Terms and Conditions

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Table of Contents:

Article 1 – Definitions

Article 2 – Identity of the Business

Article 3 – Applicability

Article 4 – The Offer

Article 5 – The Agreement

Article 6 – Right of Withdrawal

Article 7 – Consumer Obligations During the Cooling-Off Period

Article 8 – Exercise of the right of withdrawal by the consumer and associated costs

Article 9 – Obligations of the merchant in the event of cancellation

Article 10 – Exclusion of the Right of Withdrawal

Article 11 – The Price

Article 12 – Performance and Additional Warranty

Article 13 – Delivery and Performance

Article 14 – Long-term contracts: term, termination, and renewal

Article 15 – Payment

Article 16 – Complaints Procedure

Article 17 – Disputes

Article 18 – Industry Guarantee

Article 19 – Additional or Deviating Provisions

Article 20 – Amendments to the Thuiswinkel.org Terms and Conditions

Article 1 – Definitions

For the purposes of these terms and conditions, the following definitions apply:

Supplementary agreement: an agreement under which the consumer acquires products, digital content, and/or services in connection with a distance contract, and these products, digital content, and/or services are supplied by the business or by a third party based on an arrangement between that third party and the business;
Cooling-off period: the period during which the consumer may exercise their right of withdrawal;
Consumer: a natural person who is not acting for purposes related to their trade, business, craft, or profession;
Day: calendar day;
Digital content: data produced and delivered in digital form;
Continuing contract: a contract for the regular supply of goods, services, and/or digital content over a specified period;
Durable medium: any instrument—including email—that enables the consumer or business to store information addressed personally to them in a way that allows for future reference or use for a period of time appropriate to the purpose for which the information is intended, and that allows for the unaltered reproduction of the stored information;
Right of withdrawal: the consumer’s right to cancel the distance contract within the cooling-off period;
Business: a natural or legal person who is a member of Thuiswinkel.org and offers products, (access to) digital content, and/or services to consumers via distance selling;
Distance contract: a contract concluded between the merchant and the consumer within the framework of an organized system for the distance sale of products, digital content, and/or services, in which one or more means of distance communication are used exclusively or in part up to and including the conclusion of the contract;
Model withdrawal form: the European model withdrawal form included in Appendix I of these terms and conditions; Appendix I need not be provided if the consumer does not have a right of withdrawal with respect to their order;
Means of distance communication: a method that can be used to conclude a contract without the consumer and the business having to be physically present in the same location at the same time.

Article 2 – Identity of the Business

Business name: Vinnybaby B.V.

Operating under the name(s):

Wumby, Inc.

Business address:

46 Schijfstraat, 4847 SM, Teteringen, Netherlands

Phone number: +31767002029

Accessibility:

Monday through Friday from 9:00 AM to 5:00 PM

Email address: info@wumby.nl

Chamber of Commerce number: 86895192

VAT number: NL864138222B01

Article 3 – Applicability

These terms and conditions apply to every offer made by the business and to every distance contract entered into between the business and the consumer.
Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the consumer. If this is not reasonably possible, the merchant shall, before the distance contract is concluded, indicate how the general terms and conditions may be viewed at the merchant’s premises and that they will be sent free of charge as soon as possible upon the consumer’s request.
If the distance contract is concluded electronically, notwithstanding the preceding paragraph and prior to the conclusion of the distance contract, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated, prior to the conclusion of the distance contract, where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or by other means at the consumer’s request.
In the event that specific product or service terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis, and in the event of conflicting terms and conditions, the consumer may always rely on the applicable provision that is most favorable to him.

Article 4 – The Offer

If an offer is valid for a limited period or is subject to certain conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content, and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the business uses images, these are a true representation of the products, services, and/or digital content offered. Obvious mistakes or errors in the offer are not binding on the business.
Each offer must contain sufficient information to make it clear to the consumer what rights and obligations are associated with accepting the offer.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and fulfills the conditions set forth therein.
If the consumer has accepted the offer electronically, the business must immediately confirm receipt of the acceptance of the offer electronically. Until the business has confirmed receipt of this acceptance, the consumer may cancel the contract.
If the agreement is concluded electronically, the merchant shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a secure web environment. If the consumer is able to pay electronically, the merchant shall observe appropriate security measures for this purpose.
Within the limits of the law, the business may ascertain whether the consumer is able to meet their payment obligations, as well as all facts and factors relevant to the responsible conclusion of the distance contract. If, based on this assessment, the business has valid grounds for not entering into the contract, it is entitled to refuse an order or request, stating the reasons, or to attach special conditions to its performance.
No later than upon delivery of the product, service, or digital content to the consumer, the business must provide the following information in writing or in a manner that allows the consumer to store it in an accessible way on a durable medium:
the business address of the entrepreneur’s location where consumers can submit complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing post-purchase service;
the price of the product, service, or digital content, including all taxes; delivery costs, if applicable; and the method of payment, delivery, or performance of the distance contract;
the requirements for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration;
if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 – Right of Withdrawal
For products:

The consumer may cancel a contract for the purchase of a product within a 14-day cooling-off period without giving any reason. The seller may ask the consumer for the reason for the cancellation, but may not require the consumer to provide a reason or reasons.
The cooling-off period referred to in paragraph 1 begins on the day after the consumer, or a third party designated in advance by the consumer who is not the carrier, has received the product, or:
if the consumer has ordered multiple products in a single order: the day on which the consumer, or a third party designated by the consumer, received the last product. The merchant may refuse an order consisting of multiple products with different delivery times, provided that the merchant has clearly informed the consumer of this prior to the ordering process.
if the delivery of a product consists of multiple shipments or parts: the day on which the consumer, or a third party designated by the consumer, received the final shipment or part;
in the case of contracts for the regular delivery of products over a specified period: the day on which the consumer, or a third party designated by the consumer, received the first product.

For services and digital content not supplied on a tangible medium:
3. The consumer may withdraw from a service contract and a contract for the supply of digital content not supplied on a tangible medium within 14 days without giving any reason. The business may ask the consumer for the reason for the withdrawal, but may not require the consumer to state his reason(s).

The cooling-off period referred to in paragraph 3 begins on the day following the conclusion of the agreement.

Extended cooling-off period for products, services, and digital content not supplied on a tangible medium if the consumer is not informed of their right of withdrawal:

If the merchant has not provided the consumer with the legally required information regarding the right of withdrawal or the model withdrawal form, the cooling-off period expires twelve months after the end of the original cooling-off period determined in accordance with the preceding paragraphs of this section.
If the business has provided the consumer with the information referred to in the preceding paragraph within twelve months of the start date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 – Consumer Obligations During the Cooling-Off Period

During the cooling-off period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine its nature, characteristics, and functioning. The basic principle here is that the consumer may only handle and inspect the product in the same way that they would be permitted to do so in a store.
The consumer is liable only for any loss in value of the product resulting from handling the product in a manner that goes beyond what is permitted under paragraph 1.
The consumer is not liable for any loss in value of the product if the seller failed to provide the consumer with all legally required information regarding the right of withdrawal before or at the time the contract was concluded.

Article 8 – Exercise of the right of withdrawal by the consumer and associated costs

If the consumer exercises their right of withdrawal, they must notify the business of this within the cooling-off period using the model withdrawal form or by other unambiguous means.
The consumer shall return the product or hand it over to the business (or its representative) as soon as possible, but no later than 14 days from the day following the notification referred to in paragraph 1. This is not required if the business has offered to pick up the product itself. In any case, the consumer is deemed to have complied with the return period if he returns the product before the cooling-off period has expired.
The consumer must return the product with all accessories provided, in its original condition and packaging where reasonably possible, and in accordance with the reasonable and clear instructions provided by the merchant.
The risk and the burden of proof regarding the proper and timely exercise of the right of withdrawal lie with the consumer.
The consumer is responsible for the direct costs of returning the product. If the merchant has not indicated that the consumer must bear these costs, or if the merchant states that they will cover the costs themselves, the consumer is not required to pay the return shipping costs.
If the consumer withdraws after having first expressly requested that the performance of the service or the supply of gas, water, or electricity that have not been made ready for sale in a limited volume or specific quantity begins during the cooling-off period, the consumer owes the business an amount proportional to that part of the obligation that the business has fulfilled at the time of withdrawal, compared to the full fulfillment of the obligation.
The consumer shall not bear any costs for the provision of services or the supply of water, gas, or electricity that have not been packaged for sale in a limited volume or quantity, or for the supply of district heating, if:
the business has failed to provide the consumer with the legally required information regarding the right of withdrawal, the reimbursement of costs in the event of withdrawal, or the model withdrawal form, or;
the consumer has not expressly requested that the service or the supply of gas, water, electricity, or district heating begin during the cooling-off period.
The consumer shall not be charged 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 performance of the contract before the end of the cooling-off period;
he has not acknowledged that he loses his right of withdrawal upon giving his consent; or
The business owner failed to confirm this statement from the consumer.
If the consumer exercises their right of withdrawal, all ancillary agreements are automatically terminated.

Article 9 – Obligations of the merchant in the event of cancellation

If the merchant allows the consumer to submit a notice of withdrawal electronically, the merchant must send a confirmation of receipt immediately upon receiving such notice.
The merchant shall refund all payments made by the consumer, including any delivery costs charged by the merchant for the returned product, without delay but no later than 14 days following the day on which the consumer notifies the merchant of the cancellation. Unless the merchant offers to pick up the product himself, he may wait to issue a refund until he has received the product or until the consumer provides proof that he has returned the product, whichever occurs first.
The merchant will use the same payment method for the refund that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
If the consumer has chosen a delivery method that is more expensive than the cheapest standard delivery option, the merchant is not required to refund the additional costs associated with the more expensive method.

Article 10 – Exclusion of the Right of Withdrawal

The merchant may exclude the following products and services from the right of withdrawal, but only if the merchant has clearly stated this in the offer, or at least in a timely manner prior to the conclusion of the contract:

Products or services whose price is subject to fluctuations in the financial market over which the business has no control and which may occur within the cancellation period
Contracts concluded during a public auction. A public auction is defined as a method of sale in which products, digital content, and/or services are offered by the seller to consumers who are physically present at the auction or have the opportunity to be physically present, under the direction of an auctioneer, and in which the successful bidder is obligated to purchase the products, digital content, and/or services;
Service agreements, after full performance of the service, but only if:
performance has begun with the consumer’s express prior consent; and
the consumer has stated that he loses his right of withdrawal once the business has fully performed the contract;
Package tours as defined in Article 7:500 of the Dutch Civil Code and contracts for the carriage of passengers;
Service agreements for the provision of accommodation, where the agreement specifies a particular date or period of performance and is not for residential purposes, freight transport, car rental services, or catering;
Agreements relating to leisure activities, provided that the agreement specifies a particular date or period for their performance;
Products manufactured according to the consumer’s specifications, which are not prefabricated and are produced based on the consumer’s individual choice or decision, or which are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that, for reasons of health protection or hygiene, are not suitable for return and whose seal has been broken after delivery;
Products that, by their very nature, have become irrevocably mixed with other products after delivery;
Alcoholic beverages for which the price was agreed upon at the time the contract was concluded, but which cannot be delivered until 30 days later, and whose actual value depends on market fluctuations over which the business has no control;
Sealed audio and video recordings and computer software whose seals have been broken after delivery;
Newspapers, periodicals, or magazines, excluding subscriptions to them;
The supply of digital content other than on a physical medium, but only if:
performance has begun with the consumer’s express prior consent; and
The consumer has stated that by doing so, he forfeits his right of withdrawal.

Article 11 – The Price

During the validity period specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes resulting from changes in VAT rates.
Notwithstanding the preceding paragraph, the merchant may offer products or services at variable prices if their prices are subject to fluctuations in the financial market over which the merchant has no control. This dependence on market fluctuations and the fact that any prices listed are indicative prices must be stated in the offer.
Price increases within three months of the conclusion of the agreement are permitted only if they result from statutory regulations or provisions.
Price increases effective three months after the conclusion of the agreement are permitted only if the business has stipulated this and:
are the result of legal regulations or provisions; or
the consumer has the right to terminate the contract effective as of the day the price increase takes effect.
The prices listed in the product or service offerings include VAT.

Article 12 – Performance of the Agreement and Additional Warranty

The business guarantees that the products and/or services comply with the agreement, the specifications set forth in the offer, reasonable standards of quality and/or fitness for purpose, and the legal provisions and/or government regulations in effect on the date the agreement was concluded. If agreed upon, the business also guarantees that the product is suitable for uses other than normal use.
Any additional warranty provided by the business, its supplier, manufacturer, or importer shall in no way limit the consumer’s statutory rights and claims against the business under the agreement if the business has failed to fulfill its obligations under the agreement.
“Extended warranty” means any commitment made by the business, its supplier, importer, or manufacturer whereby they grant the consumer certain rights or remedies that go beyond what they are legally required to provide in the event that they fail to fulfill their obligations under the agreement.

Article 13 – Delivery and Performance

The business owner will exercise the utmost care when receiving and fulfilling orders for products and when evaluating requests for services.
The place of delivery is the address that the consumer has provided to the business.
Subject to the provisions of Article 4 of these Terms and Conditions, the merchant will fulfill accepted orders with due diligence, but no later than within 30 days, unless a different delivery period has been agreed upon. If delivery is delayed, or if an order cannot be fulfilled or can only be partially fulfilled, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement at no cost and is entitled to any compensation.
Following termination in accordance with the preceding paragraph, the merchant shall promptly refund the amount paid by the consumer.
The risk of damage to and/or loss of products remains with the merchant until the moment of delivery to the consumer or to a representative designated in advance and notified to the merchant, unless expressly agreed otherwise.

Article 14 – Long-term contracts: term, termination, and renewal

Cancellation:

The consumer may terminate a contract entered into for an indefinite period that provides for the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
A consumer may terminate a fixed-term contract for the regular supply of products (including electricity) or services at any time prior to the end of the fixed term, subject to the agreed termination rules and a notice period of no more than one month.
The consumer may terminate the contracts referred to in the preceding paragraphs:
terminate at any time and not be limited to termination at a specific time or during a specific period;
at least terminate them in the same manner in which they were entered into by him;
always give notice with the same notice period that the business owner has stipulated for themselves.

Extension:

A fixed-term contract for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed term.
Notwithstanding the preceding paragraph, a fixed-term contract for the regular delivery of daily newspapers, weekly newspapers, and magazines may be tacitly renewed for a fixed term of no more than three months, provided that the consumer may terminate this renewed contract at the end of the renewal period with a notice period of no more than one month.
A fixed-term contract for the regular delivery of goods or services may only be tacitly renewed for an indefinite period if the consumer is entitled to terminate the contract at any time with a notice period of no more than one month. The notice period shall not exceed three months in the event that the agreement provides for the regular, but less than once-a-month, delivery of daily newspapers, news publications, weekly newspapers, and magazines.
A fixed-term agreement for the regular delivery of daily newspapers, news publications, weekly newspapers, and magazines for introductory purposes (trial or introductory subscription) is not automatically renewed and ends automatically at the conclusion of the trial or introductory period.

Duration:

If a contract has a term of more than one year, the consumer may terminate the contract at any time after one year with a notice period of no more than one month, unless fairness and equity preclude termination before the end of the agreed term.

Article 15 – Payment

Unless otherwise specified in the agreement or supplementary terms and conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, if there is no cooling-off period, within 14 days after the conclusion of the agreement. In the case of a contract for the provision of a service, this period begins on the day after the consumer has received confirmation of the contract.
When selling products to consumers, the terms and conditions may never require the consumer to make an advance payment of more than 50%. If an advance payment is stipulated, the consumer may not assert any rights regarding the fulfillment of the relevant order or service(s) until the stipulated advance payment has been made.
The consumer is obligated to immediately notify the merchant of any inaccuracies in the payment information provided or listed.
If the consumer fails to meet his payment obligation(s) on time, and after the business has notified him of the late payment and granted him a 14-day grace period—beginning the day after receipt of the reminder—to fulfill his payment obligations, and if payment is not made within this 14-day, the consumer shall owe statutory interest on the outstanding amount, and the business shall be entitled to charge the extrajudicial collection costs incurred by it. These collection costs shall 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. The entrepreneur may deviate from the aforementioned amounts and percentages in favor of the consumer.

Article 16 – Complaints Procedure

The business owner has a clearly communicated complaint procedure in place and handles complaints in accordance with this procedure.
Complaints regarding the performance of the contract must be submitted to the business in full and clearly described within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the business will be responded to within 14 days of receipt. If a complaint requires a foreseeable longer processing time, the business will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
A complaint about a product, service, or the merchant’s customer service can also be submitted via a complaint form on the consumer page of the Thuiswinkel.org website at www.thuiswinkel.org. The complaint will then be sent to both the merchant in question and Thuiswinkel.org.
The consumer must give the business at least four weeks to resolve the complaint through mutual consultation. After this period, a dispute arises that is subject to the dispute resolution procedure.

Article 17 – Disputes

Agreements between the business and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law.
Disputes between the consumer and the business regarding the formation or performance of agreements relating to products and services to be supplied or supplied by the business may, subject to the provisions set forth below, be submitted by either the consumer or the business to the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP The Hague (www.sgc.nl).
The Dispute Resolution Committee will only consider a dispute if the consumer has first submitted the complaint to the business within a reasonable time.
If the complaint does not lead to a resolution, the dispute must be submitted to the Disputes Committee in writing or in another form to be determined by the Committee no later than 12 months after the date on which the consumer filed the complaint with the business.
If the consumer wishes to submit a dispute to the Dispute Resolution Committee, the business must abide by this decision. The consumer should preferably notify the business of this first.
If the business owner wishes to submit a dispute to the Dispute Resolution Committee, the consumer must, within five weeks of receiving a written request to that effect from the business owner, state in writing whether he agrees to this or whether he wishes to have the dispute heard by the competent court. If the business owner does not receive the consumer’s choice within the five-week period, the business owner is entitled to submit the dispute to the competent court.
The Dispute Resolution Committee renders its decisions in accordance with the terms and conditions set forth in the Committee’s rules of procedure (www.degeschillencommissie.nl/over-ons/de-commissies/2404/thuiswinkel). The Committee’s decisions are issued in the form of binding advice.
The Dispute Resolution Committee will not hear a dispute or will discontinue proceedings if the business has been granted a stay of payments, has been declared bankrupt, or has effectively ceased its business operations before the committee has heard the dispute at a hearing and rendered a final decision.
If, in addition to the Thuiswinkel Dispute Committee, another recognized dispute committee or one affiliated with the Foundation for Consumer Dispute Committees (SGC) or the Financial Services Complaints Institute (Kifid) has jurisdiction, the Thuiswinkel Dispute Committee shall have preferential jurisdiction over disputes concerning primarily the method of distance selling or service provision. For all other disputes, the other recognized dispute resolution committee affiliated with the SGC or Kifid.

Article 18 – Industry Guarantee

Thuiswinkel.org guarantees that its members will comply with the binding decisions of the Thuiswinkel Disputes Committee, unless the member decides to submit the binding decision to a court for review within two months of its issuance. This guarantee is reinstated if the binding recommendation is upheld following judicial review and the judgment confirming this has become final. Up to a maximum amount of €10,000 per binding recommendation, this amount will be paid to the consumer by Thuiswinkel.org. For amounts exceeding €10,000 per binding opinion, €10,000 will be paid out. For the remainder, Thuiswinkel.org has a best-efforts obligation to ensure that the member complies with the binding opinion.
To invoke this guarantee, the consumer must submit a written claim to Thuiswinkel.org and assign his claim against the merchant to Thuiswinkel.org. If the claim against the merchant exceeds €10,000, the consumer will be offered the option to assign the portion of the claim exceeding €10,000 to Thuiswinkel.org, after which this organization will, in its own name and at its own expense, pursue payment through legal channels to satisfy the consumer.

Article 19 – Additional or Deviating Provisions

Any additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be set forth in writing or in such a way that the consumer can store them in an accessible manner on a durable medium.

Article 20 – Amendments to the Thuiswinkel.org Terms and Conditions

Changes to these terms and conditions will take effect only after they have been published in an appropriate manner, provided that, in the event of applicable changes during the term of an offer, the provision most favorable to the consumer shall prevail.

Thuiswinkel.org

www.thuiswinkel.org

20 Horaplantsoen, 6717 LT Ede

Appendix I: Model withdrawal form

Model withdrawal form

(Please complete and return this form only if you wish to cancel the agreement)

To: [business owner's name]

[business address]

[Business fax number, if available]

[business email address]

I/We* hereby notify you that I/we* are terminating our agreement regarding

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

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

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

revoke/revoke*

Ordered on*/Received on* [order date for services or delivery date for products]
[Name of consumer(s)]
[Consumer(s)' address]
[Consumer(s) signature(s)] (only if this form is submitted on paper)
[Date]

* Cross out what does not apply or fill in what does apply.