Terms of service

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: the period within which the consumer may exercise their right of withdrawal.
  2. Consumer: a natural person who is not acting in the course of a profession or business and enters into a distance contract with the trader.
  3. Day: calendar day.
  4. Continuing transaction: a distance contract relating to a series of products and/or services, under which the delivery and/or purchase obligation is spread over time.
  5. Durable medium: any means enabling the consumer or trader to store information addressed personally to them in a way that permits future consultation and unchanged reproduction of the stored information.
  6. Right of withdrawal: the consumer's option to withdraw from the distance contract within the cooling-off period.
  7. Trader: the natural or legal person offering products and/or services to consumers at a distance.
  8. Distance contract: a contract under which, within a system organised by the trader for the distance sale of products and/or services, exclusive use is made of one or more means of distance communication up to and including the conclusion of the contract.
  9. Means of distance communication: a means that can be used to conclude a contract without the consumer and trader being physically present in the same place at the same time.
  10. General Terms and Conditions: these General Terms and Conditions of the trader.

Article 2 – Identity of the trader

Company name: Dropfactory078

Based in: Zwijndrecht

Email: info@babymaya.nl

Chamber of Commerce number: 99362716

VAT identification number: NL005382809B84

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the trader and to every distance contract and order concluded between the trader and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the consumer will be informed before the contract is concluded where the terms can be inspected at the trader's premises and that they will be sent free of charge on request.
  3. If the distance contract is concluded electronically, notwithstanding paragraph 2, the text of these general terms and conditions may be provided electronically in such a way that the consumer can easily store it on a durable medium.
  4. If specific product or service terms also apply in addition to these general terms and conditions, paragraphs 2 and 3 apply accordingly. In the event of a conflict, the consumer may rely on the provision most favourable to them.
  5. If one or more provisions of these terms are wholly or partly void or annulled, the contract and the remaining terms will remain in force. The provision concerned will be replaced by a provision that most closely reflects the purpose of the original provision.
  6. Situations not covered by these terms and ambiguities concerning the interpretation of provisions will be assessed and interpreted in the spirit of these terms.

Article 4 – The offer

  1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated.
  2. The offer is non-binding. BabyMaya is entitled to amend and adjust the offer.
  3. The offer contains a complete and accurate description of the products and/or services offered, in sufficient detail to enable the consumer to assess them properly. Images are a faithful representation; obvious mistakes or errors do not bind the trader.
  4. All images, specifications and information are indicative and cannot give rise to compensation or termination. BabyMaya cannot guarantee that displayed colours exactly match the actual colours of the products.
  5. The offer clearly states the rights and obligations associated with acceptance, in particular:
    • the price, excluding customs clearance costs and import VAT; these additional costs and any amounts collected by the postal or courier service are payable by the recipient;
    • any shipping costs;
    • how the contract is concluded and the actions required;
    • whether the right of withdrawal applies;
    • the method of payment, delivery and performance;
    • the period for accepting the offer or the period during which the price is guaranteed;
    • the cost of distance communication if it differs from the basic rate;
    • whether the contract will be archived and, if so, how the consumer can consult it;
    • how the consumer can check and correct the information they have provided before concluding the contract;
    • any other languages available besides Dutch;
    • the codes of conduct to which BabyMaya is subject and how they can be consulted electronically;
    • the minimum duration of a continuing transaction;
    • where applicable, available sizes, colours and materials.

