General terms and conditions
Article 1 Definitions
In these Terms and Conditions, the following definitions shall apply:
- "Client": the (future) contracting party of Oh, Baby!® to whom an Offer is made and/or with whom an Agreement is concluded as well as any companies affiliated with the Client;
- "General Terms and Conditions": these General Terms and Conditions which apply to any offer emanating from Oh, Baby!® (hereinafter "Offer"), any acceptance by the Client of an Offer and, in general, any agreement concluded between Oh, Baby!® and the Client (hereinafter "Agreement").
- "Goods": any goods supplied by Oh, Baby!® under an Agreement.
- “Oh, Baby!®": the trade name of private limited company Lulu Green Labs BV, with registered offices at 9880 Aalter, Loveldlaan 50 and company number 0728.465.545.
- "Services": all services provided by Oh, Baby!® within the framework of an Agreement.
- "Special Terms": specific terms and conditions that define the Agreement between the Client and Oh, Baby!® and that prevail over the General Terms and Conditions.
Article 2 Conclusion of the Agreement and amendments
- Every Offer is without obligation until the moment of acceptance by the Client. The Offer contains a complete and accurate description of the Goods offered. The description is sufficiently detailed to allow a proper assessment of the offer by the Client. If Oh, Baby!® makes use of pictures, they are a true representation of the Goods offered. Obvious mistakes or errors in the offer shall not be binding upon Oh, Baby!®.
- An Offer shall only be accepted by a written signature of the Offer and delivery to Oh, Baby!®, or by electronic confirmation by e-mail to the address info@Oh, Baby!®.com. By such confirmation, an Agreement shall be deemed to have been fully and validly concluded. If the Client acts in the capacity of a consumer, a confirmation of the order shall be sent by e-mail.
- Acceptance of the General Terms and Conditions implies that the Client completely waives the application of his own general terms and conditions.
- Changes to the Agreement shall always be requested from and confirmed by Oh, Baby!® in writing. If this leads to additional costs or additional work, these may be charged by Oh, Baby!®. A requested amendment may also extend the delivery period.
Article 3 Delivery
- Unless otherwise agreed in any Special Conditions, the Agreement consists of the sale and delivery of Goods.
- Oh, Baby!® shall make all reasonable efforts to execute accepted orders with due speed but no later than 30 days unless a longer delivery period is agreed in the Special Terms. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the Client shall be notified thereof no later than one month after placing the order.
- Oh, Baby!® shall be entitled to outsource the Agreement or parts thereof to third parties or to have the Agreement performed by third parties.
- If Oh, Baby!® is prevented from (further) performing the Agreement due to force majeure of a permanent or temporary nature, irrespective of the question whether the force majeure could have been foreseen, Oh, Baby!® shall be entitled, without any obligation to pay damages, to terminate the Agreement in whole or in part by means of a written notification without judicial intervention, without prejudice to Oh, Baby!®' right to payment by the Client for performance already provided by Oh, Baby!® before a situation of force majeure arose, or to suspend (further) performance of the Agreement in whole or in part.
- The risk of damage and/or loss of Goods shall be borne by Oh, Baby!® up to the moment of delivery to the Client, unless expressly agreed otherwise.
Article 4 Price and payment
- If the Client has taken out a subscription on our website, the amounts due shall be paid by means of a standing order in accordance with the period stated in the Special Terms and Conditions. If the Client places an order via our webshop, the amount due must be paid via electronic payment on our online payment module. Notwithstanding the above, if the Client acts in the capacity of a company, the Client must pay the amounts due no later than 14 days after the invoice date, unless otherwise agreed.
- In case of late payment of any amount due under the Agreement or for any other cause, Oh, Baby!® shall be entitled to suspend all deliveries and to take back the Goods delivered. Furthermore, in that case Oh, Baby!® shall be entitled, ipso jure, to compensation equal to 10% of the amount due (with a minimum of EUR 50.00) as well as a conventional interest on arrears in accordance with the statutory interest rate, which, in case the Client acts in the capacity of a company, is determined in accordance with the Belgian law on combating late payment in commercial transactions.
- All Goods delivered shall remain the full property of Oh, Baby!® until all its claims have been paid in full, i.e. in principal, costs and interest, pursuant to the Agreement and/or earlier or later agreements of the same nature as well as any compensation for damages with regard to Client or affiliated companies. Any risk of damage or loss of the Goods shall be borne by the Client.
- If an Agreement is made on behalf of two or more Clients, they shall each be jointly and severally liable for the full performance of the obligations arising under the Agreement.
- In the event that the contractual relationship is terminated, Oh, Baby!® may apply set-off between all mutually determined claims with the Client, irrespective of the time at which the claims in question become due and payable.
- Late payment of an invoice shall cause all outstanding invoices to become due, even if the due date of these invoices has not yet expired.
- The presentation by Oh, Baby!® of an account statement shall suffice to determine the amount of its claim against the Client (including delivery of the Goods) and to provide proof thereof.
Article 5 Right of withdrawal
- The Seller will only accept claims for return that relate to quantity, weight or specifications of the Goods or if the Goods are not conform to the Order.
- Upon each delivery of Goods, the Buyer must immediately check that the delivery received complies with the Order placed.
- The Seller ensures that the Goods delivered to the Buyer have a minimum of Shelf Life at the time of the delivery. The Buyer shall lose the right to rely on a non-conformity in the Goods if the Buyer fails to notify the defect before the end of the Shelf Life of the Goods.
- Claims for return in connection with the quantity, weight or specifications must be made by e-mail to the following address: email@example.com within a maximum of 7 calendars days as from the delivery and shall include a full description of the alleged defects, in default of which any right to make a claim in these respects will lapse.
- Claims for return relating to other relevant defects must be made within 2 calendar days as from the discovery of the defect and shall include a full description of the alleged defects. No claim in this respect can be made after a term of 6 months after the date of delivery.
- During this period the Client shall handle the Goods and the packaging with care. It shall only unpack or use the product to the extent necessary to judge whether it wishes to keep the product. If she exercises her right of withdrawal, she shall return the product to Oh, Baby!® with all delivered accessories and - if reasonably possible - in the original state and packaging, in accordance with the reasonable and clear instructions provided by Oh, Baby!®.
- In order to exercise his right of withdrawal, the Client must
- Either notify Oh, Baby!® of the exercise of this right via the contact page
- Either provide the withdrawal form (https://economie.fgov.be/sites/default/files/Files/Forms/Formulier-herroeping.pdf) to firstname.lastname@example.org:
- If non-compliance is proven and confirmed by the Seller, the Buyer may ask the Seller:
(i) to have a Good delivered which complies to the one ordered (provided it is in stock)
(ii) to have a Good of equivalent quality and value delivered (provided it is in stock)
(iii) to be refunded for the price of the Good within 15 days of his claim.
(iiii) to be entitled to a voucher of the value of the Good ordered to be spend on other products from the Seller.
- If the Client exercises his right of withdrawal, no more than the costs of return shipment shall be borne by him.
- The Client may not exercise a right of withdrawal in the following cases:
- The Client has not entered into the Agreement in the capacity of a consumer.
- When the Goods have been opened and/or used.
- The defects were (partly) caused by normal wear and tear or by improper or incorrect handling use, storage or maintenance of Goods;
- The Buyer has not immediately given the Seller the opportunity to investigate the claim for return and to fulfil its obligations;
- The Buyer has failed to comply with an obligation resting upon it or has failed to comply with it properly or in time.
- The Goods have been custom-made in accordance with Client's specifications.
- Any sealed packaging of the Goods has been broken after delivery.
- The Goods are clearly of a personal nature.
Article 6 Conformity, warranty and complaints procedure
- Oh, Baby!® guarantees that the Goods comply with the Agreement, with the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and with the statutory provisions and/or government regulations existing on the date of the conclusion of the Agreement.
- The Client must immediately inspect the delivered Goods. Visible defects must be reported by registered mail within 14 days after receipt of the Goods. In the absence of any notification, the acceptance of the Client with the delivery is fixed. Notwithstanding the foregoing, if the Client enters into the Agreement in the capacity of a consumer, it must report any visible defects to Oh, Baby!® within two months of becoming aware of the visible defect and, moreover, the statutory warranty period expires two years after delivery in accordance with the Belgian Consumer Sales Act.
- After expiry of the periods referred to in the preceding paragraph, Oh, Baby!® shall only be responsible for hidden defects, which the Client has notified to Oh, Baby!® by registered letter, within 14 calendar days after it has become aware of the hidden defect, with a detailed description of the hidden defect.
- If a defect in the Goods is discovered, the Client shall have the option either to request the repair or replacement of the Good, and if this is not possible, to request an appropriate price reduction or to dissolve the Agreement.
- Any claim for damages made by the Client against Oh, Baby!® shall expire by operation of law if it is not brought before the competent court within a period of 1 year after the facts on which the claim is based were known to the Client or could reasonably have been known to the Client.
Article 7 Liability
- The Seller liability under these Terms and Conditions shall be limited to the fulfilment of the obligations described in the agreement.
