General terms and conditions
These terms and conditions of sale are agreed between:
New Valmar BV
With registered office in Evergem
Intra-Community VAT No.: BE0447933429
Telephone number: +32 (0)9 277 20 20
referred to as ‘the Seller’
Any person wishing to make a purchase through the Seller’s website (hereinafter referred to as ‘the Website’), at the web address www.nuby.be, www.nuby.fr, www.nuby.nl, www.nuby.es, www.nuby.de and www.nuby.it.
Hereinafter referred to as ‘the Customer’
Hereinafter jointly referred to as ‘the Parties’ and individually as ‘the Party’.
ARTICLE 1: SUBJECT
These General Terms and Conditions of Sale define the contractual relationship between the Seller and the Customer as well as the conditions applicable to any purchase made by the Customer through the Website.
By agreeing to these General Terms and Conditions of Sale, the Customer undertakes not to make any purchases in order to resell them, in accordance with Art. 35, Book X of the Belgian Code of Economic Law. The Customer acknowledges and accepts that he may not purchase more than 1000 products at the same time via the Website.
The Customer must be at least 18 years old and have the legal capacity or hold an authorisation to place an order via the Website.
The purchase of a product through the Website implies full acceptance of these General Terms and Conditions of Sale by the Customer. These take precedence over all other general or special terms and conditions of the Customer.
The Seller reserves the right to change the General Terms and Conditions of Sale at any time. It is nevertheless agreed that the Terms and Conditions applicable to the Customer are those in effect at the time of the order.
These General Terms and Conditions of Sale are the exclusive property of the Seller. Any copy, even partial, is strictly prohibited.
ARTICLE 2: PRODUCT DESCRIPTION
The products on offer are presented on the Website.
The photographs that might appear in the presentation of the products are as accurate as possible, but cannot guarantee a perfect resemblance to the product presented and, in certain cases, are suggestions for presenting, for which all of elements on the photograph are not systematically offered for sale.
The product range is intended for normal, non-commercial use by a consumer. Art. 1649bis of the Belgian Civil Code defines ‘consumer’ as follows: “any natural person who, solely for non-professional purposes, acquires or uses products placed on the market”.
The offer is valid while stocks last and can be changed by the Seller at any time. The offer is always compiled with the greatest care. However, it is possible that the information is not complete, incorrect or out of date. To avoid misunderstandings, please contact customer service in advance. The Seller is in no way liable for material errors, typing errors or printing errors.
ARTICLE 3: PRICE AND PAYMENT
ARTICLE 3.1 - PRICE
The prices refer only to the article described in the text. The prices indicated by the Seller at the time of the order are inclusive of VAT and calculated on the basis of the applicable VAT rate on the day of the order. Any rate change will be immediately applied to the prices of the proposed products.
The prices are shown without costs for transport, delivery, service or other administrative, mandatory costs that are further specified on the Website during the ordering process. The Seller reserves the right to change the prices at any time, on the understanding that the prices displayed on the Website on the day of the order apply to the Customer without exception.
The prices indicated also include the processing fee for the order.
The selling price is due on confirmation of the order.
ARTICLE 3.2 - PAYMENT
Method of payment
The order can be paid for using the following: Bancontact, Maestro, Visa, Mastercard, iDeal;
If the Customer pays for his order with the credit card, he must enter the number, the expiry date, CVC code (3 digits on the back of the card) and the name of the card holder during the ordering process. The Customer must use the same name shown on the bank card.
The Customer will be immediately notified whether his online payment has been accepted/refused.
The Seller remains the owner of the sold products until the amount due has actually been paid in full by the Customer. If payment is not made within the stipulated payment deadline, the Seller can reclaim the products.
When payment is made via the Website, the bank transaction is secured and the Seller does not store the Customer’s bank details under any circumstances. To guarantee the security of online payments, the Customer’s transaction data is encrypted via a secure server (SSL).
The Seller can provide the Customer with an invoice including VAT upon simple request from the Customer to the Seller.
ARTICLE 4: ORDERING PROCESS
Customers wishing to place an order on the Website must:
- consult the description of the proposed products and add the desired items to the shopping cart;
- sign up or register by providing the Seller with the requested information, including a name, email address, telephone number, and billing and delivery address;
- validate the shopping cart by clicking the ‘Confirm’ button;
- select the payment method;
- confirm the order by clicking the ‘Place order’ button.
