General terms and conditions

Updated: 1 January 2019

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

Grace period: The period within which the buyer can make use of his right of withdrawal;
Buyer: the natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuing performance contract: a distance contract relating to a series of products and/or services, for which the obligation to supply and/or purchase is spread over time;
Durable data carrier: any means that enables the purchaser or entrepreneur to store information addressed to him personally in a way that allows for future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the buyer to withdraw from the distance contract within the cooling-off period;
Model form: the model form for withdrawal which the trader makes available and which a customer may fill in if he wishes to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to customers from a distance;
Distance contract: an agreement whereby sole use is made of one or more techniques for distance communication within the framework of a system organised by the trader for the distance sale of products and/or services, up to and including the moment that the agreement is concluded;
Technology for remote communication: means that can be used for concluding an agreement, without the customer and entrepreneur being together in the same room at the same time.
General Terms and Conditions: the present General Terms and Conditions of the Entrepreneur.

Article 2 - Identity of the entrepreneur

Birthsupport

Unescoweg 1

9636HP Zuidbroek

050 751 85 60

info@birthsupport.eu

Chamber of Commerce number: 62905384

BTW-identificatienummer: NL193938728B01

Article 3 - Applicability

These General Terms and Conditions apply to every offer made by the Entrepreneur and to every distance contract and order concluded between the Entrepreneur and the Customer.
Before the remote agreement is concluded, the text of these general terms and conditions shall be made available to the customer. If this is not reasonably possible, prior to the conclusion of the remote agreement, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur's premises and that they will be sent to the customer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer electronically, in such a way that the customer can easily store them on a durable data carrier. If this is not reasonably possible, before the agreement at a distance is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent to the customer free of charge, at his request, either electronically or in some other way.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general terms and conditions, the customer may always rely on the applicable provision which is the most favourable to him.
If one or more provisions in these general terms and conditions are null and void or annulled in part or in full at any time, the agreement and these terms and conditions will remain in force for the rest and the provision in question will be replaced without delay, in mutual consultation, by a provision that approximates the meaning of the original provision as closely as possible.
Situations not regulated by these general terms and conditions are to be assessed 'in the spirit' of these general terms and conditions.
Any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted "in the spirit" of these terms and conditions.

Article 4 - The offer

If an offer is of limited duration or is made subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adapt the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the customer to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot be a reason for compensation or dissolution of the contract.
Images of products are a true representation of the products offered. The Entrepreneur cannot guarantee that the colours shown correspond exactly to the actual colours of the products.
Each offer contains such information that it is clear to the customer what rights and obligations are attached to accepting the offer. This applies in particular:
- the price including taxes;
- any costs of shipment;
- the way in which the agreement will be brought about and what actions are required for this;
- the applicability or otherwise of the right of withdrawal;
- the method of payment, delivery and execution of the agreement;
- The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
- the level of the rate of distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
- whether the agreement is archived after its conclusion and, if so, in what way it can be consulted by the customer;
- The manner in which the Customer may, prior to the conclusion of the Agreement, check the data provided by him within the framework of the Agreement and, if required, correct them;
- any other languages besides Dutch in which the agreement may be concluded;
- the codes of conduct to which the entrepreneur is subject and the way in which the client can consult these codes of conduct electronically; and
- the minimum duration of the distance contract in the case of an extended transaction.

Article 5 - The Agreement

Subject to the provisions of paragraph 4, the agreement comes into effect when the customer accepts the offer and fulfils the conditions set out therein.
If the customer has accepted the offer electronically, the entrepreneur shall immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the customer can dissolve the agreement.
If the agreement is created electronically, the entrepreneur will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a safe web environment. If the customer can pay electronically, the entrepreneur will take appropriate safety measures.
The entrepreneur can - within legal frameworks - inform himself of the customer's ability to meet his payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the remote agreement. If, on the basis of this investigation, the entrepreneur has good reason not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation.
The entrepreneur shall send the following information with the product or service to the customer, in writing or in such a way that the customer can store it in an accessible manner on a durable data carrier:
- the visiting address of the Entrepreneur's business establishment where the Customer can lodge complaints;
- the conditions under which and the way in which the Customer may exercise the right of withdrawal, or a clear statement concerning the exclusion of the right of withdrawal;
- the information on guarantees and existing after-sales services;
- the data included in article 4, paragraph 3 of these terms and conditions, unless the entrepreneur has already provided these data to the customer before the execution of the agreement;
- the requirements for cancelling the agreement if the agreement has a duration of more than one year or is indefinite.

In the event of an extended transaction, the provision in the previous paragraph shall apply only to the first delivery.
Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

In case of sale:

When purchasing products, the customer has the option of dissolving the contract without giving reasons for a period of 14 days. This cooling-off period commences on the day after receipt of the product by the customer or by a representative designated by the customer and made known to the entrepreneur.
During the cooling-off period, the buyer will treat the product and its packaging with care. He will only unpack or use the product to the extent necessary to judge whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all 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.
If the Customer wishes to make use of its right of withdrawal, it is obliged to inform the Entrepreneur of this within 14 days of receiving the product. The Customer must make this known by means of the model form. After the customer has made known that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The customer must prove that the delivered goods have been returned on time, for example by means of a proof of posting.
If, after the expiry of the periods specified in paragraphs 2 and 3, the customer has not made known his intention to make use of his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 - Costs in the event of withdrawal

If the customer makes use of his right of withdrawal, he shall bear no more than the costs of return shipment.
If the customer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days after the withdrawal. This is subject to the condition that the product has already been received by the merchant or that conclusive proof of its return can be provided.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the customer's right of withdrawal for products as described in section 2 and 3. The exclusion of the right of withdrawal shall only apply if the Entrepreneur clearly stated this fact when making the offer, or at least in good time prior to concluding the contract.
Exclusion of the right of withdrawal is only possible for products:
- that have been created by the entrepreneur in accordance with the client's specifications;
- which are clearly personal in nature;
- which cannot be returned due to their nature;
- which may deteriorate or age rapidly;
- whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the customer has broken the seal.
- for hygienic products of which the customer has broken the seal.
Exclusion of the right of withdrawal is only possible for services:

concerning accommodation, transport, catering or leisure activities to be performed on a certain date or during a certain period;
of which the delivery has started with the express consent of the customer before the period for reflection has expired;
on betting and lotteries.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur's control, at variable prices. This link to fluctuations and the fact that any prices mentioned are recommended prices will be mentioned with the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
- they are the result of statutory regulations or provisions; or
- the customer is authorised to terminate the agreement with effect from the day on which the price increase takes effect.

