General terms and conditions Webshop

Introduction

Below you will find our General Terms and Conditions. These always apply when you use or place an order via our Website. The General Terms and Conditions contain important information for you as a buyer. Therefore, read this carefully. We also recommend that you save or print these conditions so that you can read them again at a later time.

1. Definitions
   1. Bailaluna: located in Wijchen and registered with the Chamber of Commerce under registration number 90546350, trading under the name Bailaluna.
   2. Website: the Bailaluna website, which can be consulted via www.bailaluna.nl and all associated subdomains.
   3. Customer: the natural person who, not acting in the exercise of a profession or business, enters into an Agreement with Bailaluna and/or has registered on the Website.
   4. Agreement: any arrangement or agreement between Bailaluna and the Customer, of which agreement the General Terms and Conditions form an integral part.
   5. Terms and Conditions: the present General Terms and Conditions.
2. Applicability of General Terms and Conditions
   1. The General Terms and Conditions apply to all offers, Agreements and deliveries from Bailaluna, unless expressly agreed otherwise in writing.
   2. If the Customer includes provisions or conditions in his order, confirmation or communication implying acceptance that deviate from or do not appear in the General Terms and Conditions, these are only binding for Bailaluna if and insofar as they have been expressly accepted in writing by Bailaluna.
   3. In the event that specific product or service conditions apply in addition to these General Terms and Conditions, those conditions also apply, but in the event of conflicting conditions, the Customer can always rely on the applicable provision that is most favorable to him.
3. Prices and information
   1. All prices stated on the Website and in other materials originating from Bailaluna include VAT and, unless stated otherwise on the Website, other levies imposed by the government.
   2. If shipping costs are charged, this will be stated clearly in a timely manner before concluding the Agreement. In addition, these costs will be shown separately in the ordering process.
   3. The content of the Website has been compiled with the greatest care. However, Bailaluna cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other materials originating from Bailaluna are therefore subject to obvious programming and typing errors.
   4. Bailaluna cannot be held responsible for (colour) deviations due to screen quality.
4. Establishment of Agreement
   1. The Agreement is concluded at the moment of acceptance by the Customer of Bailaluna's offer and compliance with the conditions set by Bailaluna.
   2. If the Customer has accepted the offer electronically, Bailaluna will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed, the Customer has the option to terminate the Agreement.
   3. If it appears that incorrect information has been provided by the Customer when accepting or otherwise entering into the Agreement, Bailaluna has the right to only fulfill its obligation after the correct information has been received.
   4. Bailaluna can inform itself within legal frameworks whether the Customer can meet its payment obligations, but also of all facts and factors that are important for a responsible conclusion of the Agreement. If, based on this investigation, Bailaluna has good reasons not to enter into the Agreement, it is entitled to refuse an order or request with reasons or to attach special conditions to the execution, such as advance payment.
5. Registration
   1. To make optimal use of the Website, the Customer can register via the registration form/account login option on the Website.
   2. During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password.
   3. Customer must keep his login details, username and password strictly confidential. Bailaluna is not liable for misuse of the login details and may always assume that a Customer who registers on the Website is actually that Customer. Everything that happens via the Customer's account falls under the responsibility and risk of the Customer.
   4. If the Customer knows or suspects that his login details have come into the hands of unauthorized persons, he must change his password as soon as possible and/or inform Bailaluna thereof, so that Bailaluna can take appropriate measures.
6. Execution of Agreement
   1. As soon as the order has been received by Bailaluna, Bailaluna will send the products as soon as possible, taking into account the provisions of paragraph 3 of this Article.
   2. Bailaluna is entitled to engage third parties to perform the obligations arising from the Agreement.
   3. The delivery time is in principle 5-7 working days. The method of delivery can take place in different ways and is at the discretion of Bailaluna.
   4. If Bailaluna cannot deliver the products within the agreed period, it will notify the Customer. In that case, the Customer can agree to a new delivery date or he will have the option to terminate the Agreement free of charge.
   5. Bailaluna advises the Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing. See further the Article regarding warranty and conformity.
   6. As soon as the products to be delivered have been delivered to the specified delivery address, the risk as regards these products passes to the Customer. If expressly agreed otherwise, the risk will pass to the Customer earlier. If the Customer decides to collect the products, the risk passes upon transfer of the products.
   7. Bailaluna is entitled to deliver a similar product of similar quality to the ordered product, if the ordered product is no longer available. The Customer is then entitled to terminate the Agreement free of charge and return the product free of charge.
7. Right of withdrawal
   1. This article only applies to the Customer, who is a natural person who is not acting in the exercise of his profession or business.
   2. The Customer has the right to terminate the distance Agreement with Bailaluna within 14 days of receipt of the product, without giving reasons, free of charge.
   3. The period commences on the day after the Customer, or a third party designated in advance by him, who is not the carrier, has received the product, or:

• if the Customer has ordered multiple products in the same order: the day on which the Customer, or a third party designated by him, received the last product;
• if the delivery of a product consists of different shipments or parts: the day on which the Customer, or a third party designated by him, has received the last shipment or part;
• in the case of Agreements for regular delivery of products during a certain period: the day on which the Customer, or a third party designated by him, received the first product.