It is the Customer’s responsibility to verify the correctness of the information provided for which he is solely responsible, and to update his data in the case of change.
The Seller will, without being bound to a specified period, send the Customer an order confirmation by email containing all the information provided by the Customer.
The entirety of the registered data provided and the confirmation are sufficient proof of the transaction.
The Seller shall archive orders and confirmations of orders on a reliable and durable medium in order to keep a reliable copy, in accordance with the provisions of Article 46, Book VI of the Belgian Code of Economic Law. The Seller’s digital registers are considered by both Parties as evidence of communication, orders, payments and transactions between the Parties.
It is the Customer’s responsibility to keep track of the order number assigned to it by the Seller, which number can be requested in the case of complaints.
It is specified that the Seller reserves the right to change an order of an abnormal nature, in particular when the quantities ordered are not justifiable. The Customer acknowledges and accepts that he may not purchase more than 1000 products at the same time via the Website.
ARTICLE 5: DELIVERY
ARTICLE 5.1 - Delivery methods
The online sale of the products presented on the Website is reserved for Customers residing in Belgium, the Netherlands, France, Luxembourg, Spain, Germany and Italy.
Deliveries will be made to the address provided by the Customer during registration as soon as payment has been completed.
Delivery will be made to your home by GLS.
ARTICLE 5.2 - Delivery times
The maximum delivery time of a product from the moment of ordering is communicated before the order is confirmed by the Customer. When multiple products are ordered at the same time, the delivery time for the entire order is the longest delivery time indicated for one of the products.
Under no circumstances may the delivery time exceed thirty (30) days.
If the Seller fails to fulfil this obligation, the Customer may terminate the contract by means of a registered letter with acknowledgement of receipt or in writing via another medium, if the Customer has similarly requested the Seller to deliver within an additional, reasonable period of time and if the Seller fails to do so.
The contract is considered terminated when the Seller receives the letter or correspondence from the Customer regarding termination of the contract, unless the Seller has already done so in the meantime.
However, the Customer may terminate the contract with immediate effect if the date or the foreseen delivery time represents an essential condition of the contract for the Customer. This essential condition arises from circumstances in which the contract was concluded or from a written express request from the Customer before the contract was concluded.
The Seller will refund the total amounts already paid according to the payment method of its choice within a maximum period of fourteen (14) days from the date on which the contract is terminated. The sum paid to the Customer by the Seller is automatically increased by 10% if the refund is made later than thirty (30) days, by 20% in the case of sixty (60) days, and by 50% if longer.
The Customer nevertheless has the right to choose another method of reimbursement.
The Seller will inform the Customer by email when his order is dispatched. A track & trace link can be found in this email.
ARTICLE 5.3 - Delivery costs
Delivery costs are € 4,95 for Belgium, the Netherlands, France, Luxembourg, Spain, Germany and Italy if the order amount is less than € 25. Orders valued at more than € 25 are delivered free of charge. This will be stated prior to order confirmation.
ARTICLE 6: UNAVAILABLE PRODUCTS
The Seller will inform the Customer by email if an ordered product is no longer in stock. The Seller will specify the new delivery time if it is longer than twenty-one (21) days from the order date.
When products are unavailable, the Customer has the option to keep or cancel his order within a period of 72 days from the date of receipt of the email. The information about the unavailability of products is in certain cases provided by a third party supplier, as a result of which the unavailability of products is not the responsibility of the Seller and as a result of which the Customer cannot claim damage compensation.
If the Customer does not respond within the stipulated period, the order is retained. If the order is cancelled, the amount will be refunded to the Customer.
ARTICLE 7: LIABILITY
The Seller may exempt itself from liability in whole or in part if it can prove that the non-performance or poor performance of the contract is attributable to either the Customer or, through unforeseen and insurmountable events, a third party involved in the contract, or due to force majeure as described in Article 1148 of the Belgian Civil Code and Belgian case law.
The Seller is not liable if a disruption takes place during the Customer’s order, caused by the Customer’s internet connection or any other external event.
It is the Customer’s responsibility to see to it that the ordered products meet his needs perfectly.
ARTICLE 8: WARRANTY
All complaints under this article must be directed to the Seller’s customer service department by calling +32 (0)9 277 20 20 or emailing firstname.lastname@example.org and stating the order number.
All products supplied by the Seller are covered by the legal warranty as described in Art. 1625 of the Belgian Civil Code .
