AGB
Article 1 – Definitions
In these Terms and Conditions:
- Company: KIDDLY, trading under the name KIDDLY, established in the Netherlands.
- Consumer: the natural person who is not acting in the course of a profession or business and who enters into a distance contract with the Company.
- Distance contract: a contract concluded between the Company and the Consumer within the framework of a system for distance sales of products, whereby up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication.
- Durable data carrier: any means that enables the Consumer or the Company to store information personally addressed to them in such a way that it can be consulted later and reproduced unaltered.
- Right of withdrawal: the Consumer’s option to withdraw from the distance contract within the statutory period of 14 days.
- Means of distance communication: any method that can be used to conclude a contract without the Consumer and the Company being physically present at the same time.
- Product: the physical item offered by KIDDLY, such as baby carriers, bags and accessories, intended for personal use.
- Day: calendar day.
Article 2 – Identity of the Company
KIDDLY
Established in the Netherlands
E-mail: info@kiddly.nl
Website: www.kiddly.nl
Chamber of Commerce (KvK) registration number: [insert number]
VAT identification number: [insert number]
Article 3 – Applicability
- These General Terms and Conditions apply to every offer made by KIDDLY and to every distance contract concluded between KIDDLY and the Consumer.
- Before the distance contract is concluded, the text of these Terms and Conditions will be made available to the Consumer in such a way that it can be easily stored on a durable data carrier.
- If any provision of these Terms and Conditions is void or annulled, the remaining provisions shall remain fully in force.
- Deviations from these Terms and Conditions are only valid if agreed upon in writing between the parties.
Article 4 – The Offer
- The offer contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the Consumer to make a proper assessment of the offer.
- Obvious errors or mistakes in the offer do not bind KIDDLY.
- Each offer includes clear information regarding the rights and obligations arising from the acceptance of the offer, including:
- the price including VAT;
- any shipping costs;
- the manner in which the contract will be concluded;
- the payment, delivery, and execution procedures;
- the applicability of the right of withdrawal.
Article 5 – Conclusion of the Contract
- The presentation of products on the website does not constitute a legally binding offer.
- The contract is concluded when the Consumer places an order and KIDDLY confirms the order electronically or dispatches the products.
- KIDDLY reserves the right to refuse or cancel orders, or to request additional information, for example in cases of insufficient stock, payment issues, or obvious pricing or product description errors.
Article 6 – Right of Withdrawal
- The Consumer has the right to withdraw from the contract within 14 days of receiving the product, without giving any reason.
- During this period, the Consumer must handle the product and its packaging with care. The product may only be inspected as it would be in a physical store. Using the product, such as carrying a child in the baby carrier, is not permitted if the Consumer intends to return it.
- To exercise the right of withdrawal, the Consumer must send an unambiguous declaration via e-mail to info@kiddly.nl within the withdrawal period.
- Upon receipt of the withdrawal request, KIDDLY will provide the Consumer with return instructions and a return label. The specific return address will be communicated only after approval of the return request.
- Return shipping costs are at the Consumer’s expense unless otherwise stated or agreed.
- After receiving and inspecting the returned product, KIDDLY will refund the purchase price (excluding return costs) within 14 days using the same payment method that was used for the original transaction.
- If the returned product shows signs of use or damage, KIDDLY reserves the right to deduct any loss in value from the refund.
Article 7 – Prices and Payment
- All prices displayed on the website include VAT and any applicable charges within the European Union.
- Payments must be made using one of the payment methods offered on the website.
- Ownership of the products remains with KIDDLY until full payment has been received.
Article 8 – Delivery and Execution
- Delivery takes place at the address provided by the Consumer, within the European Union.
- KIDDLY aims to deliver orders within 30 days, unless a different delivery period has been agreed.
- If delivery is delayed, the Consumer will be notified as soon as possible. In that case, the Consumer is entitled to terminate the contract free of charge.
- If a product is no longer available, KIDDLY may offer a replacement product. The right of withdrawal remains applicable, and any return costs for the replacement item are borne by KIDDLY.
- The risk of loss or damage to the products passes to the Consumer once the products have been physically received by the Consumer or a third party designated by them.
- If the Consumer chooses delivery to a designated place (such as “leave at the front door” or “behind the house”), the risk transfers at the moment the parcel is placed at the agreed location.
Article 9 – Warranty and Conformity
- KIDDLY guarantees that the products comply with the contract, the specifications stated in the offer, and the reasonable requirements of reliability and usability.
- If the delivered product does not meet the contract, the Consumer must notify KIDDLY in writing at info@kiddly.nl within a reasonable period after discovery.
- KIDDLY will assess the claim and, if appropriate, offer repair, replacement, or a refund.
Article 10 – Liability
- The Consumer is responsible for using the products correctly and in accordance with KIDDLY’s safety and user instructions.
- KIDDLY is not liable for damage resulting from misuse of the products or non-compliance with the provided instructions.
- KIDDLY’s liability is limited to the amount paid by the Consumer for the product in question.
Article 11 – Complaints Procedure
- Complaints about the execution of the contract must be submitted in writing and with a clear description via info@kiddly.nl within a reasonable time after the defect is discovered.
- KIDDLY will respond to the complaint within 14 days of receipt. If a complaint requires more time, KIDDLY will acknowledge receipt and indicate when the Consumer can expect a detailed response.
Article 12 – Purchases for Personal Use Only
Purchases made via the KIDDLY webshop are intended for personal use by consumers. The resale or rental of products purchased through the webshop for commercial purposes is not permitted. For wholesale or partnership inquiries, please contact KIDDLY directly.
Article 13 – Written Communication
Wherever these Terms and Conditions refer to “written communication,” this also includes email correspondence, provided the sender’s identity and message integrity can be reasonably established.
Article 14 – Taxes and Duties
- All prices on the website are shown including VAT within the European Union.
- KIDDLY currently delivers only within the EU.
- If in the future KIDDLY delivers outside the EU, import duties, local taxes, and customs clearance fees may apply. These costs are at the Consumer’s expense and will not be reimbursed in case of returns.
Article 15 – Applicable Law and Jurisdiction
- All agreements between KIDDLY and the Consumer are governed exclusively by Dutch law.
- Any disputes arising from or relating to these agreements shall be submitted exclusively to the competent court in Amsterdam, the Netherlands.