Article 5 – The contract

  1. The contract is concluded when the consumer accepts the offer and fulfils the conditions attached to it.
  2. If the consumer has accepted the offer electronically, BabyMaya will promptly confirm receipt of the acceptance electronically. Until receipt has been confirmed, the consumer may terminate the contract.
  3. For a contract concluded electronically, BabyMaya will take appropriate technical and organisational measures to secure electronic data transfers and ensure a secure web environment. Appropriate security measures will be observed for electronic payments.
  4. Within the limits of the law, BabyMaya may investigate whether the consumer can meet their payment obligations and all facts and factors relevant to responsibly entering into the contract. If there are sound grounds, BabyMaya may refuse an order with reasons or attach special conditions.
  5. BabyMaya will include the following information with the product or service, on paper or in a durable electronic form:
    • the visiting address where the consumer can submit complaints;
    • the conditions and method for exercising the right of withdrawal, or a clear statement if it is excluded;
    • information about guarantees and existing after-sales service;
    • the information referred to in Article 4, paragraph 5, insofar as not already provided;
    • the termination requirements if the contract lasts longer than one year or is of indefinite duration.
  6. For a continuing transaction, paragraph 5 applies only to the first delivery.
  7. Every contract is entered into subject to the condition precedent that the products concerned are sufficiently available.

Article 6 – Right of withdrawal

  1. When purchasing products, the consumer has the right to terminate the contract within 14 days without giving reasons. This period begins on the day after receipt by the consumer or their designated representative.
  2. During the cooling-off period, the consumer will handle the product and packaging carefully and unpack or use the product only to the extent necessary to establish its nature, characteristics and functioning. On withdrawal, the consumer will return the product with all accessories and, if reasonably possible, in its original condition and packaging, in accordance with BabyMaya's reasonable, clear instructions.
  3. The consumer must notify BabyMaya in writing by email within 14 days of receipt that they are exercising their right of withdrawal and then return the product within 14 days. The consumer must provide proof of timely return, for example a shipping receipt.
  4. If the consumer does not withdraw or return the product in time, the purchase is final.

Article 7 – Costs in the event of withdrawal

  1. If the right of withdrawal is exercised, return costs are payable by the consumer.
  2. BabyMaya will reimburse amounts already paid as soon as possible, but no later than 14 days after withdrawal, provided that the product has been received or the consumer has supplied conclusive proof of complete return.

Article 8 – Exclusion of the right of withdrawal

  1. BabyMaya may exclude the right of withdrawal for the products and services listed below, provided this is clearly stated in the offer or at least in good time before the contract is concluded.
  2. Exclusion is possible for products:
    • made to the consumer's specifications;
    • that are clearly personal in nature;
    • that cannot be returned due to their nature;
    • that may perish or become outdated quickly;
    • whose price depends on fluctuations in the financial market beyond BabyMaya's control;
    • individual newspapers and magazines;
    • audio and video recordings and computer software whose seal has been broken;
    • hygiene products whose seal has been broken.
  3. Exclusion is possible for services:
    • relating to accommodation, transport, restaurant services or leisure activities on a specific date or during a specific period;
    • whose supply has begun with the consumer's express consent before the end of the cooling-off period;
    • relating to betting and lotteries.

Article 9 – Price

  1. During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for changes resulting from changes in VAT rates.
  2. Notwithstanding paragraph 1, BabyMaya may offer products or services at variable prices where those prices are linked to fluctuations in the financial market beyond BabyMaya's control. In that case, it will be stated that the prices shown are indicative.
  3. Price increases within 3 months after conclusion of the contract are permitted only if they result from statutory regulations or provisions.
  4. Price increases from 3 months after conclusion of the contract are permitted only if this has been agreed and:
    • they result from statutory regulations or provisions; or
    • the consumer may terminate the contract from the date on which the price increase takes effect.
  5. In accordance with Article 5, paragraph 1 of the Dutch Turnover Tax Act 1968, the place of supply is the country where transport begins. Delivery takes place outside the EU. On import, the postal or courier service will collect import VAT and/or customs clearance costs from the buyer. BabyMaya therefore does not charge VAT.
  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of such errors. In the event of printing or typographical errors, BabyMaya is not obliged to supply the product at the incorrect price.