In addition, for 2 years the Customer enjoys the conformity warranty for products in accordance with Art. 1649bis of the Belgian Civil Code . In the case of non-conformity of a product sold, the Customer can choose between repairing or replacing the product free of charge. However, if the Customer’s choice entails a manifestly unreasonable cost to the Seller, the latter may proceed at its own discretion.
If repair and replacement of the product are impossible, the Customer may return the product and request a refund of the price or keep the product and request a partial refund of the price, or request an exchange of the product, if possible.
The Customer also has this choice if the solution he has requested does not start within one (1) month after his complaint or if this solution cannot be implemented without major hindrance to the Customer, taking into account the nature of the product and its use.
However, the sale cannot be terminated if the conformity error is minor.
In any case, the warranty for non-conformity of the product does not imply any cost to the Customer.
In order to enforce the warranty, the Customer must be able to present proof of purchase. The warranty is not transferable.
The warranty never covers manufacturing defects that are the result of accidents, a deterioration of the product due to negligence, unforeseen and incorrect use of the product, non-compliance with the instructions for use, changes made to the product, excessively heavy use of the product, incorrect assembly, poor maintenance or abnormal, commercial or incorrect use. The warranty also does not apply to items with a shorter lifespan (for example, disposable items or products that have a shorter expiration date) or in the case of intervention by a third party not recommended by the Seller.
Legal action as a result of the conformity error is time-barred after two (2) years from delivery of the product.
In the case of non-conformity of a product sold, this product must be returned to the Seller, who will accept, exchange or refund it.
Replacing a non-conforming product does not extend the warranty period.
ARTICLE 9: INTELLECTUAL PROPERTY
All elements of the Website, in particular all images, sounds, textual elements, videos, including the underlying technology and the presentation of the products, are the exclusive property of the Seller.
Consequently, the Customer is prohibited from copying, duplicating or distributing one or more elements that make up this Website, even partially. All copies and duplicates of the Website must be expressly approved in advance by the Seller. Failure to comply with this obligation constitutes counterfeiting for which the perpetrator is civilly liable .
The trademarks ‘Nûby’ and ‘Dr. Talbot’s’ are registered. Consequently, the Customer is prohibited from harming the trademarks ‘Nûby’ and ‘Dr. Talbot’s’. Any use or copying of these trademarks by the Customer without the prior consent of the Seller, for whatever reason, and on whatever medium, constitutes counterfeiting and is subject to criminal and civil prosecution.
ARTICLE 10: PERSONAL DATA
Information containing name references referring to the Customer is processed automatically by the Seller.
The Customer is aware that his data are being processed so that the Seller can offer him the various services proposed on the Website.
In accordance with European Regulation 2016/679 (GDPR), the Customer has the right to access, rectify and erase his data and to object to all personal data held about him.
This right can be exercised at any time by the Customer by contacting us by email or letter, with a proof of identity attached, addressed to one of the following:
- New Valmar BV, Attn. Webshop, Buntstraat 104, B-9940 Evergem
Requests will be processed by the Seller within a maximum of two (2) months from the date of receipt of the complete request.
ARTICLE 11: THE RIGHT OF WITHDRAWAL
ARTICLE 11.1 – Term and refund
Each Customer who is considered a consumer in accordance with the Consumer Act and who places an order on the Website for non-professional purposes, enjoys the right of withdrawal (Art. 47, Book VI of the Belgian Code of Economic Law) .
The Customer has a right of withdrawal of fourteen (14) days from the date of receipt of the last product (in the case of an order with several products that were delivered separately or of an ordered product consisting of several parts and delivered several times), to return the product to the Seller for an exchange or refund, without the latter having to justify his decision and without having to pay extra except for the return costs.
The Customer shall inform the Seller of its decision to withdraw from the contract, before the deadline has expired, by email to email@example.com, clearly stating the order number. The return form attached to these General Terms and Conditions of Sale must be enclosed with the return shipment.
If the returned product is in perfect condition, the Seller will refund the Customer in full, excluding shipping costs (if applicable), using the same method of payment as the payment method chosen by the Customer for the payment of his order , unless a different payment method has been expressly agreed with the Customer, within a maximum period of fourteen (14) days from the day on which the Customer communicates that he is invoking his right of withdrawal.
In accordance with Art. 53 of Book VI Belgian Code of Economic Law, the Customer acknowledges and accepts that the right of withdrawal does not apply to:
- products of which the Customer has broken the seal after delivery and which cannot be returned for hygiene or health reasons (example: drinking bottles, lunch boxes)
- products based on Customer specifications or personalised products;
- audio or video carriers or software that have already been opened by the Customer after delivery (for example: CD, DVD and video games).
