GENERAL TERMS AND CONDITIONS OF BUGABOO WEBSHOP
1.1 These General Terms and Conditions (hereinafter: ‘T&Cs’) apply to every offer of Bugaboo that is made through the website www.bugaboo.com (hereinafter: ‘Website’) and to every distance contract (hereinafter: ‘Agreement’) that is subsequently concluded between Bugaboo (hereinafter also: ‘we’/‘us’) and a consumer, i.e. a natural person who is not acting in the course of a profession or running a business (hereinafter also: ‘you’).
1.2 Besides these T&Cs, additional terms and conditions may apply to certain products when this is expressly indicated in relation to the product concerned.
1.3 Before the Agreement is concluded, these T&Cs and any applicable additional terms and conditions will be made available to you electronically in such a way that you can easily print or store them on a permanent data carrier. You may also consult these T&Cs at any time on the Website.
1.4 The products that are offered on our Website are available only in the following countries: Austria, Belgium, France, Germany, Italy, Luxembourg, the Netherlands, Portugal, Spain and the United Kingdom. Unfortunately we do not deliver to all postal code areas. Consult the latest information for this purpose on the Website.
2. BUGABOO’S COMPANY AND CONTACT DETAILS
Bugaboo International B.V.
Paasheuvelweg 9 a-b
1105 BE Amsterdam Zuidoost
Telephonic customer service: 08005878265
Availability: Mondays to Fridays from 9 a.m. to 5 p.m.
VAT no.: NL.8077.89.859.B.01.
Bugaboo is registered at the Dutch Chambers of Commerce under number 34.11.2667.
3. OFFER, PRICES AND DISPATCH COSTS
3.1 The prices and delivery and/or dispatch costs listed on the Website include VAT.
3.2 If an offer or price has a limited period of validity or if an offer is made subject to conditions, this will be expressly stated on the website in relation to the offer.
3.3 Any delivery and/or dispatch costs applicable to your order will be clearly stated before the Agreement is concluded and confirmed in the Order Confirmation.
3.4 Although we do our utmost to ensure that all prices and details on our Website are accurate, errors cannot be ruled out completely. If we discover an error in the price of one or more products that you have ordered, we will inform you thereof as soon as possible and give you the option of confirming the order at the correct price or terminating the Agreement. If we do not succeed in contacting you within a reasonable period using the contact details that you have supplied, or if you do not confirm the order to us at the correct price, the Agreement will be automatically terminated.
4. FORMATION OF THE AGREEMENT
4.1 The Agreement is formed once you click the ‘order and pay’ button at the end of the order process.
4.2 After placing your order, you will receive an Order Confirmation from us by e-mail with a list of the products that you have ordered, the purchase price of your order and any delivery and/or shipping costs (including VAT), your chosen payment method and the delivery method. As soon as your order is ready to be dispatched from our warehouse, you will receive a Dispatch Confirmation from us.
4.3 Bugaboo may make enquiries – within statutory limits – to establish whether you are able to meet your payment obligations, as well as into all the facts and factors that are important for entering into the Agreement responsibly. If we have good grounds on which not to enter into the Agreement on the basis of these enquiries, we will be entitled to refuse an order or request, with reasons, or to attach special conditions to its performance.
5. CANCELLATION OR WITHDRAWAL OF YOUR ORDER
5.1 You may cancel your order as long as you have not yet received a Dispatch Confirmation from us. You may do this by completing the standard form, calling our customer service on 08005878265 (availability: Mondays to Fridays from 9 a.m. to 5 p.m.) or by sending an e-mail to email@example.com, in which you clearly state that you are cancelling the order, quoting the order number. You will receive confirmation of the cancellation from us by e-mail. If you cancel your order before receipt of the Dispatch Confirmation, we will fully refund all amounts that you have already paid, including dispatch costs, within 14 days of the cancellation and not charge you anything.
5.2 You may terminate the Agreement without stating reasons (withdrawal) during a cooling-off period.
A. Pushchairs and related products. You have the right to terminate an agreement concerning the purchase of such a product without stating reasons during a 90-day cooling-off period.
B. Luggage systems and related products. You have the right to terminate an agreement concerning the purchase of such a product without stating reasons during a 30-day cooling-off period.
The cooling-off period commences on the date of delivery of the order either to you or to a representative that you have designated and notified us of in advance.
5.3 Handle the product and packaging carefully during the cooling-off period. You may only unpack or use the product if this is necessary to be able to assess whether you wish to keep it. The point of departure here is that you may only handle and inspect the product in the same way that you would be allowed in a shop. You’re only liable for the product's devaluation that is a consequence of your handling the product other than as permitted in this paragraph.
5.4 You may make use of your right of withdrawal by calling our customer service on 08005878265 (availability: Mondays to Fridays from 9 a.m. to 5 p.m.) or by completing the standard withdrawal form on our Website. We will then immediately send you confirmation of receipt of your withdrawal by e-mail.