- The Seller is responsible for ensuring the Goods are safe and free from defects that may cause injury or death.
- The Seller shall be never liable for indirect damages (loss of profits, turnover, loss of income, production limitations, administration or staff costs, an increase of general costs, loss of clients or claims of third parties, consequential loss, any other indirect loss or damage)
- To the extent permitted by law, the Seller is only liable for the direct damage caused by its gross negligence or wilful misconduct.
- Neither is the Seller liable for the content of Websites on which hypertext links may direct away from its own Website.
- Except in the case of fraud or deliberate error and except in the case of physical damage caused by the actions or omissions of Oh, Baby!®, the total contractual and extra-contractual liability of Oh, Baby!® for all damages that may occur during the entire term of the Agreement shall, at all times, be limited to the amount invoiced to the Client, unless the amount for which Oh, Baby!®' liability is insured is lower, in which case the aforementioned liability of Oh, Baby!® towards the Client shall be limited to that amount.
Article 8 Duration and dissolution
- The Client acknowledges that the following circumstances automatically give rise to a termination of the Agreement within the meaning of this Article, unless Oh, Baby!® waives this termination in writing and pursues the performance of the Agreement, to which Oh, Baby!® shall be entitled:
- The failure of the Client to comply with its obligations in accordance with the Agreement within 15 days after being reminded in writing to do so by Oh, Baby!®, such as, for example, the non-payment by the Client of the amounts due under the Agreement within 15 days after being reminded in writing by Oh, Baby!®;
- Bankruptcy, collective debt settlement or dissolution of the Client;
- Refusal to accept the Goods.
Article 9 Intellectual Property
- All designs, studies, drawings, sketches, photographs, models, samples, produced texts, questionnaires, advice, and in general all carriers in which the intellectual services of Oh, Baby!® appear or are contained, shall at all times remain the property of Oh, Baby!® or third parties with whom Oh, Baby!® works, and must be returned by the Client upon first request. The Client acknowledges that the aforementioned items, as well as the related know-how and methods, are the exclusive property of Oh, Baby!® or third parties with whom it works. The aforementioned items, including all preparatory material, may not under any circumstances be used, communicated or reproduced, even partially, without the written permission of Oh, Baby!® or any third party attorneys.
- The Client hereby expressly waives the possibility of invoking any right relating to the items mentioned in the first paragraph and of using the information obtained to make an application for an intellectual protection right.
- The Client shall indemnify Oh, Baby!® in full against any claim by or liability to third parties arising from any use of the Goods that infringes or may infringe the rights of third parties.
Article 10 Processing of personal data
- Oh, Baby!® shall process the personal data of the Client as the data controller. The grounds for processing used by Oh, Baby!® are the need to perform the contractual assignment, to comply with its legal obligations, the legitimate interest and the express consent of the Client.
- Personal data shall not be kept longer than necessary for the processing purposes.
- The personal data will only be processed internally or with the help of some processors that assist the firm in the performance of its mission such as an IT company, software packages and an accountant. The necessary guarantees were obtained with each processor in accordance with the GDPR. The data is not processed outside the EU.
- Oh, Baby!® takes appropriate technical and organizational measures to secure personal data. In the event of a data breach affecting your data, you will be notified within a reasonable period of time. This can be done by e-mail to the address known by us.
- The Client has the right to address a request to Oh, Baby!® to inspect, correct, delete, transfer their personal data or request the withdrawal of their consent or objection to the processing of their personal data, by writing to the company address or by sending an e-mail to email@example.com.
- Oh, Baby!® undertakes to provide the Client with a reasoned response to its request within a period of one (1) month. Depending on the complexity of the request(s) and the number of requests, this period may be extended by another two (2) months, if necessary. The Client also has at all times the possibility to lodge a complaint with the Data Protection Authority.
- For more information on how Oh, Baby!® handles personal data, see our privacy statement.
Article 11 Nullity clause
The nullity, invalidity or unenforceability of any provision of these Terms and Conditions shall nevertheless have its maximum permissible effect and shall not affect the validity of the remaining provisions of these Terms and Conditions and shall not lead to the nullity of these provisions.
Article 12 Applicable law and competent court
- Agreements between Oh, Baby!® and the Client to which these General Terms and Conditions relate shall exclusively be governed by Belgian law.
- All disputes arising from the Agreement shall be subject to the exclusive jurisdiction of the courts competent over Oh, Baby!®’s registered office.
- Contrary to the previous paragraph, if the Client acts in the capacity of a consumer, disputes arising from the Agreement may be submitted by either the Client or Oh, Baby!® to the Consumers' Ombudsman Service (www.consumentenombudsdienst.be).