- products with a limited useful life;
- digital content that has already been delivered/downloaded with your consent during the exemption period
ARTICLE 11.2 - Return conditions
The Customer may return the product to the Seller or a person appointed by the Seller for this purpose at the latest fourteen (14) days after the Customer informs the Seller that he is invoking his right of withdrawal, unless the Seller proposes picking up the product himself.
The Customer pays the return costs of the product.
The product must be returned in its original condition and in its new, unopened packaging.
The Customer who wishes to return a product must inform the Seller of this by sending an email firstname.lastname@example.org clearly stating the order number.
Returns are sent:
- via a party of the Customer’s choice, with the destination address for the articles: New Valmar BV, Attn. Webshop, Buntstraat 104, B-9940 Evergem.
It is the customer’s responsibility to retain the proof of shipment received from the post office or collection point to prove the return.
Upon receipt of the package sent by the Customer, the Seller checks the quality and quantity of the products. In the case of deviations, the Seller will inform the Customer by email. If no deviations are found, the Seller will confirm to the Customer by email that the package has been received properly and will make the refund.
ARTICLE 12: DEBT FORGIVENESS AND FORBEARANCE
It is formally agreed between the Parties that any waiver or forbearance by either Party related to all or part of the undertakings provided for in these terms and conditions, regardless of their frequency or duration, shall not alter these terms and conditions, and shall not result in a vested right.
No event of delay, inaction, abstention or omission by the Seller in exercising its rights under these terms and conditions shall in any way affect those rights and shall not constitute a waiver of its rights.
ARTICLE 13: INTEGRALITY
These General Terms and Conditions of Sale describe the entire obligations of the Parties.
No indication or document of any kind shall constitute any obligation under these terms and conditions unless previously signed for agreement in writing by both Parties. Correspondence prior to subscribing to these terms and conditions cannot impose any obligations under this contract.
ARTICLE 14: PARTIAL NON-VALIDITY
If any provision of this agreement is held to be invalid, or declared invalid by a decision of a competent court, the remaining provisions shall remain in effect to the same extent.
ARTICLE 15: DOCUMENT PRIORITY
If there appears to be a contradiction between these terms and conditions and special terms and conditions, the special terms conditions shall take precedence.
ARTICLE 16: RISKS ASSOCIATED WITH THE INTERNET
The customer is aware of the limitations and risks of using the internet or any other means by which the Website can be visited. He is also aware of the risks associated with the storage and transfer of digital or electronic information.
You agree that we cannot be held responsible for any damages that may be caused by the risks associated with using our Website or the internet.
The customer agrees that electronic communications and stored files may be used as evidence.
ARTICLE 17: APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale are subject to Belgian Law.
The language in which these General Terms and Conditions of Sale are drawn up is Dutch.
In the event that any dispute between the two Parties arising out of the implementation or interpretation of these terms and conditions, the Parties agree that, before any legal action is taken, any complaint shall first be communicated by certified mail with acknowledgement of receipt.
Each Party may, after a period of ten (10) days after the letter was sent, take the necessary legal action.
The Customer can make use of the European platform for online dispute resolution, at the following address: http://ec.europa.eu/consumers/odr/
It is specified that a request for mediation by the Customer is only admissible if:
- the Customer first attempted to resolve the dispute directly with the Seller through a written complaint, in the manner previously described;
- the Customer’s request is not manifestly unfounded or unlawful;
- the Customer’s request was submitted within less than one year from the date on which he submitted his complaint in writing to the Seller;
- the dispute has not been previously investigated by another mediator or a court.
APPENDIX - WITHDRAWAL FORM
Return this form, completed and signed, only if you wish to invoke your right of withdrawal:
NEW VALMAR BV
I/we (*) wish via this form to invoke my/our (*) right of withdrawal regarding the article described below:
Order number: __________________________________________________________________________
Ordered on (*)/received on (*): _____________________________________________________________
Name of the consumer(s): _______________________________________________________________
Address of the consumer(s): _______________________________________________________________
Signature of the consumer(s) (only when the form is submitted on paper):
(*) Delete as appropriate.
Reason for returning product:
o Wrong colour
o Too large
o Too small
o Received wrong product
o Product arrived damaged
o Other reason: