General Terms and Conditions Webshop

Business information

Identification of the webshop owner:
Baby on the Move
A trade name and trademark of:
The Quality Group BVBA
Nijverheidsstraat 21
9100 Sint-Niklaas (Belgium)
Enterprise and VAT number BE 0682.473.093
RPR Gent (district Dendermonde)
info@babyonthemove.com
Bank account: BE39 0018 4436 9619
BIC GEBABEBB (BNP Paribas Fortis)

Article 1: General provisions

These General Terms and Conditions (‘Terms’) are applicable to all orders, agreements and activities between Baby on the Move, a trade name and trademark of The Quality Group, a BVBA (besloten vennootschap met beperkte aansprakelijkheid, a private limited liability company) with registered office at Nijverheidsstraat 21, 9100 Sint-Niklaas (Belgium), VAT BE 0682.473.093, RPR Gent (district Dendermonde) (hereinafter ‘BOTM’, ‘we’ or ‘our’) and the visitors/clients of its webshop (hereinafter ‘you’ or ‘your’).

You must accept these Terms explicitly before placing an order. Your own terms and conditions or additional terms and conditions are excluded, unless agreed otherwise in writing between you and BOTM.

BOTM reserves the right to modify or complete these Terms at any time. Any modification will only apply to future orders and will not have any influence on existing orders. BOTM advises you to consult these Terms periodically.

As this webshop is in English, you agree to the use of the English language for the order process, these Terms and any further communication. You will not be able to refuse the applicability of these Terms because they were not in your native language or any other language.

Date of the last update of these Terms: 19 October 2019.

Article 2: Order and Conclusion of the agreement

By placing an order through the webshop, you inform BOTM of your wish to purchase a product through the webshop. This is a binding offer. The order is accepted by us through the confirmation email summarising your order, sent to you within 24 hours. By way of this confirmation email the agreement is concluded.

BOTM may not be able to accept your order (example: product is out of stock, breach of these Terms by you, incorrect personal data, BOTM made a clear material mistake related to the product description or the price of the product) or may require extra information. In such case BOTM may cancel (part of) the order and you are not entitled to any damages. In case the webshop already processed your payment, you may be eligible for reimbursement of the amount received by BOTM.

BOTM only accepts orders from consumers older than eighteen (18) years old. If you are a minor, we ask you to involve your parents or legal guardian in the order process. We may reject any order made by a minor.

Article 3: Product and Availability

BOTM is committed to display the products with a clear picture and accurate description (colour, weight, measurements, price, potential discount, delivery options and other information). Please note that colours on photos may slightly differ from the colours of the product due to different factors such as the brightness of your computer screen.

BOTM is committed to keep the information on its webshop complete, correct and up to date. Despite these efforts it is still possible that information may be incomplete, contain material errors or is not up to date.

Obvious mistakes or errors in the product selection or pricing are not binding for BOTM. BOTM is in no way liable in event of obvious material errors.

If you have specific questions about for instance sizes, colour or availability, we ask you to contact our customer service department in advance.

The product selection is valid while stocks last and may at any time be changed or withdrawn by BOTM. BOTM commits to display whether the product is available or not. However, BOTM cannot be held liable for the non-availability of a product. We will inform you within five (5) calendar days if we cannot deliver your order and, if possible, will indicate when the product will be back in stock. You will have the option to await the delivery or terminate the agreement.

You agree that you are not purchasing the products with the sole purpose of reselling them.

Article 4: Price

All prices listed are expressed in EURO, always include VAT and all other applicable duties or taxes, unless otherwise and expressly mentioned.

Any shipping, reservation or administration fees that will be charged are specified separately before checking out of your digital shopping cart.

BOTM is not responsible for any duties or taxes imposed by customs.

Special discounts are only valid for the indicated products, time frames and for as long as the products are in stock and may be subject to certain conditions.

The specified price refers solely to the articles set out in writing. The accompanying pictures may contain elements that are not included in the price and the order.

BOTM reserves the right to change the prices of the products. However, the price to be paid by you is the price indicated on the webshop on the moment of the placement of your order.

Article 5: Online purchases and Payment methods

You may find your selected items in the digital shopping cart. You can place your order through that shopping cart by checking out. Thereafter you are required to complete your personal details and select the method of delivery and payment. To complete you order, you will be required to click ‘proceed to payment’ to actually place your order and (if applicable) proceed with the online payment.

You may choose between the following payment methods:

1/ by credit card (secured by mollie)

2/ by debit card (Bancontact) and direct pay options via QR code through the banking apps of KBC/CBC, Belfius, ING (secured by mollie)

3/ by Paypal (secured by mollie)

4/ by IDeal (secured by mollie)

5/ on request, via bank transfer to account number BE BE39 0018 4436 9619 /BIC GEBABEBB (BNP Paribas Fortis).

If the third option is chosen, the payment is to be made within five (5) calendar days after the confirmation of the order by BOTM. During this time frame we will reserve the product for you.

If BOTM has not received any payment within five (5) calendar days, we are entitled to cancel your order.

BOTM is committed to keep your payment details secure. Your payment details and credit card information will only be used to effectuate the transactions and will not be shared with third parties.

Invoices are available on request.

Article 6: Delivery

Products ordered via this webshop can be delivered throughout Belgium, France, The Netherlands, Luxembourg and Germany.

A delivery fee will be charged for all orders and will vary depending on the country of destination.

Products are delivered by courier and will normally be dispatched from the BOTM warehouse within one (1) – four (4) working days. As such delivery is also expected within one (1) – five (5) working days. BOTM will however only dispatch the product upon receipt of the price and applicable taxes, duties and costs.

Unless otherwise agreed or explicitly determined otherwise, the product shall in any case be delivered to your residence (or other address indicated in your order) within thirty (30) days of receipt of the order. If BOTM is not able to deliver the product within such timeframe, you may ask for a delivery within a reasonable timeframe. If BOTM is unable to deliver within the additional timeframe, you may terminate the agreement in which case BOTM will refund the price, duties or taxes and applicable costs within fourteen (14) calendar days. No other compensation can be requested.

In any case, delivered products remain the exclusive property of BOTM until the products are paid in full. If necessary, you undertake to inform third parties of the retention of title belonging to BOTM, e.g. to anyone who would attempt to seize the products that are not fully paid for.

The risk due to loss or damage is transferred to you at the time the product has been physically received by you (or a third party appointed by you to receive the product on your behalf). However, in the event that you insist on choosing your own courier, the risk due to loss or damage transfers to you upon pick-up of the product by the courier from the BOTM warehouse.

Please ensure that the courier can deliver the product. Delivery has occurred as soon as the product has been delivered to you for the first time. If the first attempt at delivery was unsuccessful, most couriers will leave a note in your mailbox in order to make a second appointment for delivery or will drop the package at a pick-up point near you. If after all reasonable attempts, delivery is unsuccessful due to your mistake or the mistake of the third party appointed by you to receive the product on your behalf, a new delivery is at your cost.

For security reasons and in case of uncertainties the courier may ask a proof of your identity or the identity of the person appointed by you to accept the delivery on your behalf.

BOTM cannot be held liable for any indirect damages (e.g. due to late delivery) caused by the courier. In such case the liability of BOTM is limited to the value of the product ordered.

Article 7: Right of withdrawal

You have the right to withdraw from the agreement within a period of fourteen (14) calendar days at no cost and without giving any reasons to do so (although we welcome your feedback).

The withdrawal period will expire

fourteen (14) calendar days after the date of the receipt of the product by you or by the third party appointed by you to receive the product on your behalf (not the courier).
In case of agreements with separate deliveries of products of the same order: fourteen (14) calendar days after the date of the receipt of the last product by you or a third party appointed by you to receive the product on your behalf (not the courier).
In case of agreements concerning the delivery of products that consists of different shipments or parts: fourteen (14) calendar days after the date of the receipt of the last shipment or last part by you or a third party appointed by you to receive the shipments on your behalf (not the courier).

To exercise the right of withdrawal, you must notify BOTM via Baby on the Move, The Quality Group BVBA, Nijverheidsstraat 21, 9100 Sint-Niklaas (Belgium), enterprise and VAT number BE 0682.473.093 in an unambiguous statement in writing (e.g. by post, e-mail info@babyonthemove.com or through the contact form on the website) about your decision to withdraw from the agreement within the withdrawal period.

You may use the attached template withdrawal form.

Within fourteen (14) calendar days from the day you notify BOTM of your decision to withdraw from the agreement, the product must be returned to BOTM, Nijverheidsstraat 21, 9100 Sint-Niklaas (Belgium).

The direct costs for returning the product shall be borne by you. Only products that are unused, returned in the original packaging, along with all accessories, instructions and proof of order or payment can be returned.

If the value of a returned product is reduced in any way, BOTM is entitled to demand compensation for each depreciation in value of the product due to your excessive use of the product (going beyond what is necessary in order to determine the nature, characteristics and operation of the product).

BOTM shall refund all payments received within a maximum of fourteen (14) calendar days of the date of the withdrawal notification and will inform you accordingly by email.

BOTM may await the reimbursement until all the products have been sent back, or until you have demonstrated that you have sent back the products, whichever is earliest.

BOTM shall repay you using the same means of payment as you used in the initial transaction, unless you explicitly agreed otherwise. In any case, you will not be charged any costs in connection with such repayment.

If BOTM refuses to accept your right of withdrawal, it will resend the products to you at your cost and risk and by indicating the reasons for doing so. BOTM may store the product at your expense as long as the costs related to such delivery are not paid.

You may not exercise the right of withdrawal for:

• the delivery of products manufactured according to your specifications or are clearly destined for a specific person.

• the delivery of products that spoil quickly or have a limited shelf life.

• the delivery of sealed products that are not suitable for return due to reasons of health or hygiene protection and where the seal has been broken after delivery.

• the delivery of products that are irrevocably mixed with other products after delivery due to the nature of the goods.

Article 8: Complaints and Warranty

Although we are committed to do a quality check and arrange the appropriate packaging for the product, you may have complaints regarding a product.

As soon as you – or the third party appointed by you to receive the product on your behalf – receive the product you should inspect the product.

Any visible damage to and/or qualitative deficiencies of a product or other deficiency in the delivery (e.g. not all products have been delivered) must be reported immediately (at least within 24 hours) by you to BOTM in writing.

If you would contact third parties for repair, the risk and costs are on you and the warranty will lapse.

You have a statutory warranty of two (2) years after the date of delivery to you.

Any deficiency must be reported to BOTM within two (2) months of detection. You must return the product within seven (7) calendar days thereafter. If you have not arranged as such, your rights will lapse.

Hidden deficiencies that manifest after a period of six (6) months from date of delivery shall not be deemed hidden deficiencies. As such you will need to prove that the deficiency existed on the moment of delivery.

The direct costs for returning the product shall be borne by you, unless the complaint is deemed valid, in which case the cost will be refunded. You are advised to retain the original packaging used for the products and include the accessories/documentation and proof of purchase or payment.

As far as possible or reasonable, you will have the choice between a repair or replacement by BOTM. Only if the repair or replacement is unreasonable or impossible or is not possible without reasonable delay, you have the right to ask for a reduction of the price or the termination of the agreement resulting in a repayment of maximum the amounts invoiced.

Lodging a complaint will not result in a suspension of your payment obligations.

Any additional costs resulting from you choosing a delivery method other than the cheapest standard delivery option offered by BOTM, will not be refunded.

The warranty is never applicable in case of deficiencies arising as a result of:

normal wear and tear
accidents, natural disasters, fire
negligence, bath faith
use of the product inconsistent with the purpose for which it was designed
failure to follow the operating instructions or manual
modifications or alterations to the product
rough usage
poor maintenance
or any other abnormal or incorrect use after delivery.

If BOTM refuses to accept your request, it will resend the products to you at your cost and risk and by indicating the reasons for doing so. BOTM may store the product at your expense as long as the costs related to such delivery are not paid.

Article 9: Protection of your personal data

The personal data given by you while making your order is necessary to process and complete your order. If the details are not provided, your order may be cancelled. Transferring incorrect or incomplete personal data constitutes a breach of these Terms and may in any case result in a late delivery of the product.

Your personal data will be processed in accordance with our privacy policy, which you need to accept before transferring your personal data.

You are also responsible for maintaining the confidentiality of your login information and the use of your password. Your password is stored in encrypted form and thus BOTM has no access to your password.

Article 10: Use of cookies

This website is using cookies. Reference is made to our cookie policy.

Article 11: Invalidity

If any provision of these Terms is declared invalid, illegal or void, it shall in no way affect the validity, legality and applicability of the other provisions.

Article 12: Waiver

Failure at any time by BOTM to enforce any of the rights set out in these Terms, or to exercise any equivalent right, shall never be deemed as a waiver of such provisions and will never invalidate these rights.

Article 14: Amendments to the Terms

These Terms may be supplemented by other terms and conditions of BOTM. In case of inconsistencies, the other terms and conditions will have precedence.

Article 15: Proof

You explicitly accept that the agreement can be made electronically.
You accept that electronic communications and other electronic files can be used as proof (such as email and back-up).

Article 16: Intellectual Property

All intellectual property right related to products and branding remains the property of BOTM at all times.

Article 17: Assignment

The agreements and obligations are non-assignable and nontransferable by BOTM or you without the prior written consent of the other.

Article 18: Applicable law – jurisdiction

Belgian laws apply to these Terms, with the exclusion of the terms of the United Nations Convention on Contracts for the International Sale of Goods (CISG), also known as the Vienna Convention.

In case of disputes, BOTM prefers an open discussion with an amicable settlement. In case such an amicable settlement would not be reached, the courts of the district of the registered office of BOTM will have exclusive jurisdiction.

As a consumer you also have the right to lodge a complaint to an independent dispute resolution body. For instance to the online dispute resolution-platform of the European Commission: http://ec.europa.eu/consumers/odr.

Article 19: Customer service

If you would have questions, remarks or complaints, BOTM customer service can be reached at info@babyonthemove.com or by mail at the following address Baby on the Move, The Quality Group BVBA, Nijverheidsstraat 21, 9100 Sint-Niklaas (Belgium) or through the online contact form on the website.

BOTM will answer you within ten (10) working days.

Appendix 1: Template – withdrawal form

You should only complete this form and return it should you want to withdraw from the agreement.

To Baby on the Move, The Quality Group, Nijverheidsstraat 21, 9100 Sint-Niklaas (Belgium), info@babyonthemove.com

I/We (*) hereby inform you that I/we (*) want to withdraw from the agreement concerning the sale of the following products:

Ordered on (*)/Received on (*):

Name/Names of consumer(s):

Address of consumer(s):

Reason for withdrawal (optional):

Signature of consumer(s) [only when this form will be submitted on paper]:

Date:

(*) = strike out what is not applicable.