Terms and Conditions

Table of Contents:
Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Obligations of the consumer during the reflection period
Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 - Obligations of the entrepreneur upon withdrawal
Article 10 - The price
Article 11 - Compliance, use and additional guarantee
Article 12 - Delivery and execution
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Disputes
Article 16 - Additional Provisions
Article 17 - Additional or deviating provisions

Article 1 - Definitions.

In these terms and conditions:
1. Supplementary agreement: 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 supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer can make use of his right of withdrawal;
3. Consumer: the natural person who is not acting for purposes related to his trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and delivered in digital form;
6. Continuing performance contract: an agreement that extends to the regular delivery of goods, services and/or digital content during a certain period;
7. Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that facilitates future consultation or use during a period that is geared to the purpose for which the information is intended, and which allows unaltered reproduction of the stored information;
8. Right of withdrawal: the option of the consumer to waive the distance contract within the cooling-off period;
9. Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions.
12. Technique for distance communication: means that can be used to conclude an agreement, without the consumer and entrepreneur having to meet in the same room at the same time.

Article 2 - Identity of The Entrepreneur.

Interactive-365 BV - JBørnEU

Address:
Van Utrechtweg 4, 2921 LN, Krimpen aan den IJssel, The Netherlands

E-mail address: hello@just-born.nl
Chamber of Commerce number: 84110678
VAT identification number: NL863100053B01

Article 3 - Applicability.

1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
2. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance contract is concluded in what way the general terms and conditions can be consulted with the entrepreneur and that they will be sent free of charge to the consumer as soon as possible at the consumer's request.
3. If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, 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 data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.
4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the applicable provision that is most favourable to him in the event of conflicting conditions.

Article 4 - The Offer.

1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products, services and / or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.
   
   Article 5 - The Agreement.
4. The agreement is concluded at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
5. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
6. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
7. The entrepreneur can - within legal frameworks - inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to submit an order or request, stating reasons.
   to refuse or to attach special conditions to the implementation.
8. The entrepreneur makes the following clear to the consumer via accessible information on the website www.j-born.eu:
   a. The conditions under which and the manner in which the consumer can make use of the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
   b. The information about warranties and existing after-sales service;
   c. The price including all taxes of the product, where applicable the costs of delivery; and the method of payment, delivery or performance of the distance contract;
   d. The way in which a consumer can make use of his right of withdrawal.

Article 6 - Right of Withdrawal.

For products: 

3. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but cannot oblige him to state his reason(s).
4. The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
5. if the consumer has ordered multiple products in the same order: the day on which the consumer, or a third party designated by the consumer, has received the last product. The entrepreneur may refuse an order for multiple products with different delivery times, provided that he has clearly informed the consumer of this prior to the ordering process.
6. if the delivery of a product consists of different shipments or parts: the day on which the consumer, or a third party designated by the consumer, has received the last shipment or the last part;
7. in the case of agreements for the regular delivery of products during a specific period: the day on which the consumer, or a third party designated by the consumer, has received the first product.

Article 7 - Obligations of The Consumer During the Withdrawal Period.

1. During the cooling-off period, the consumer will 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 starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
2. The consumer is only liable for any diminished value of the product resulting from the handling of the product which goes beyond what is permitted in paragraph 1.
3. The consumer is not liable for any diminished value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the agreement.

Article 8 - Obligations of The Entrepreneur Upon Withdrawal.

1. If the entrepreneur receives a notification of a return, the entrepreneur will pick this up and deal with the consumer within 3 working days.
2. The entrepreneur reimburses all payments made by the consumer, charged by the entrepreneur for the returned product to an account number indicated by the consumer.
3. The entrepreneur uses the same means of payment that the consumer has used for reimbursement, unless the consumer agrees to a different method. The refund is free of charge for the consumer.

Article 9 - Exclusion of the Right of Withdrawal.

1. In accordance with the EU Consumer Rights Directive (2011/83/EU), personalised products (those made to the consumer's specifications or clearly personalised) are not eligible for a return or refund unless they are defective or misdescribed.

2. BIBS and FRIGG teats fall under the category of "products that are not suitable for return due to health protection or hygiene reasons, and which have had their seal broken after delivery."

3. By agreeing to these terms and conditions, the consumer acknowledges and agrees that they will lose their right of withdrawal if the envelope is opened.

