Terms of service

ARTICLE 1 – Definitions

In these terms and conditions, the following definitions apply:

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Distance contract: an agreement whereby, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the agreement;
Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur being in the same room at the same time;
Cooling-off period: the period within which the consumer can make use of their right of withdrawal;
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Day: calendar day;
Duration transaction: a distance contract relating to a series of products and/or services, whereby the delivery and/or purchase obligation is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed personally to them in such a way that future consultation and unchanged reproduction of the stored information is possible.

ARTICLE 2 – Identity of the entrepreneur

MyRoyalBaby B.V.

Email address: info@myroyalbaby.nl
Customer service: customerservice@myroyalbaby.nl
Chamber of Commerce number: 97687081

Address:
Brink 2
1251EN Laren

ARTICLE 3 – Applicability

1. These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, it shall be indicated before the distance contract is concluded that the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge to the consumer upon request as soon as possible.
3. If the distance contract is concluded electronically, then in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it shall be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise upon request.
4. In the event that specific product or service conditions also apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer may always rely on the applicable provision that is most favorable to them in case of conflicting general terms and conditions.

ARTICLE 4 – The offer

1. If an offer has a limited period of validity or is subject to conditions, this shall be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:

• the price including taxes;
• any delivery costs;
• the manner in which the agreement will be concluded and which actions are required for this;
• whether or not the right of withdrawal applies;
• the method of payment, delivery or execution of the agreement;
• the period for acceptance of the offer, or the period during which the price is guaranteed;
• the level of the rate for distance communication if the costs of the use of the technique for distance communication are calculated on a basis other than the basic rate;
• if the agreement is archived after conclusion, in what way it can be consulted by the consumer;
• the way in which the consumer, before concluding the agreement, can check and if desired correct the data provided by them;
• any languages in which, in addition to Dutch, the agreement can be concluded;
• the codes of conduct to which the entrepreneur has submitted and the way in which the consumer can consult these codes of conduct electronically;
• the minimum duration of the distance contract in case of a contract that extends to the continuous or periodic delivery of products or services.

ARTICLE 5 – The agreement

1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set therein.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance electronically. As long as receipt of this acceptance has not been confirmed, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur shall observe appropriate security measures.
4. The entrepreneur may, within legal frameworks, inform themselves whether the consumer can meet their payment obligations, as well as all facts and factors that are important for responsibly entering into the distance contract. If the entrepreneur has good grounds not to enter into the agreement, they are entitled to refuse an order or request or to attach special conditions to the execution.
5. The entrepreneur shall include the following information with the product or service, in writing or in such a way that it can be stored in an accessible manner on a durable data carrier:

a. the conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
b. information about existing after-sales service and guarantees;
c. the information included in article 4 paragraph 3, unless already provided;
d. the requirements for termination if the agreement has a duration of more than one year or is indefinite.

1. If the entrepreneur has committed to delivering a series of products or services, the provision in the previous paragraph only applies to the first delivery.

ARTICLE 6 – Right of withdrawal

In case of delivery of products:

1. When purchasing products, the consumer has the option to dissolve the agreement without giving any reason within 14 calendar days. This period starts on the day after receipt of the product by or on behalf of the consumer.
2. During this period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep the product. If the consumer makes use of their right of withdrawal, they shall return the product with all supplied accessories and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

In case of delivery of services:

1. In case of delivery of services, the consumer has the option to dissolve the agreement without giving any reason for at least 14 calendar days, starting on the day of entering into the agreement.
2. To make use of the right of withdrawal, the consumer shall follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

ARTICLE 7 – Costs in case of withdrawal

1. If the consumer makes use of their right of withdrawal, at most the costs of return shipment shall be borne by the consumer.

ARTICLE 8 – Exclusion of the right of withdrawal

1. The right of withdrawal can only be excluded by the entrepreneur if this has been clearly stated in the offer, or at least in time before concluding the agreement.
2. Exclusion of the right of withdrawal is only possible for products:

a. that have been created by the entrepreneur in accordance with specifications of the consumer;
b. that are clearly personal in nature;
c. that, by their nature, cannot be returned;

ARTICLE 9 – The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered shall not be increased, except for price changes resulting from changes in VAT rates.
2. Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.
3. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

a. they are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement on the day the price increase takes effect.

1. The prices stated in the offer of products or services include VAT.

ARTICLE 10 – Delivery and execution

1. The entrepreneur shall exercise the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
2. The place of delivery is the address that the consumer has made known to the company.
3. With due observance of what is stated in article 4 of these general terms and conditions, the company shall execute accepted orders with due speed but at the latest within 30 days, unless a longer delivery period has been agreed. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer shall be notified of this no later than one month after placing the order. In that case, the consumer has the right to dissolve the agreement free of charge and is entitled to possible compensation.
4. In case of dissolution in accordance with the previous paragraph, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but at the latest within 30 days after dissolution.
5. If delivery of an ordered product proves to be impossible, the entrepreneur shall make an effort to provide a replacement item. At the latest upon delivery, it shall be clearly and comprehensibly stated that a replacement item is being delivered. In the case of replacement items, the right of withdrawal cannot be excluded. The costs of return shipment shall be borne by the entrepreneur.

The products that we no longer supply (and will also not receive anymore) are included in our archive.

1. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless explicitly agreed otherwise.
2. If the consumer orders one or more pre-order products, the entire order will be shipped at the moment all products are in stock.

