GENERAL TERMS AND CONDITIONS OF SALES
- General terms and conditions
1.1 These general terms and conditions of sales are applicable to and are part of all sales agreements concluded by UNIIN B.V. as seller of baby carriers (hereafter: “UNIIN”).
1.2 UNIIN does not accept any general terms and/or conditions of Customer (hereafter: “Customer”), except if and in as far as any condition or conditions have been accepted by UNIIN in writing.
1.3 UNIIN accepts no liability for products selling out, or for any image or typographical errors on its website, e.g. errors in a product description or technical specification, incorrect prices or incorrect information about product availability. UNIIN is entitled to correct any such errors, as well as change or update the information on its website, at any time.
2.1 All offers and quotations of UNIIN are without obligation and valid until 30 days after the date of being made unless another term is given by UNIIN. .
2.2 To be able to make a purchase via the website, the Customer must accept these general terms and conditions. By placing an order on the website, the Customer accepts these general terms and conditions.
2.2 All (on-line) sales by UNIIN are confirmed by UNIIN by e-mail to the Customer.
2.3 Any (order) confirmation(s) from the Customer which deviates from UNIIN’s order-confirmation, are only binding to UNIIN if UNIIN has accepted such deviations in writing.
- Price and terms of payment
3.1 The price in UNIIN’s order-confirmation is set fixed and inclusive of VAT. This price includes all the costs (such as packaging material).
3.2 All taxes and excises of any nature whatsoever now or hereafter levied by governmental authority, whether federal, state or local, either directly or indirectly, upon the sale or transportation of any goods covered, shall be paid and borne by Customer .
3.3 Set-off or retention of payment by the Customer is not allowed, unless UNIIN confirmed in writing that set-off or retention of payment is allowed by Customer.
3.4 Customer shall be deemed to be in default without reminder or notice of default if it fails to effect payments due. Default interests may be charged at an annual rate of 12%.
3.5 In all cases UNIIN remains, without any restriction, owner of the goods until the moment that the Customer has fulfilled all commitment(s) and payment(s) in full has been received by UNIIN.
3.6 UNIIN is entitled to command a minimum of 100% payment in advance against online sales of the goods.
3.7 There are no warranties with the goods of UNIIN. When issues arise, UNIIN reserves the right to determine whether a replacement or repair is most appropriate.
- Delivery and delays
4.1 Prices include delivery by a standard postal service.
4.2 UNIIN shall be released from the agreed delivery dates and periods to the extent that and as long as circumstances occur, which substantially impede performance. All difficulties, irrespective of their nature, the sphere and segment of the supply chain in which they occur, such as force majeure and acts of god (e.g. flooding, ice, loss of harvest, et cetera) export and import restrictions, problems in production, problems in procuring commodities, disruption of operations (breakdown of equipment or machinery, fire, et cetera), strikes, shortage of personnel or any similar actions, states of emergency or loading and transportation difficulties are deemed to be substantial impediments to performance.
4.3 In the event of a substantial impediment to performance under clause 4.2, UNIIN is entitled to rescind the contract with immediate effect without damages or extend the agreed delivery period by the duration of such impediment and time required to make adjustments or to be able to deliver. If such an extension period will be longer than two months, than Customer may rescind the agreement. If continuation of the agreement appears unreasonable for either party before the extension period has expired, that party may rescind or terminate the contract. UNIIN shall give notice to the Customer of the duration of the extension period.
4.4 In case Customer is in default with any obligation under the agreement with UNIIN, than UNIIN is entitled to postpone delivery by the same number of days as Customer was in arrears in addition to a reasonable period for making appropriate arrangements. UNIIN is also entitled to suspend its own obligations as long as Customer is in default.
- Examination and conformity to specifications
5.1 On delivery the Customer shall examine the goods and verify that the delivered goods meet all contractual requirements.
