Table of Contents:

Introduction

Article   1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - Prices and information

Article 5 - The agreement

Article 6 - Registration

Article 7 - Execution of the agreement

Article 8 - Right of withdrawal

Article 9 - Obligations of the customer during the reflection period

Article 10 - Exercise of the right of withdrawal by the customer and its costs

Article 11 - Obligations of Babiem upon withdrawal

Article 12 - Exclusion of the right of withdrawal

 Article 13 - Performance of Agreement and Additional Warranty

 Article 14 - Retention of Title

Article 15 - Conformity, complaints and warranty

Article 16 - Liability

Article 17 - Force Majeure

Article 18 - Processing of personal data

Article 19 - Customer Service

Article 20 - Intellectual property rights

Article 21 - Applicable Law and Competent Court

Article 22 - Promotion conditions

Article 23 - Discount codes

Article 24 - gift vouchers/ gift card

Annex I - Model form for withdrawal

Article 1 - Definitions

In these terms and conditions, the following is understood:

1. Entrepreneur: Entrepreneur: Babiem B.V., trading under the brand name Babiem, in these General Terms and Conditions referred to as Babiem.

2. Customer: anyone with whom Babiem enters into an agreement, including consumers.

3. Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity.

4. Contract: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract and these goods, digital content and/or services are delivered by Babiem or by a third party based on an arrangement between that third party and Babiem;

5. Day: calendar day;

6. Reflection period: the period within which the customer can exercise his right of withdrawal;

7. Right of withdrawal: the possibility for the customer to withdraw from the contract within the reflection period;

8. Digital content: data produced and delivered in digital form;

9.  Durable data carrier: any means - including e-mail - that enables the customer or Babiem to store information addressed personally to him in a way that allows future consultation or use for a period aligned with the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;

10. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;

11. Distance contract: a contract concluded between Babiem and the customer within the framework of an organized system for distance selling of products, digital content and/or services, whereby up to and including the conclusion of the contract, one or more techniques for distance communication are used exclusively or jointly;

12. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not have to be provided if the customer has no right of withdrawal regarding his order;

13. Technique for distance communication: means that can be used to conclude a contract without the customer and Babiem having to be present in the same space at the same time.

Article 2 - Identity of the entrepreneur

Company name: Faas Commerce B.V. 

Trading under the name: Babiem®

Registered address:

Kokerbijl 7 

5443 PV Haps

Telephone number: +31 (0) 487 745 375

E-mail address: service@babiem.com

Chamber of Commerce number: 97132853  

Btw-identificatienummer: NL867923374B01     

Article 3 - Applicability

1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.

2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the customer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded how the general terms and conditions can be inspected at the entrepreneur and that they will be sent free of charge to the customer as soon as possible upon request.

3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the customer electronically, in such a way that the customer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be accessed electronically and that they will be sent free of charge to the customer electronically or otherwise upon request.

4. If the customer includes provisions or conditions in his order, confirmation, or communication containing acceptance that deviate from or are not included in the General Terms and Conditions, these are only binding on Babiem if and to the extent that they have been expressly accepted in writing by Babiem.

5. In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply accordingly, and the customer may always invoke the applicable provision that is most favorable to him in case of conflicting conditions.

6. Situations not covered by these General Terms and Conditions should be assessed 'in the spirit' of these General Terms and Conditions. Ambiguities regarding the interpretation or content of one or more provisions of our terms should be interpreted 'in the spirit' of the General Terms and Conditions.

Article 4 - Prices, information and payment

1. All prices listed on the Website and in other sources originating from Babiem include VAT and, unless otherwise stated on the Website, other government-imposed levies. 

2. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

3. Contrary to the previous paragraph, Babiem may offer products or services with prices tied to fluctuations in the financial market, over which Babiem has no influence, at variable prices. This linkage to fluctuations and the fact that any stated prices are indicative prices will be mentioned in the offer. 

4. If shipping costs are charged, this will be clearly stated in a timely manner before the conclusion of the Agreement. In addition, these costs will be displayed separately during the ordering process. 

5. The content of the Website has been compiled with the utmost care. However, Babiem cannot guarantee that all information on the Website is always accurate and complete. All prices and other information on the Website and in other sources originating from Babiem are therefore subject to obvious programming and typing errors. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, Babiem is not obliged to deliver the product at the incorrect price.