Article 10 – Conformity and guarantee

  1. BabyMaya guarantees that the products and/or services comply with the contract, the specifications stated in the offer, reasonable requirements of quality and/or usability, and the statutory provisions and regulations in force on the date the contract is concluded. If agreed, BabyMaya also guarantees that the product is suitable for uses other than normal use.
  2. A guarantee provided by BabyMaya, the manufacturer or the importer does not affect the consumer's statutory rights and claims.
  3. Any defects or incorrectly delivered products must be reported in writing within 14 days of delivery. Products must be returned in their original packaging and in new condition.
  4. BabyMaya's guarantee period corresponds to the manufacturer's guarantee period. BabyMaya is never responsible for ultimate suitability for individual applications by the consumer, nor for advice concerning the use or application of products.
  5. The guarantee lapses if:
    • the consumer has repaired or modified the products themselves or had this done by third parties;
    • the products have been exposed to abnormal conditions, handled carelessly or used contrary to instructions;
    • the defect is wholly or partly caused by government regulations concerning the nature or quality of the materials used.

Article 11 – Delivery and performance

  1. BabyMaya will exercise the greatest possible care when receiving and fulfilling orders.
  2. The place of delivery is the address communicated by the consumer to BabyMaya.
  3. Orders will be fulfilled as soon as possible, and no later than within 30 days, unless a longer delivery period has been agreed. If delivery is delayed or cannot be completed in full, the consumer will be notified within 30 days at the latest. In that case, the consumer may terminate free of charge and is entitled to reimbursement within 14 days.
  4. If delivery of an ordered product proves impossible, BabyMaya will endeavour to supply a replacement item. If a replacement is supplied, this will be clearly stated. Return costs for a replacement are payable by BabyMaya.
  5. The risk of damage and/or loss of products remains with BabyMaya until delivery to the consumer or their representative, unless expressly agreed otherwise.

Article 12 – Continuing transactions: duration, termination and renewal

Termination

  1. The consumer may terminate an indefinite-term contract for the regular supply of products or services at any time, subject to a notice period of no more than one month.
  2. The consumer may terminate a fixed-term contract for the regular supply of products or services at the end of its fixed duration, subject to a notice period of no more than one month.
  3. The consumer may always terminate the contracts referred to in paragraphs 1 and 2:
    • at any time, without being limited to a specific time or period;
    • in the same way as they were entered into;
    • with the same notice period that BabyMaya has stipulated for itself.

Renewal

4. A fixed-term contract may not be tacitly extended or renewed, except for:

  • subscriptions to daily, news and weekly newspapers or magazines that are tacitly renewed for a maximum of three months, with a notice period of one month;
  • contracts tacitly extended for an indefinite period, where the consumer may terminate at any time with a notice period of no more than one month, or three months if delivery takes place less than once a month.

5. Trial or introductory subscriptions end automatically after the agreed period.

Duration

6. If a contract lasts longer than one year, the consumer may terminate at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude this.

Article 13 – Payment

  1. Unless agreed otherwise, amounts owed by the consumer must be paid within 7 working days after the cooling-off period begins (Article 6, paragraph 1). For a service, the period begins after confirmation of the contract.
  2. The consumer must promptly report inaccuracies in payment details provided or stated.
  3. In the event of non-payment, BabyMaya is entitled, subject to statutory restrictions, to charge the consumer reasonable collection costs.

Article 14 – Complaints procedure

  1. Complaints about performance of the contract must be submitted to BabyMaya in writing within 7 days of discovery, with a full and clear description.
  2. The consumer will receive a response within 14 days after receipt of the complaint. If handling requires more time, the consumer will receive an acknowledgement within 14 days indicating the expected timeframe.
  3. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  4. A complaint does not suspend the consumer's obligations unless BabyMaya states otherwise in writing.
  5. If a complaint is found to be justified, BabyMaya will, at its discretion, replace or repair the products free of charge.

Article 15 – Disputes

Contracts between BabyMaya and the consumer to which these terms relate are governed exclusively by Dutch law, even if the consumer lives abroad.

Article 16 – CESOP

In connection with the measures introduced from 2024 concerning the Act amending the Dutch Turnover Tax Act 1968 (implementation of the Payment Services Directive) and the implementation of the Central Electronic System of Payment Information (CESOP), payment service providers may register data in the European CESOP system.