GENERAL TERMS AND CONDITIONS WEBSHOP.BYKAY.COM
These terms and conditions set out some basic rules for us as a web store and you as a consumer.
In these general terms and conditions, we mean:
We: the natural or legal person offering products and/or services to consumers at a distance; in this case, the web store where you made the purchase.
You: this is you; the natural person not acting in the exercise of a profession or business and entering into a distance contract with us.
Distance contract: a contract where exclusive or joint use is made of one or more means of distance communication (see No. 4) for the sale of a product, service or digital content up to and including the conclusion of the contract, e.g. an order from a web store, but also telephone or written orders.
Technology for distance communication: means that can be used to conclude a contract without you and us being in the same room at the same time; for example, telephone or Internet.
Reflection period: the period of time during which you can exercise the right of withdrawal.
Right of withdrawal: your ability to waive the distance contract within the cooling-off period.
Day: calendar day.
Duration transaction: a distance contract for a series of products, services or digital content, the delivery and/or purchase obligation of which is spread over time.
Durable data medium: any means that you can use to store information that is personally addressed to you, where this information can later be consulted and unaltered reproduction of this information is possible, for example, a CD-ROM or a USB stick.
Digital content: data produced and delivered in digital form.
ByKay.com
Phone number: +31 (0)24 7111005
Access: Monday through Thursday, from 8:30 a.m. - 4:30 p.m. Friday, from 8:30 a.m.-12:30 p.m.
Email address: info@bykay.com
Chamber of Commerce number: 50074709
BTW-identificatienummer: NL822531914B01
Bank account number (IBAN and BIC): NL46INGB0106997467 / INGBNL2A
These terms and conditions apply to every offer made by us and to every distance contract concluded between you and us.
These terms and conditions are available to you prior to the conclusion of the distance contract. If this is not reasonably possible, it is indicated where and how you can view the general terms and conditions with us. If you wish, we will send you the general terms and conditions free of charge as soon as possible.
If the distance contract is concluded electronically, other than in the previous paragraph and even before the contract is concluded- we may make these general terms and conditions available to you electronically. We will do this in such a way that you can easily store them on a durable data carrier. If this is not reasonably possible, we will indicate where and how you can view these general terms and conditions electronically. If you request, we will send them to you electronically as soon as possible, free of charge
If specific product or service conditions apply in addition to our general terms and conditions, paragraphs 2 and 3 are also valid for these. If conflicting general terms and conditions apply, you may rely on the provision that is most favorable to you.
Before you conclude the sale, you will receive information from us that allows you to properly evaluate the offer, for example, by providing a description and images of the product, service and/or digital content that correspond to reality. In addition, you will receive clear information about your rights and obligations in these terms and conditions to be approved by you, such as:
At the latest upon delivery of the product, service or digital content, you will receive the following information from us. You will receive this information in writing or in such a way that you can easily store it on a durable data carrier (for example, a CD-ROM or a USB stick):
Once you have placed an order, you will receive an electronic confirmation from us. Until this has happened, you can still waive the purchase by rescinding the contract.
If you order via the Internet, we secure the data exchanged and the online environment. If you pay electronically, we provide appropriate security measures.
We may investigate whether you can meet your payment obligations and whether you can enter into the distance contract responsibly, as long as we stay within the law. For example, we may check whether you are registered with the Bureau Krediet Registratie. When we have good reasons not to enter into the agreement, we may refuse your order or request or attach special conditions to the execution.
When purchasing products, you have a 14-day cooling-off period. The cooling-off period starts on the day after you receive the product or it is received by a third party; or:
During the reflection period, you may rescind the contract.
During the cooling-off period, you must handle the product and its packaging carefully. This means that you only unpack or use the product to the extent necessary to assess whether you want to keep the product. Traces of animals, in any form, smoke odor or other non-visible and/or non-visible traces, make the product no longer saleable for us and will not be taken back due to hygiene regulations.
If you exercise your right of withdrawal, please return the product to us with all delivered accessories and in the original condition and packaging. We will inform you how to do this, by means of a return card. This information must be reasonable and clear according to the law.
If you exercise your right of withdrawal, you will pay for the return costs yourself. Even if you refuse the package and we take care of the shipping costs, they will be settled with you.
NOTE: Did we cover the shipping costs with your order? If you make a return, we will then deduct these shipping costs from your refund.
We will refund all other fees you have already paid as soon as possible, but at the latest within 14 days counted from the day after you reported the withdrawal.
If we do not collect the product ourselves, we may wait to refund you until we have received the product or you have proven that the product was returned. We will refund you within two weeks of receipt.
Sometimes you do not have a right of withdrawal. We must then state this clearly and before the contract is concluded. These are:
Products whose price is subject to fluctuations in the financial market (for example, a winter or summer collection that goes on sale) and which fluctuations may occur within the withdrawal period;
Products produced especially for you (Click Classic Toddler, Woven slings, other than size 6, Stretchy slings other than size M or L or other, communicated by you and produced at your request) and Marketplace products.