5.5 If you make use of your right of withdrawal, you must return the product with all supplied accessories to us undamaged and – if reasonably possible – in the original condition and packaging within 14 days of making use of your right of withdrawal. We kindly request that you complete and enclose the returns label that you received from us at the time of delivery. This speeds up the returns and refund process.
5.6 The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon you. The direct costs of returning the product will be born by you.
5.7 If you have made use of your right of withdrawal, we will fully refund the amounts you have already paid, including dispatch costs, within 14 days of receipt of your withdrawal. In case of withdrawal, you will not be liable for more than the cost of returning the products.
5.8 If you exercise your right of withdrawal, all supplementary agreements are legally dissolved.
6. DELIVERY AND RETENTION OF TITLE
6.1 Unless a longer delivery period is agreed, orders will be delivered within no more than 14 days of placing the order to your supplied delivery address. Our transport provider does not make deliveries on Saturdays and Sundays.
6.2 If there is a delay in delivery, if an order cannot be executed or if an order can only be partially executed, you will receive notice thereof within no more than 14 days of placing the order. In that case, you will be entitled to terminate the Agreement without any costs and we will fully refund any amounts that you have already paid within 14 days.
6.3 If delivery of a product you have ordered turns out to be impossible, we will endeavour to offer you a replacement product of comparable or higher quality. You are not obliged to accept this offer and may opt to terminate the Agreement without costs instead, following which we will fully refund the amounts that you have paid within 14 days.
6.4 If our transport provider is unable to deliver your order after two attempts at your stated delivery address, it will leave a message stating where your package is located and how and within which period you can collect the delivery.
6.5 The address that you provided when placing your order serves as the place of delivery. Delivery has taken place and the products are deemed to have been delivered after signature for delivery of the goods at this agreed delivery address.
6.6 Ownership of the products only passes if we have received full payment of all amounts due in relation to the products. Risk of damage in and/or loss of the products passes at the time of delivery to you.
7.1 Unless otherwise agreed in writing, you must pay amounts due within 14 days of the commencement of the cooling-off period as referred to in Article 5.2 of these T&Cs.
7.2 You must immediately notify us if you discover any inaccuracies in your provided payment details.
7.3 If you pay by credit card, we will carry out a pre-authorisation on that card after receipt of your order so as to guarantee that there are sufficient funds to complete the transaction. The purchase price may not be debited from your credit card until you have received the order from our warehouse. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery.
7.4 If you fail to comply with your payment obligations towards Bugaboo, we may charge you statutory interest as well as the reasonable costs that Bugaboo must incur to still obtain full payment from you, including collection costs. If you fail to comply with your payment obligations, we will moreover be entitled to claim the products delivered to you as our property and demand their return. In that case, you will be liable for the costs of returning the products.
8. CONFORMITY AND WARRANTY
8.1 We guarantee that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed we also guarantees that the product is suited for other than normal designation.
8.2 An extra guarantee arrangement offered by us can never affect the statutory rights and claims that you can enforce against us on the grounds of the contract if we failed to fulfil our part in the contract.
8.3 An extra guarantee is defined as every commitment of us that grants you rights or claims, in excess of those provided by law, for the event that we fail to fulfil our part in the contract.
9.1 If you use our Website, you accept that communication with us will mostly take place electronically and that we will usually contact you by e-mail in regard to the performance of the Agreement or to provide information. Make sure that our e-mail does not end up in your junk mail.
9.2 All notices that you give to us should preferably be sent by e-mail.
9.3 Communication is deemed to have been received and properly effected 24 hours after sending an e-mail or three days after sending a letter. In order to prove that notice has been given, it will suffice to show, in case of a letter, that this letter has been correctly addressed, stamped and posted and, in case of an e-mail, that this e-mail has been sent to the supplied e-mail address of the addressee.
10. AMENDMENTS TO THESE T&Cs
Amendments to these T&Cs will be effective only after they have been published and apply only to Agreements that are concluded after the amendments become effective, on the understanding that if amendments are introduced during the term of an offer, the most favourable provision will apply to you.
If you have a complaint about a product that we have delivered or our service, you may submit the complaint by sending an e-mail to firstname.lastname@example.org. We will provide a detailed response to your complaint by e-mail within 14 days of its receipt. If a complaint requires a foreseeably longer processing period, we will send you an acknowledgement of receipt of your complaint within the 14-day period, indicating when you may expect a more detailed answer. We will endeavour to work together with you to try and resolve your complaint in the best way possible.
12. APPLICABLE LAW
These T&Cs and Agreements to which these T&Cs apply are governed by Dutch law. Disputes concerning the performance and interpretation of these T&Cs and/or Agreements must be submitted to the competent court in Amsterdam. This does not affect your rights according to your own national law.
These General Terms and Conditions were last amended on 1 September 2016 (version 092016.1).