5.2 Any complaints about the delivered goods should be made in writing and should reach UNIIN not later than within seven (7) days from the date of discovery of any non-conformity of the goods. The use of the goods shall be deemed to be an unconditional acceptance of the goods and a waiver of all claims in respect of the goods.
5.3 Duly specified complaints do not affect the obligation of Customer to pay the price for the goods. Upon receipt of a notice of defect, UNIIN is entitled to suspend all further deliveries until the complaints are investigated and established to be unfounded and/or refuted or until the defect has been totally cured.
- Right of return
6.1 When ordering through UNIIN’s website a cooling off period of 14 calendar days after delivery is applicable. The Customer has the right to return the goods delivered on the following conditions:
(i) the goods must not be damaged. The original package must be available;
(ii) the goods must be in a state for re-selling by UNIIN;
(iii) after receipt of the returned goods by UNIIN, the order will be canceled. Any amount already paid by the Customer will be returned within 30 days of cancellation to an account of the Customer ’s choice.
(iv) cancellation of orders must be made by e-mail to UNIIN.
The following goods are explicitly excluded from the right of return:
- custom made goods. Such specially ordered and/or customized goods cannot be returned because those goods cannot be used for sales anymore.
6.2 How to return an item:
- Please fill in the returns form that came with your order. If you have lost the returns form, you can download a new form. Place this information with the item in its original box and make sure it is securely packed.
- Send the parcel to this address:
Make sure our address is clearly visible on the parcel.
- Pay the correct postage and send the item back by post/courier. Remember to keep the receipt until we have registered your return.
- We will send you an e-mail as soon as we have received the returned item.
- We will issue a refund no later than 14 days from the day on which we are informed about your decision to return the item. Any refund will be issued to the same account used to make the original purchase. We are unfortunately unable to issue a refund to any other account.
You are welcome to contact our Customer Service for help with your return:
- Transfer of risk and property
7.1 The risk of the goods shall pass to Customer on delivery.
7.2 In case delivery of goods is suspended, pending payment by Customer, as well goods which delivery is wrongfully rejected or not accepted by Customer, shall be held and stored by UNIIN at the risk and expense of Customer.
7.3 The ownership of the goods shall not pass to Customer and the full legal and beneficial ownership of the goods shall remain with UNIIN, unless and until UNIIN has received payment in full for the goods, including all secondary costs, such as interest, demurrage, charges, expenses, et cetera.
8.1 In case liability of UNIIN is established, such liability is limited to the loss or damage which was foreseeable at the time the contract was concluded up to a maximum amount equivalent to the purchase price agreed with UNIIN. Under no circumstances UNIIN shall be liable to Customer for any other kind of special, incidental, direct or indirect, consequential or punitive damages or loss, cost or expense.
- Governing law and jurisdiction
9.1 All disputes that arise from or in connection with the agreement and further agreements resulting there from, will be subject to the exclusive jurisdiction of the competent court in Amsterdam, The Netherlands.
9.2 These general terms and conditions are solely governed by Dutch law.
9.3 The applicability of the U.N. convention on contracts for the international sale of goods (CISG), concluded in Vienna on the 11th of April 1980, is excluded.
- Compliance with laws and standards
10.1 UNIIN makes no promise or representation that the goods shall conform to any law statute, ordinance, regulation codes or standard (“laws and standards”) unless expressly stated in UNIIN’s confirmation or in the specifications of the goods. The goods may be subject to requirements or limitations under laws and standards in the country of delivery of the goods. Customer shall be exclusively responsible for ensuring compliance with all laws and standards associated with its intended use of the goods.
- Intellectual property
11.1 The sale of goods to Customer shall not convey any license or right under any intellectual property rights, relating to the compositions and/or applications of the goods, and Customer expressly assumes all risks of any intellectual property infringement by reason of its importation and/or use of the goods, whether or not in combination with other materials or in any processing operation.
- Company information
12.1 All rights owned to UNIIN BV, chamber of commerce (kvk) number 85376965, can be contacted on mail address email@example.com.