1. 1. The customer must bear the return costs himself. If these costs are higher than the regular postal rate, Bailaluna will provide an estimate of these costs. The shipping costs incurred by the Customer when purchasing the product are not included in the return costs and remain at the Customer's own expense.
   2. Within the withdrawal period referred to in paragraph 1, the Customer will handle the product and packaging with care. Customer will only open the packaging and use the product only to the extent necessary to verify the nature, characteristics and operation of products. The basic principle here is that this inspection may not go further than what the Customer could do in a physical store.
   3. Customer is only liable for depreciation of the product that is the result of handling the product that goes beyond what is permitted in the previous paragraph.
   4. The Customer can terminate the Agreement in accordance with the term set in paragraph 1 of this Article by sending the model withdrawal form (digital) to Bailaluna, or otherwise unambiguously informing Bailaluna that he renounces the purchase. In the event of a digital report, Bailaluna confirms receipt of that report. After cancellation, the Customer still has 14 days to return the product. It is also possible to immediately return the product within the cooling-off period stated in paragraph 1 of this Article, provided that the model withdrawal form or other unambiguous statement for withdrawal is included. Products can be returned to:

      Bailaluna
      Diepvoorde 3015
      6605GV, Wijchen

   5. Amounts already paid (in advance) by the Customer will be refunded to the Customer as soon as possible, but no later than 14 days after termination of the Agreement, in the same manner as the Customer paid for the order. If the Customer has opted for a more expensive method of delivery than the cheapest standard delivery, Bailaluna does not have to reimburse the additional costs for the more expensive method. Unless Bailaluna offers to collect the product itself, Bailaluna may wait with reimbursement until Bailaluna has received the product or until the Customer demonstrates that he has returned the product, whichever is the earlier.
   6. Information about whether or not the right of withdrawal applies and any desired procedure is clearly stated on the Website in a timely manner before concluding the Agreement.

1. Payment
   1. Customer must make payments to Bailaluna according to the payment methods indicated in the ordering procedure and possibly on the Website. Bailaluna is free to choose which payment methods to offer and these may also change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.
2. Warranty and conformity
   1. This article only applies if there is a Customer who is not acting in the exercise of his profession or business. If Bailaluna provides a separate warranty on the products, this applies to all types of Customers, without prejudice to the just stated.
   2. Bailaluna guarantees that the products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations in force on the date of the conclusion of the Agreement. If specifically agreed, Bailaluna also guarantees that the product is suitable for other than normal use.
   3. A warranty provided by Bailaluna, manufacturer or importer does not affect the legal rights and claims that the Customer already has and can invoke under the Agreement.
   4. If the delivered product does not comply with the Agreement, the Customer must notify Bailaluna within a reasonable period after discovering the defect.
   5. If Bailaluna considers the complaint to be justified, the relevant products will be repaired, replaced or reimbursed after consultation with the Customer. The maximum compensation, taking into account the Article regarding liability, is equal to the price paid by the Customer for the product.
3. Complaints procedure
   1. If the Customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and/or about other aspects of Bailaluna's services, he can submit a complaint to Bailaluna by telephone, e-mail or post. See the contact details at the bottom of the General Terms and Conditions.
   2. Bailaluna will provide the Customer with a response to his complaint as soon as possible, but in any case within 7 days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, Bailaluna will confirm the complaint within 7 days of receipt of the complaint and give an indication of the period within which it expects to provide a substantive or definitive response to the complaint. from Customer.
   3. Customer who is not acting in the exercise of his profession or business can also submit a complaint via the European dispute resolution platform, which can be reached via http://ec.europa.eu/odr/.
4. Personal data
   1. Bailaluna processes the Customer's personal data in accordance with the privacy statement. This can be found here: https://bailaluna.nl/privacybeleid/
5. Final provisions
   1. Dutch law applies to the Agreement.
   2. Unless otherwise prescribed by mandatory law, all disputes that may arise as a result of the Agreement will be submitted to the competent Dutch court in the district where Bailaluna is located.
   3. If a provision in these General Terms and Conditions proves to be invalid, this will not affect the validity of the entire General Terms and Conditions. In that case, the parties will establish a new provision(s) to replace it, which will reflect the intention of the original provision as much as legally possible.
   4. In these General Terms and Conditions, “in writing” also includes communication by e-mail and fax, provided that the identity of the sender and the integrity of the e-mail are sufficiently established.

Contact details

If you have any questions, complaints or comments after reading these General Terms and Conditions, please feel free to contact us in writing or by e-mail.

Bailaluna
Diepvoorde 3015
6605GV, Wijchen

Phone: +31 6 37327417
E-mail: info@bailaluna.nl

Chamber of Commerce number: 90546350
VAT number: NL004825298B67