The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of misprints and typesetting errors. In the event of misprints, the Entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Compliance and Warranty

The trader guarantees 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 provisions and/or government regulations that existed on the date that the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the customer may assert against the entrepreneur on the basis of the agreement.
Any defects or wrongly delivered products must be reported to the entrepreneur in writing within 2 days of delivery. The products must be returned in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the customer, nor for any advice regarding the use or application of the products.
The guarantee does not apply if:
- The customer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
- The delivered products have been exposed to abnormal conditions or have otherwise been handled carelessly or contrary to the instructions of the entrepreneur and/or on the packaging;
- The inadequacy is wholly or partially the result of regulations which the government has laid down or will lay down with regard to the nature or quality of the materials used.

Article 11 - Delivery and execution

The entrepreneur will take the greatest possible care when receiving and carrying out orders for products and when assessing applications for the provision of services.
The place of delivery shall be the address which the purchaser has given to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless the buyer has agreed to a longer delivery period. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Buyer will be informed about this within 30 days after he has placed the order. In that case, the buyer has the right to dissolve the agreement without costs. The buyer is not entitled to any compensation.
All delivery dates are indicative. The purchaser may not derive any rights from any delivery dates stated. Exceeding a term does not entitle the buyer to compensation.
In the event of dissolution in accordance with paragraph 3 of this article, the trader will refund the amount paid by the purchaser as quickly as possible, but at the latest within 14 days of dissolution.
If delivery of an ordered product turns out to be impossible, the entrepreneur will make an effort to provide a replacement article. The fact that a replacement article is being delivered will be reported in a clear and comprehensible manner, at the latest upon delivery. The right of withdrawal cannot be excluded with replacement articles. The cost of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the Entrepreneur up to the moment of delivery to the Buyer or a representative designated in advance and announced to the Entrepreneur, unless explicitly agreed otherwise.
We assume that the pool is used with care and that the recommendations are followed. In the unlikely event that the bath becomes defective or unusable, we will charge an excess of 100 euros.
The buyer is personally responsible for the use of the bath. Birthsupport is indemnified at all times against material and/or immaterial damage resulting from the use of the birthing pool.
The purchaser applies the product only locally and offers it to his own clients. Nationwide commercial rental and/or resale is not permitted.

Article 12 - Continuing transactions: duration, termination and renewal

Termination

The customer may terminate an agreement entered into for an indefinite period of time and which provides for the regular supply of products (including electricity) or services at any time subject to the agreed termination rules and a notice period of no more than one month.
The customer may terminate a fixed-term agreement that was entered into for the regular supply of products (including electricity) or services at any time at the end of the fixed-term with due observance of the agreed termination rules and a period of notice that does not exceed one month.
The customer may cancel the agreements mentioned in the previous paragraphs:
- at any time and shall not be limited to termination at a specific time or during a specific period;
- at least in the same manner as they were entered into by him;
- Always terminate the contract with the same notice period that the entrepreneur has stipulated for himself.

Extension

A contract for a definite period of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
Contrary to the previous paragraph, an agreement entered into for a definite period of time and which extends to the regular delivery of daily or weekly newspapers and magazines, may be tacitly extended for a definite period of time of no more than three months, if the customer can terminate this extended agreement towards the end of the extension with a notice period of no more than one month.
An agreement entered into for a definite period of time, which extends to the regular delivery of products or services, may only be tacitly extended for an indefinite period of time if the customer is at all times allowed to terminate with a notice of up to one month and a notice of up to three months if the agreement extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
An agreement with a limited duration for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall end automatically at the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the customer may terminate the contract after one year at any time with a notice period of up to one month, unless reasonableness and fairness dictate otherwise.

Article 13 - Payment

Unless otherwise agreed, the amounts owed by the customer should be paid within 7 working days after the start of the reflection period as referred to in Article 6.1. In case of an agreement to provide a service, this period starts after the customer has received the confirmation of the agreement.
The Customer is obliged to report any inaccuracies in payment data provided or stated to the Entrepreneur without delay.
In the event of non-payment by the customer, and subject to legal restrictions, the entrepreneur is entitled to charge the customer for any reasonable costs made known to the customer in advance.

Article 14 - Complaints procedure

The entrepreneur has a sufficiently publicised complaints procedure and deals with the complaint in accordance with this complaints procedure.
Complaints about the execution of the contract must be submitted to the entrepreneur within 7 days, fully and clearly described, after the customer has found the defects.
Complaints submitted to the entrepreneur shall be answered within a period of 14 days, calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication of when the customer can expect a more detailed answer.
If the complaint cannot be solved by mutual agreement, a dispute arises.
A complaint does not suspend the Entrepreneur's obligations, unless the Entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the trader, the trader will, at his discretion, either replace or repair the delivered products free of charge.

Article 15 - Disputes

Contracts between the entrepreneur and the customer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the client lives abroad.
The Vienna Sales Convention shall not apply.