Article 10 - The Price.

1. During the period of validity stated in the offer, the standard prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
2. The prices stated in the offer of products or services include VAT.
3. The entrepreneur may decide at any time whether there are discount promotions and their duration.
   

Article 11 - Compliance With The Agreement, Use and Extra Guarantee.

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfil his part of the agreement.
3. An additional guarantee is understood to mean any obligation of the entrepreneur, his supplier, importer or manufacturer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to fulfil his part of the agreement.
4. The entrepreneur supplies pacifiers to the consumer that are produced by Frigg and are supplied by Wholesale Mamelou. The entrepreneur supplies pacifiers to the consumer that are produced by FB Trading and are supplied by Wholesale Nybble.
5. The consumer must check the FRIGG and BIBS pacifier every time before use for defects, wear, cracks, missing parts, or other defects in any form whatsoever and must not use FRIGG and BIBS pacifier if there is a defect in FRIGG and BIBS pacifier in any shape whatsoever. The consumer is responsible for safe use.
6. The pacifiers meet the European safety standard EN 1400+A1
7. The entrepreneur only provides an instruction flyer on delivery to clean the pacifier properly. The entrepreneur is in no way liable for the consequences of using the pacifier. The text of the instruction flyer contains the instruction description supplied by Wholesale Mamelou and Nybble, it also contains text that the entrepreneur has added to answer frequently asked questions from customers about certain topics such as 'the squeaking of the pacifier'.

Article 12 - Delivery and Execution.

1. The entrepreneur will exercise due care when receiving products, packaging and delivering them.
2. The place of delivery is the address that the consumer has made known to the entrepreneur.
3. With due observance of what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but at the latest within 30 days, unless a different delivery period has been agreed. If the delivery is delayed or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement without costs, but is not entitled to any compensation.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer together with the shipping costs incurred by the consumer to return the product, provided that this has been discussed with the entrepreneur.
5. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Shipping Policy:
We aim to provide a seamless shipping experience. Please review our Shipping Policy for information on delivery times, costs, and tracking. By placing an order, you agree to the following terms:

1. Processing Time: Orders are typically processed within 1-2 business days.

2. Shipping Methods: We offer a range of shipping methods that are available to a consumer during checkout. Shipping costs will be calculated based on a concumer location and the method selected.

3. Delivery Time: Delivery times vary depending on the destination country.

4. Tracking: We provide tracking information for all orders thus a consumer can track your shipment.

5. International Shipping: The entrepreneur ships internationally. Any customs fees or taxes may apply based on the destination country.

6. Delayed Deliveries: If a parcel has not arrived on time, a consumer should notify The entrepreneur as soon as possible to ensure promt investigation. Investigations within the EU may take up to 7 business days.

Article 13 - Payment.

1. Unless otherwise stipulated in the agreement or additional conditions, the amounts owed by the consumer must be paid immediately after the conclusion of the agreement.
2. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
3. If the consumer does not meet his payment obligation(s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the legal interest is due on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. 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 next € 5,000.= with a minimum of € 40.=. The entrepreneur can deviate from the stated amounts and percentages in favor of the consumer.

Article 14 - Complaints procedure.

1. The entrepreneur assesses and handles the consumer's complaint.
2. Complaints about the consequences of using the BIBS pacifiers are passed on by the entrepreneur to FB Traiding. Complaints about the consequences of using the FRIGG pacifiers are passed on by the entrepreneur to FRIGG Company.
3.  Complaints about the delivery are handled by the entrepreneur.
4. Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
5. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
6. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute settlement procedure.

Article 15 - Disputes.

1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 16 - Additional Provisions.

Refund Policy:

1. Eligibility for Returns: Returns are accepted for most items within 30 days of receipt, provided the item is unused and in its original packaging.

2. Personalised Products: Personalised products (those made to your specifications or clearly personalised) are non-refundable, except in the case of defects or misdescriptions.

3. Return Process: To initiate a return, please contact our customer support team for instructions.

4. Refunds: Refunds will be processed after we receive and inspect the returned item. Allow up to 14 days for the refund to be processed. Shipping costs are not refundable unless the item is defective or misdescribed.

Article 17 - Additional or Deviating Provisions.
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

If you have any questions about the general terms and conditions, please send an email to hello@just-born.nl