Agreements concluded
during an auction. By an auction we mean a method of sale where we offer products to you and the successful bidder is obligated to purchase the products; You can come and see the products on site in advance, this responsibility is yours.
Products manufactured to your specifications, which are not prefabricated and which are manufactured based on your individual choice or decision, or which are clearly intended for a specific person; Products produced especially for you (Click Classic Toddler, Woven slings, other than size 6, Stretchy slings other than size M or L) and Marketplace products.
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
During the cooling-off period, you must handle the product and its packaging carefully. This means that you only unpack or use the product to the extent necessary to assess whether you want to keep the product. Traces of animals in any form, smoke odor or other non-visible and non-visible traces make the product no longer saleable for us and will not be taken back due to hygiene regulations.
You can cancel the contract free of charge within the cooling-off period and also if you have not yet received the order (see article 6 for products, article 7 for services and/or digital content and article 8 for possible exceptions). The return processing and refund starts after we have received the product and return costs have been taken care of by You.
To exercise the right of withdrawal, you must notify us of the withdrawal. This can be done using the model withdrawal form or in another unambiguous way.
If we enable the notification of revocation by you electronically, we will send an acknowledgement of receipt immediately upon receipt of this notification.
We may ask you for the reason for withdrawal, but you do not have to give it.
You must return the product to us as soon as possible, but within 14 days from the day following the notification referred to in paragraph 2, or hand it over to (an authorized representative of) us. This is not required if we have offered to collect the product ourselves. You have complied with the return period in any case if you return the product before the cooling-off period has expired.
You return the product with all delivered accessories, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by us. During the cooling-off period, you must handle the product and its packaging with care. This means that you only unpack or use the product to the extent necessary to assess whether you want to keep the product. Traces of animals in any form, smoke odor or other non-visible and non-visible traces, make the product no longer saleable for us and will not be taken back due to hygiene regulations.
The risk and burden of proof for the proper and timely exercise of the right of withdrawal lies with you.
If you exercise your right of withdrawal, you will pay for the return costs yourself. Even if you refuse the package and we take care of the shipping costs, they will be settled with you.
If you exercise your right of withdrawal, all ancillary contracts are terminated by operation of law.
We will use the same means of payment you used for refunds unless you agree to another method. The refund is free of charge to you. .
We guarantee that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the existing legal provisions and/or government regulations on the date of the conclusion of the agreement. We also guarantee for other than normal use, if you have agreed this with us.
We, a manufacturer or an importer may offer you a warranty arrangement. This arrangement does not affect the rights and claims you have in the event of a breach of our obligations under the law and/or the distance contract.
We are as careful as possible in receiving and fulfilling orders for products and in evaluating requests for the provision of services.
As the place of delivery, we assume the address you provide to us.
We expedite accepted orders no later than 30 days unless a longer delivery period is agreed upon. Generally, the rule is: ordered before 3 p.m., delivered next off. However, we are not responsible for any later delivery due to busy delivery services. Longer delivery times should be taken into account, due to Corona, national failures or in busy or vacation periods. If delivery is unexpectedly delayed, or if an order cannot be fulfilled or only partially fulfilled, you will be notified no later than one month after placing the order. In that case, you have the right to dissolve the agreement without cost.
The risk of damage and/or loss of products lies with you and us together, we will investigate if necessary and work with you to find a solution.
We will ship your order as soon as your payment is received.
We have a complaint procedure that is sufficiently familiar and will handle your complaint as described in this complaint procedure.
Complaints about the performance of the agreement must be submitted to us within a reasonable time, fully and clearly described, after you have found the defects.
Complaints submitted will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, we will respond within the 14-day period with a notice of receipt and an indication of when the you can expect a more detailed response.
If you have a complaint, you can also always register it with the European ODR platform at http://ec.europa.eu/odr.
As a consumer you expressly acknowledge that all intellectual property rights of the displayed information, communications or other expressions relating to the products and / or relating to the Internet site lie with us, our suppliers or other claimants.
We process your data only in accordance with our privacy policy. In doing so, we observe the applicable regulations.
All our offers, the agreements between you and us, and the performance thereof are governed exclusively by Dutch law.
Our Web site may contain third-party advertisements or links to other sites. We have no control over, and are not responsible for, the privacy policies of these third parties or their sites.
You can always ask us by e- mail which of your data is being processed. You can also ask us by e- mail to make improvements, additions or other corrections, which we will process as soon as possible. If you no longer wish to receive information, please let us know. Information will only be sent to you if you have provided your e-mail address for this purpose.
Additional provisions or provisions that deviate from these general terms and conditions may not disadvantage you. These provisions must be in writing or available in such a way that you can store them in an accessible manner on a durable data carrier.
