to the fact that Babouchelifestyle.com applied or applies these conditions less strict.
   4. If one or more of the articles of these conditions or any other agreement with Babouchelifestyle.com is contrary to any applicable legal provision, the article is skipped and will be replaced by Babouchelifestyle.com by a new legally permissible comparable provision.
   5. Babouchelifestyle.com is entitled to use third parties in processing your order(s). The most recent version of the conditions or the version applicable at the time the agreement was concluded shall apply.
   6. The Dutch text of these terms and conditions is decisive for the interpretation thereof. In case the English translation differs from the Dutch text, the Dutch text will prevail.

Article 10. Applicable law and jurisdiction

1. On all rights, obligations, offers, orders and agreements to which these conditions apply, as well as these conditions, only Dutch law applies. Even if the agreement is executed wholly or partly abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
   2. All disputes between parties will only be submitted to the competent court in the Netherlands. Article 11. This is an informative translation of the Dutch terms and conditions as registered at the Chamber of Commerce at Arnhem, under number 67138098. In case of doubt or dispute, only the original general conditions in the Dutch language will be applied. VAT number of Babouche Lifestyle is NL856846144B01.