6. If an offer has a limited validity period or is made under conditions, this will be explicitly stated in the offer.

7. The offer is without obligation. Babiem is entitled to change and adjust the offer.

8. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow the Customer to properly assess the offer. If Babiem uses images, these are a truthful representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind Babiem. All images, specifications, and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.

9. Images of products are a truthful representation of the offered products. Babiem cannot guarantee that the displayed colors exactly match the real colors of the products.

10. Each offer contains such information that it is clear to the Customer what rights and obligations are connected to accepting the offer.

11. The Customer must make payments to Babiem according to the payment methods indicated in the ordering procedure and possibly on the Website. Babiem is free to choose which payment methods to offer and these may change from time to time. In case of payment after delivery, the Customer has a payment term of 14 days starting the day after delivery.

12. If the Customer does not fulfill his payment obligation(s) on time, after being notified by Babiem of the late payment and Babiem granting the Customer a period of 14 days to still fulfill his payment obligations, upon failure to pay within this 14-day period, statutory interest is owed on the outstanding amount and Babiem is entitled to charge the extrajudicial collection costs incurred. These collection costs amount to a maximum of: 15% on outstanding amounts up to € 2,500; 10% on the next € 2,500; and 5% on the following € 5,000 with a minimum of € 40. Babiem may deviate from these amounts and percentages to the benefit of the Customer.

Article 5 - The agreement

1. The agreement, subject to the provisions of paragraph 4, is concluded at the moment the consumer accepts Babiem's offer and meets the conditions set by Babiem.

2. If the consumer has accepted the offer electronically, Babiem will promptly confirm receipt of the acceptance electronically. As long as this receipt of acceptance has not been confirmed by Babiem, the consumer may dissolve the agreement.

3. If it appears that incorrect data were provided upon acceptance or otherwise entering into the Agreement by the consumer, Babiem has the right to fulfill its obligation only after the correct data have been received.

4. Within legal frameworks, Babiem may inquire whether the consumer can meet their payment obligations, as well as all facts and factors relevant for responsibly entering into the distance contract. If Babiem has good reasons based on this investigation not to enter into the agreement, it is entitled to refuse an order or application with reasons, or to attach special conditions to the performance.

5. Each agreement is concluded under the suspensive condition of sufficient availability of the relevant products or services.

6. The customer must independently provide all data and documents to Babiem in a timely manner (as far as possible in advance) that are relevant (or may be relevant) for the performance of the agreement.

7. The customer guarantees that the data and facilities provided to Babiem by or on behalf of them, (also) as referred to in the previous paragraph, are correct and complete. The customer must ensure timely delivery of these data and facilities.

8. The execution period does not start until the customer has provided these data and facilities correctly and completely to Babiem. If these data and facilities are not available to Babiem at any time, the execution period will be suspended for a period determined by Babiem (at least equal to the delay) and Babiem has the right to recover any damages resulting from this from the customer.

9. Babiem will provide the following information to the customer no later than upon delivery of the product, service or digital content, in such a way that it can be accessed by the customer (i.e., available on Babiem's website):

1. the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;

2. the information about guarantees and existing after-sales service;

3. the price including all taxes of the product, service or digital content; where applicable the delivery costs; and the method of payment, delivery or performance of the distance contract;

4. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite;

5. if the customer has a right of withdrawal, the model withdrawal form (see Annex I).

6. If the agreement is concluded electronically, Babiem will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

Article 6 - Registration

1. If the website offers the possibility for the Customer to register via a registration form or account login option, this article applies.

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. The Customer must keep his login details, username, and password strictly confidential. Babiem is not liable for misuse of the login details and may always assume that a Customer logging in on the Website is actually that Customer. Everything that happens via the Customer's account is 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 notify Babiem, so that Babiem can take appropriate measures.

Article 7 - Performance of the Agreement

1. As soon as the order has been received by Babiem, Babiem will send the products as soon as possible, taking into account the provisions of paragraph 3 of this Article.

2. Babiem is entitled to engage third parties in the performance of the obligations arising from the Agreement.

3. The delivery time is communicated to the Customer prior to the order. The method of delivery can take place in various ways and is at Babiem's discretion.

4. If Babiem cannot deliver the products within the agreed term, it will inform the Customer thereof. 

5. All delivery times are indicative. The Customer cannot derive any rights from any mentioned terms. Exceeding a term does not entitle the Customer to compensation or termination.

6. Babiem advises the Customer to inspect the delivered products and report any defects found within a reasonable time, preferably in writing. See further the Article regarding warranty and conformity.

7. As soon as the products to be delivered have been delivered to the specified delivery address, the risk regarding these products passes to the Customer. If expressly agreed otherwise, the risk passes to the Customer earlier. If the Customer decides to collect the products, the risk passes upon transfer of the products.

8. Babiem is entitled to deliver a similar product of similar quality as 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.

Article 8 - Right of withdrawal

For products:

1. This article only applies to the Customer being a natural person (consumer) who does not act in the exercise of his profession or business.

2. The customer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. Babiem may ask the consumer for the reason for withdrawal but may not oblige him to provide his reason(s).

3. The reflection period referred to in paragraph 2 starts on the day after the customer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:

1. if the customer has ordered multiple products in the same order: the day on which the customer, or a third party designated by him, has received the last product. Babiem may refuse an order of multiple products with different delivery times, provided that he has clearly informed the customer about this prior to the ordering process.

2. if the delivery of a product consists of multiple shipments or parts: the day on which the customer, or a third party designated by him, has received the last shipment or the last part;

3. for agreements for regular delivery of products over a certain period: the day on which the customer, or a third party designated by him, has received the first product.

For services and digital content not supplied on a tangible medium:

4. The customer can dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for at least 14 days without giving reasons. Babiem may ask the customer for the reason for withdrawal but may not oblige him to provide his reason(s).

5. The reflection period referred to in paragraph 4 starts on the day following the conclusion of the agreement.

Article 9 - Obligations of the customer during the reflection period

1. During the reflection period, the customer is obliged to 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 functioning of the product. The principle here is that the customer may only handle and inspect the product as he would be allowed to do in a store.

2. Babiem can recover the costs of any depreciation of the product from the customer if it is the result of handling the product in a way that goes beyond what is permitted in paragraph 1. 

Article 10 - Exercise of the right of withdrawal by the customer and its costs

1. If the customer exercises his right of withdrawal, he notifies Babiem within the reflection period by means of the model withdrawal form or in another unambiguous manner.

2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the customer returns the product or hands it over to (an authorized representative of) Babiem. This is not necessary if Babiem has offered to collect the product itself. The customer has in any case observed the return period if he returns the product before the reflection period has expired.

3. The customer returns the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the instructions obtained via email.

4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.

5. The customer bears the direct costs of returning the product unless Babiem has indicated that it will bear these costs or the customer proves that these costs were wrongly charged to him. 

6. The customer bears no costs for the full or partial delivery of digital content not supplied on a tangible medium, if:

• he has not expressly agreed prior to delivery to the commencement of the performance of the contract before the end of the reflection period;

• he has not acknowledged losing his right of withdrawal by giving his consent; or

• Babiem has failed to confirm this statement from the consumer.

7. If the consumer legitimately exercises their right of withdrawal, all additional agreements are automatically terminated.

8. If the customer keeps one or more items from the order, the customer will only be refunded the costs of the rest of the order, not the shipping costs or any administration fees.

Article 11 - Obligations of Babiem upon withdrawal

1. This article applies when there is an agreement between Babiem and a Consumer. If a separate procedure is determined for a customer who is not a consumer, this is recorded in emails or other communication with the customer.

2. If Babiem enables the customer to notify the withdrawal electronically, it will immediately send a confirmation of receipt after receiving this notification.

3. If the customer exercises the right of withdrawal, Babiem will refund the purchase amount within fourteen days after receiving the return. Any shipping costs for this order will not be reimbursed.

4. The customer can also, without first notifying Babiem that they are exercising their right of withdrawal, return the product within the withdrawal period as described in art. 11.3, to Babiem. In such a case, the customer must include the 'model withdrawal form' with the return shipment (see attachment model form at the bottom of the general terms and conditions).

5. Babiem uses the same payment method for the refund that the customer used, unless the customer agrees to a different method. The refund is free of charge for the customer.

6. If the customer has chosen a more expensive delivery method than the cheapest standard delivery, Babiem is not required to refund the additional costs for the more expensive method.

Article 12 - Exclusion of the right of withdrawal

1. The right of withdrawal does not apply to products and services that are legally excluded from it. This includes, but is not limited to:

a. Products made according to customer specifications, which are not prefabricated and are made based on an individual choice or decision of the customer, or which are clearly intended for a specific person;

b. Products that spoil quickly or have a limited shelf life;

c. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;

d. Products that are irrevocably mixed with other products after delivery due to their nature;

e. Newspapers, magazines, or periodicals, except for subscriptions thereto;

f. The supply of digital content other than on a tangible medium, but only if:

• the execution has begun with the express prior consent of the customer; and

• the customer has declared that he thereby loses his right of withdrawal.

Article 13 - Performance of Agreement and Additional Warranty

1. This article only applies if there is a Customer (consumer) who not acts in the exercise of his profession or business. If Babiem provides a separate warranty on the products, this applies, without prejudice to the foregoing, to all types of Customers.

2. Babiem guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date the agreement was concluded, including, if applicable, the European conformity standards (such as CE marking for toys).

3. An additional warranty provided by Babiem, its supplier, manufacturer, or importer never limits the statutory rights and claims that the customer can assert against Babiem under the agreement if Babiem has failed to fulfill its part of the agreement.

4. Additional warranty means any commitment by Babiem, its supplier, importer, or producer in which certain rights or claims are granted to the customer that go beyond what is legally required in case of failure to fulfill its part of the agreement.

5. If, in addition to the statutory warranty, there is a factory warranty from the manufacturer or supplier, the customer will find this in the documentation with the product.

6. Babiem cannot guarantee that the display of the products as shown on the website always corresponds to the delivered products.

Article 14 - Retention of Title

As long as the customer has not made full payment for the entire agreed amount (for example, but not limited to, payment afterwards), all delivered and to be delivered products and services remain the property of Babiem.

Article 15 - Conformity, complaints, and warranty

1. The Customer is obliged to examine the delivered Product at the time of (delivery), but in any case within the shortest possible period. The Customer must check whether the quality and quantity of the delivered goods correspond to what was agreed, or at least meet the requirements that apply in normal (commercial) practice.

2. Any visible defects or shortcomings must be reported within 2 (say: two) days after delivery via the email address service@babiem.comto be made known to Babiem. 

3. Babiem guarantees that the Products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of durability and/or usability, and the legal provisions and/or government regulations existing on the date the Agreement was concluded.

4. The warranty mentioned in paragraph 3 is separate from the statutory rights of the consumer. Any visible defects in the delivered Product must be reported by the Customer within a reasonable period, preferably within 2 (say: two) months after discovery, via the email address service@babiem.com to be reported. 

5. Failure to submit complaints in time or failure to report defects in time may result in the forfeiture of all liability of Babiem. 

6. To investigate whether the delivered Product is defective, Babiem may require the Customer to return the Product to Babiem at Babiem's expense.

7. If the Customer has rightfully complained, Babiem will deliver a new Product. If delivering a new Product is not possible, the purchase price of the Product will be (partially) credited and refunded.

8. If the customer has complained unjustly, Babiem has the right to charge the Customer for the costs incurred, such as shipping costs.

9. If the package containing the order is offered to the Customer damaged by the parcel carrier, the Customer must not accept the package and must immediately contact via the email address service@babiem.comto notify Babiem that he has not accepted the package due to transport damage.

Article 16 - Liability

1. The information and services on the Website may contain technical inaccuracies and/or typographical errors. Babiem is not liable for such inaccuracies and/or errors.

2. The operation of the Website may be interrupted by, for example, a malfunction or maintenance. Babiem is not liable for damage caused by temporary unavailability of the Website.

3. Babiem can never guarantee that the data on the Website is correct. Babiem will do everything possible to keep the accuracy of this data as consistent as possible. External influences, such as hackers, are always possible and can lead to distorted data. Babiem is not liable for this distorted data. 

4. Babiem is not liable for damage of any kind resulting from Babiem relying on incorrect and/or incomplete data provided by the Customer. 

5. The colors visible on the Customer's screen may differ from the actual colors of the Product. Babiem is not liable for such color deviations. No rights can be derived from this.

6. Babiem is not liable for damage to the Product or caused by the Product due to incorrect or unprofessional use, or because changes have been made to the Product by the Customer and/or third parties. 

7. Babiem is not liable for mutilation or loss of data as a result of sending data using telecommunication facilities.

Article 17 - Force Majeure

1. Babiem is not obliged to fulfill one or more obligations under the Agreement, or to pay compensation, if there is force majeure. Force majeure includes, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which Babiem has no control, but which prevent Babiem from fulfilling its obligations. Force majeure includes in any case: weather conditions; theft; power and internet outages; floods, landslides and other natural disasters; terrorism; obstructions by third parties, including governments; transport obstructions; strikes; riots, wars or war threats; loss of or damage to Products during transport; export and import bans; fires, malfunctions and accidents in Babiem's company; burning of Babiem's means of transport or the engaged transport company, malfunctions thereof, involvement in accidents thereof; measures by any domestic, foreign or international government.

2. If Babiem knows or suspects that it cannot deliver the order (partly) on time due to force majeure, Babiem will inform the Customer as soon as possible.

Article 18 - Processing of Personal Data

1. When Babiem processes Personal Data during the execution of the Agreement, Babiem will process the Personal Data in a proper and careful manner and comply with the legal requirements arising from the General Data Protection Regulation and the Implementation Act General Data Protection Regulation.

2. Babiem informs the Customer within four working days about any request and/or complaint from the Supervisory Authority regarding the Personal Data processed in the execution of the Agreement.

3. Babiem cooperates with a request from the Customer to exercise their rights, such as, but not limited to, the right of access, correction, deletion, objection to the Processing of Personal Data, and a request for portability of their own Personal Data.

4. Babiem informs the Customer about the discovery of a possible Data Breach within 24 (say: twenty-four) hours after its discovery, and Babiem will subsequently keep the Customer informed of new developments regarding the Data Breach. 

5. Babiem will provide the following information in case of a Data Breach:

-   a detailed description of the Data Breach;

-   type/kind of Personal Data involved in the Data Breach;

-   how many persons' Personal Data are involved in the Data Breach;

-   the measures taken to limit negative consequences for the Data Subjects and to remedy the Data Breach;

-   the cause of the Data Breach;

-   the duration of the Data Breach and the time of occurrence.

6. Any costs incurred to resolve the Data Breach will be borne by the party incurring the costs, unless the Data Breach was caused by Babiem's failure to comply with the Agreement, in which case the costs will be borne by Babiem. Additionally, the Customer retains the option to pursue other legal remedies.

7. Communication about the Data Breach will always take place in consultation.

8. When the Agreement between the parties ends, Babiem will retain the Personal Data it has processed in performing the Agreement for the duration stated in Babiem's Privacy Policy as stated on Babiem's website. 

Article 19 - Customer Service

1. For questions about the order or submitting a complaint, the Customer can contact Babiem's customer service. Babiem's customer service is reachable in the following ways:

Via the telephone number:           +31 (0)487-745 375

Via the email address:service@babiem.com

2. Processing of inquiries will take place on working days by the customer service staff.

3. Complaints submitted to Babiem will be answered within a period of 14 (say: fourteen) days from the date of receipt. If a complaint requires a foreseeable longer processing time, Babiem will respond within the 14-day period with an acknowledgment of receipt and an indication of when the customer can expect a more detailed response.

Article 20 - Intellectual Property Rights

1. All intellectual property rights related to the Website are held by Babiem or its licensor. 

2. The Customer may not use, copy, forward, distribute, reproduce, publish, duplicate, or disclose photos, information, texts, logos, brands, trade names, images, etc. made available to him via the Website. 

3. If the Customer acts in violation of Babiem's intellectual property rights, the customer is liable for all damages suffered by Babiem as a result. Damage includes, among other things, reputational damage and loss of revenue.

Article 21 - Applicable Law and Competent Court

1. Dutch law exclusively applies to all rights, obligations, offers, and agreements to which these general terms and conditions apply.

2. All disputes between the Customer and Babiem shall be submitted to the competent court in the district where Babiem is located. The customer has 1 (one) month after Babiem has invoked this provision in writing towards the Customer to choose the competent court according to the law for resolving the dispute.

Article 22 – Terms and Conditions 

1. Contests are organized by Babiem, located at Kokerbijl 7, 5443 PV in Haps. These terms and conditions apply to all contests. By participating in the contest, these conditions are accepted.

2. Participation in contests is free. Participation can take place in various ways. Participation occurs after the Customer has posted a response on one of Babiem's social media channels or when he/she has sent an email with the requested information to the email address specified by Babiem.

3. Each participant can participate in a contest a maximum of one time.

4. If incomplete and/or incorrect (personal) data is provided upon participation, Babiem has the right to exclude the participant from further participation and may decide to forfeit the right to the prize.

5. The prize is personal and registered in the name of the winner. The prize is non-transferable, non-exchangeable, and cannot be paid out in cash or for other products or services. If the prize or the conditions of the contest are refused or not accepted, the prize will not be awarded.

6. The duration of the contest is indicated in the description of the promotion by Babiem.

7. To be eligible to participate, a participant must be at least 18 years old and reside in the Netherlands. All other participants are excluded from participation.

8. The drawing of winners is conducted randomly and impartially.

9. Winners must contact Babiem themselves. 

10. Babiem may, at its sole discretion and without prior notice, change or adjust the terms and conditions of the promotion during the promotion period, or change or adjust the contest without giving reasons.

11. No correspondence will be entered into regarding results.

12. Prizes cannot be exchanged for money, gift cards, discount codes, or other products.

13. Employees of Babiem are excluded from participation.

14. Winners must respond no later than 2 weeks after the announcement of the winners. If not, new winners will be chosen by Babiem.

15. The personal data obtained in the context of the contests will only be used by Babiem for the respective promotion and will not be provided to third parties.

16. In cases not covered by these terms and conditions, a decision will be made by Babiem.

17. Dutch law applies to these terms and conditions.

18. Participants who do not meet the above conditions may be excluded from participation.

19. If Babiem can prove, based on the DHL track and trace code, that the won product has been delivered to the selected winner, the risk of receiving the product lies with the recipient/winner.

20. Babiem is responsible up to the post office/delivery to the parcel carrier. In case of loss and/or damage of your won product, Babiem cannot be held liable.

Article 23 – Discount codes

1. For promotions with discount codes, the discount is only applied when using a valid code and when the consumer meets the conditions set to qualify for the respective promotion. The consumer is responsible for entering the correct discount code so that this discount can be automatically processed.

2. Per order, the consumer may only use one discount code.

3. The right to this discount is forfeited when products are exchanged and/or returned.

4. Discounts are not redeemable for cash and do not apply to gift vouchers.

5. Discounts are non-transferable and counterfeiting is prohibited.

6. Discounts cannot be settled afterwards.

7. Discount codes cannot be applied retroactively to an order that has already been placed. A discount code that has been used once cannot be exchanged for another discount code or combined (afterwards) with other ongoing promotions, unless otherwise stated.

Article 24 – Gift vouchers/gift card

1. Only gift vouchers issued by Babiem located at Kokerbijl 7, 5443 PV Haps can be redeemed at www.babiem.com. 

2. For gift vouchers, the discount is only applied when using a valid code. The consumer is responsible for entering the correct gift voucher code so that the received amount can be automatically deducted.

3. Per order, the consumer may only use one gift voucher and not in combination with other discount promotions.

4. Gift vouchers are valid for 2 years after purchase (date of order confirmation). After this period, the gift voucher can no longer be redeemed.

5. Gift cards can be redeemed once and are valid for the entire assortment, except for discounted items.

6. Gift cards are not valid for any delivery costs.

7. Gift cards are not redeemable for cash.

8. Gift cards are non-transferable and counterfeiting is prohibited.

9. Gift cards cannot be settled afterwards.

10. Ordering a product in the webshop with a value higher than the customer's gift card balance is not a problem. At checkout, the customer first enters the gift card code, then pays the remaining amount with a payment method of choice.

11. If a gift card is used for an order where the total amount is less than the value of the gift card, the remaining amount will be listed at the bottom of the order confirmation of your ordered item and the same gift card code can be used to redeem the remainder on a subsequent order.

12. Babiem is not responsible for loss, theft, or unauthorized use of gift cards. Make sure to keep the gift card code safe, as it cannot be replaced.

Annex I: Model withdrawal form

Model withdrawal form

(only fill in and return this form if you want to withdraw from the agreement)

To:

Babiem

Kokerbijl 7 

5443 PV Haps

service@babiem.com

I/We* hereby inform you that I/we* withdraw our agreement concerning

the sale of the following products: [product description]*

the delivery of the following digital content: [digital content description]*

the performance of the following service: [service description]*,

withdraws/withdrawn*

Ordered on*/received on* [date of order for services or receipt for products]

[Naam consumenten(en)]

[Adres consument(en)]

[Handtekening consument(en)] (only when this form is submitted on paper)

[Datum]

* Strike through what does not apply or fill in what does apply.