ARTICLE 11 – Liability

1. Any liability of My Royal Baby, of personnel and products of My Royal Baby for any damage of whatever nature, direct or indirect, including business damage, consequential damage, damage to movable or immovable property or to persons, is explicitly excluded. My Royal Baby is also not liable for damage caused during the execution of the agreement by third parties.
2. My Royal Baby does not accept any liability for any damage resulting from the use of the products of My Royal Baby.
3. Any liability of My Royal Baby towards the buyer is in any case limited to a maximum of the invoice amount that the buyer owes under the relevant agreement to HIPP.
4. My Royal Baby is not liable for misunderstandings, mutilations, delays or improper transmission of orders and communications as a result of the use of the internet or any other communication means in the traffic between the consumer and My Royal Baby, or between My Royal Baby and third parties, insofar as it concerns the relationship between the consumer and My Royal Baby, unless and insofar as there is intent or gross negligence on the part of My Royal Baby.

ARTICLE 12 – Payment

1. Insofar as not agreed otherwise, the amounts owed by the consumer must be paid within fourteen days after delivery of the goods or, in the case of an agreement to provide a service, within 14 days after the documents relating to this agreement have been issued.
2. In the sale of products to consumers, a prepayment of more than 50% may never be stipulated in general terms and conditions. When prepayment has been stipulated, the consumer cannot assert any right regarding the execution of the order or service(s) concerned before the stipulated prepayment has been made.
3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
4. In case of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs made known to the consumer in advance.

ARTICLE 13 – Force majeure

1. In case of force majeure, My Royal Baby has the right, at its own discretion, to suspend the execution of a consumer’s order or to dissolve the agreement without judicial intervention, by notifying this in writing and without being obliged to pay any compensation, unless this would be unacceptable according to standards of reasonableness and fairness.
2. Force majeure is understood to mean any shortcoming which cannot be attributed to My Royal Baby, because it is not due to its fault and neither by law, legal act or generally accepted standards can be held accountable to it.

ARTICLE 14 – Copyright

1. All photos, texts, illustrations and other works on our website are “works” within the meaning of the Copyright Act and the associated copyrights belong to My Royal Baby. Reproduction of these works is prohibited unless explicitly stated or agreed otherwise.
2. Any unlawful infringement of the copyrights of My Royal Baby will be prosecuted.

ARTICLE 15 – Applicable law and competent court

1. Dutch law applies exclusively to all rights, obligations, offers, orders and agreements to which these conditions apply, as well as between My Royal Baby and the consumer to which these conditions relate.
2. Any disputes involving My Royal Baby shall in the first instance be settled by the competent court in Amsterdam, the Netherlands.

ARTICLE 16 – Returning / exchanging items

1. We do everything we can to inform you about the items via our website. If you nevertheless do not wish to purchase an item without giving any reason, you have the right to return the product within 14 working days after receipt of the order.
2. During this period, the consumer shall handle the product and packaging with care. The consumer shall only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer makes use of their right to exchange, they shall return the product with all supplied accessories and, if reasonably possible, undamaged and in original condition and packaging to My Royal Baby, in accordance with the reasonable and clear instructions provided by My Royal Baby;

The item must be received by us within 14 days after receipt
Items with make-up stains cannot be returned
Items must not be worn / used
Items are in original condition and/or packaging including tag

1. My Royal Baby only accepts returns/exchanges for which the instructions have been followed. Returns/exchanges that are not received within the set period will not be accepted;
2. The consumer is responsible for returning the item(s);
3. The costs of returning are for the account of the consumer, unless otherwise agreed.
4. Your return shipment will be confirmed by email after receipt of the goods. The purchase amount will be refunded within 14 working days to the account.
5. In the event that the customer has paid shipping costs and returns the entire order, we are obliged to credit these shipping costs when the complete order has been received by us.

ARTICLE 17 – Complaints

1. We do everything we can to deliver a perfect product. After receiving your order, you must immediately inspect the delivered goods and report any defects in writing without delay. If an item has not been delivered in accordance with your order or does not meet the description on our website, you must report this immediately by email to My Royal Baby.

This warranty expires if you have attempted to repair the defect yourself without consultation and/or have not followed the instructions for use.

If you have such a complaint about an item purchased from us, we would like to hear from you. You must report this immediately by email to My Royal Baby.

We will resolve the problem as quickly as possible in consultation with you. In all cases, the return instructions provided must be followed exactly.

To ensure smooth handling of your complaint, we request that you strictly follow our instructions.

We care about our products and do our best to deliver them in top condition. However, it may happen that an order is damaged during transport or that something else occurs entitling you to claim under warranty. We provide a 14-day warranty after purchase of the product.

If the defect falls within the warranty, we will provide repair free of charge if possible. If a defect cannot be repaired, we will, where possible, send a replacement item or refund the purchase amount. This is subject to the condition that the defect has first been reported in writing and the product has already been received back by My Royal Baby or conclusive proof of return shipment has been provided.

It may always happen that something does not go exactly as planned. We advise you to first report complaints to us by emailing My Royal Baby. If this does not lead to a suitable solution, it is possible to submit your dispute for mediation via Stichting WebwinkelKeur:
https://www.webwinkelkeur.nl/kennisbank/consumenten/geschil

Since 15 February 2016, it is also possible for consumers in the EU to submit complaints via the ODR platform of the European Commission:
http://ec.europa.eu/odr

If your complaint is not yet being handled elsewhere, you are free to submit it via the European Union platform.