Terms and Conditions

Commaxx BV

Registered address:

Wiebachstraat 37
6466 NG Kerkrade

Email address:

service@alectobaby.nl

Chamber of Commerce number:

63777002

VAT number:

NL855396763B01

6.1

If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.

6.2

The offer is without obligation. Commaxx BV is entitled to change and adapt the offer.

6.3

The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If Commaxx BV uses images, these are a true representation of the offered products, services, and/or digital content. Obvious mistakes or errors in the offer do not bind Commaxx BV.

6.4

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.

6.5

Commaxx BV cannot guarantee that the displayed colors exactly match the real colors of the products.

6.6

Each offer contains information in such a way that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer.

7.1

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 out therein.

7.2

If the consumer has accepted the offer electronically, Commaxx BV immediately confirms receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Commaxx BV, the consumer may dissolve the agreement.

7.3

If the agreement is concluded electronically, Commaxx BV takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, Commaxx BV will take appropriate security measures for this purpose.

7.4

Commaxx BV can - within legal frameworks - inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, Commaxx BV has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its implementation.

7.5

Commaxx BV will send the following information, in writing or in such a way that it can be stored by the consumer in a readily accessible manner on a durable medium, with the product or service to the consumer:

a. the visitation address of the establishment of Commaxx BV where the consumer can address complaints;
b. 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;
c. information about guarantees and existing after-sales service;
d. the data mentioned in article 4 paragraph 3 of these conditions, unless Commaxx BV has already provided this information to the consumer before the execution of the agreement;

7.6

In the case of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.

7.7

Every agreement is concluded subject to the suspensive condition of sufficient availability of the relevant products.

8.1

In the case of the purchase of products, the consumer has the option to dissolve the agreement without giving any reasons within 30 days. This reflection period starts on the day after the consumer receives the product or a representative designated by the consumer and announced to Commaxx BV in advance.

8.2

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to determine the nature, characteristics, and operation of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

8.3

The consumer is only liable for any depreciation of the product resulting from a way of handling the product that goes beyond what is permitted in article 8.2.

8.4

If the consumer exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to Commaxx BV, in accordance with the reasonable and clear instructions provided by Commaxx BV.

8.5

To exercise the right of withdrawal, you must inform us, Commaxx BV, of your decision to withdraw from the agreement by means of an unequivocal statement. You can use the attached withdrawal form for this purpose. To comply with the withdrawal period, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired. When the consumer wishes to exercise his right of withdrawal, he is obliged to do so within 30 days, after receipt of the product, to notify Commaxx BV. The consumer can notify this by using our return program. After the consumer has made known that he wishes to make use of his right of withdrawal, the consumer must return the product within 30 days. The consumer must prove that the goods have been returned on time, for example by means of proof of dispatch. Returns can also be reported via the model withdrawal form. Download the model form.

8.6

If the customer has not indicated within the periods mentioned in the preceding paragraphs of this article that he wishes to make use of his right of withdrawal, the purchase is a fact.

9.1

If the consumer makes use of his right of withdrawal, Commaxx BV bears the costs.

9.2

If the consumer has paid an amount, Commaxx BV will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been received back by the online retailer or that conclusive evidence of complete return can be provided. Repayment will be made using the same payment method used by the consumer, unless the consumer expressly agrees to another payment method.

9.3

In the event of damage to the product due to careless handling by the consumer himself, the consumer is liable for any depreciation of the product.

9.4

The consumer cannot be held liable for any depreciation of the product if Commaxx BV has not provided all legally required information about the right of withdrawal, this must be done before the conclusion of the purchase agreement.

10.1

Commaxx BV can exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal applies only if Commaxx BV has clearly stated this in the offer, at least in good time before the conclusion of the agreement.

10.2

Excluded from the right of withdrawal is a consumer purchase that relates to the delivery of:

a. Products that are manufactured according to your specifications, which are not prefabricated and which are manufactured on the basis of your individual choice or decision, or which are clearly intended for a specific person.
b. Products whose price is tied to fluctuations in the financial market over which we have no influence and which may occur within the withdrawal period;
c. Products that spoil quickly or have a limited shelf life.
d. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
e. Products that are irrevocably mixed with other products after delivery by their nature;
f. Alcoholic beverages for which the price was agreed upon at the time of the conclusion of the Purchase Agreement, but which can only be delivered after 30 days, and whose actual value depends on fluctuations in the market over which we have no influence;
g. Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
h. Newspapers, magazines, or magazines, with the exception of an agreement for the regular delivery of such publications (a subscription);

11.1

During the validity period mentioned in the offer, the prices of the offered products will not be increased, except for price changes due to changes in VAT rates.

11.2

Notwithstanding the previous paragraph, Commaxx BV may offer products or services with variable prices in the case of products or services whose prices are subject to fluctuations in the financial market and over which Commaxx BV has no influence. These fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.

11.3

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

11.4

Price increases from 3 months after the conclusion of the agreement are only permitted if Commaxx BV has stipulated this and:

a. these are the result of statutory regulations or provisions; or
b. the consumer has the right to terminate the agreement from the day the price increase takes effect.

11.5

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

12.1

Commaxx BV guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

12.2

Any defects or incorrectly delivered products must be reported to Commaxx BV in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.

12.3

The warranty period of Commaxx BV corresponds to the manufacturer's warranty period. However, Commaxx BV is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

12.4

For the full warranty provisions, please refer to our CONSUMER WARRANTY TERMS.

13.1

Commaxx BV will exercise the greatest possible care when receiving and executing orders for products.

13.2

The consumer's address as provided to Commaxx BV shall be deemed the place of delivery.

13.3

Subject to the provisions of paragraph 4 of this article, Commaxx BV will execute accepted orders expeditiously but no later than within 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be notified no later than 30 days after placing the order.

13.4

In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.

13.5

All delivery times are indicative. The consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to compensation.

13.6

In the event of dissolution in accordance with paragraph 3 of this article, Commaxx BV will refund the amount paid by the consumer as soon as possible, but no later than within 14 days after dissolution.

13.7

If it appears that delivery of a ordered product is impossible, Commaxx BV will endeavor to make a replacement item available. It will be clearly and comprehensibly communicated at the time of delivery that a replacement item will be provided. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment will be borne by Commaxx BV.

13.8

The risk of damage and/or loss of products rests with Commaxx BV until the time of delivery to the consumer or a designated representative previously made known to and accepted by Commaxx BV, unless expressly agreed otherwise.

14.1

All correspondence will be via email, including but not limited to invoices and any payment reminders.

14.2

The consumer is required to provide an email address to Commaxx BV where they can receive emails; any changes to this must be immediately communicated to Commaxx BV in the manner prescribed by Commaxx BV.

14.3

Emails sent by Commaxx BV to the email address provided by the consumer are deemed received by the consumer.

15.1

Goods delivered by Commaxx BV to the consumer remain our property until they have been fully paid for, including any interest and costs.

15.2

To the extent that Commaxx BV can invoke the retention of title, it may reclaim the relevant goods from the consumer at any time.

15.3

The consumer is not authorized to pledge or encumber goods falling under the retention of title of Commaxx BV in any other way.

16.1

Dutch law applies exclusively to all agreements between Commaxx BV and the consumer and to all offers from www.alectobaby.nl to the consumer, even if an agreement is wholly or partially executed abroad or if the party involved in the legal relationship resides there.

16.2

The Vienna Sales Convention does not apply.

16.3

All disputes arising from the agreements and offers mentioned in the preceding paragraph will be submitted to the competent court in the District of Limburg.