Terms of service

OVERVIEW

Welcome to MyBaby! The terms “we”, “us” and “our” refer to MyBaby. MyBaby operates this store and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalised shopping experience (the “Services”). MyBaby is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, including all policies referred to herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully. They contain important information about your legal rights and address matters such as disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or the Privacy Policy, you may not access or use our Services.

ARTICLE 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are of legal age under the laws of the state or province where you live and that you have given us permission to allow any minor members of your household to use the Services on devices you own, purchase or manage.

To use the Services, including visiting or browsing our online stores or purchasing products or services we offer, we may ask you to provide certain information, such as your email address and your billing, payment and shipping details. You represent and warrant that all information you provide in our stores is accurate, current and complete and that you have all necessary rights to provide it.

You are solely responsible for maintaining the security of your account login details and for all activities in your account. You may not transfer, sell, assign or license your account to another person.

ARTICLE 2 – OUR PRODUCTS

We aim to provide the most accurate possible descriptions of our products and services in our online stores. Please note, however, that product colours and appearance may differ from how they are displayed on your screen, depending on the type of device you use to access the store and its settings and configuration.

We do not guarantee that the appearance or quality of products or services you purchase will meet your expectations or correspond to their depiction or description in our online store.

All product descriptions may be changed at any time without notice at our discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products offered per person, geographical region or jurisdiction on a case-by-case basis.

ARTICLE 3 – ORDERS

When you place an order, you make an offer to purchase. MyBaby reserves the right to accept or reject your order at its discretion for any reason. Your order is not accepted until MyBaby confirms it. We must receive and process your payment before accepting your order. Please check your order carefully before submitting it. MyBaby may be unable to honour a cancellation request after your order has been accepted. This does not affect your statutory right of withdrawal as described in Article 25. If we do not accept an order, change it or cancel it, we will try to notify you using the email address, billing address and/or telephone number you supplied during the ordering process.

You may return or exchange purchases in accordance with our Refund Policy.

You represent and warrant that your purchases are intended for personal or household use, rather than commercial resale or export.

ARTICLE 4 – PRICES AND BILLING

Prices, discounts and promotions may change without notice. The price charged for a product or service is the price applicable when you place your order. This price is stated in the order confirmation email. Displayed consumer prices include VAT. Any delivery charges and optional assembly charges are shown separately before the order is placed.

Prices displayed in our online stores may differ from prices in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions for the Services that affect pricing and are subject to terms and conditions separate from these Terms. If the terms of a promotion conflict with these Terms, the promotion terms prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and credit card expiry dates, when they change, so that we can complete your transactions and contact you if necessary.

You represent and warrant that (i) the credit card information you provide is accurate, correct and complete; (ii) you are authorised to use the credit card for purchases; (iii) your charges will be approved by the credit card company; and (iv) you will pay the charges you incur at the displayed prices, including shipping, handling and all applicable taxes, where applicable.

ARTICLE 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance or events beyond our control. In a consumer purchase, the risk of loss or damage remains with MyBaby until you or a third party designated by you, other than the carrier, has received the product. If you appoint a carrier yourself that is not offered by MyBaby, the risk passes when that carrier receives the product.

ARTICLE 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and their design, selection and arrangement, belong to MyBaby, its affiliates or licensors and are protected by patent, copyright and intellectual property laws in the United States and other countries.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material within the Services without our prior written permission. Except as expressly provided in these Terms, nothing in these Terms grants you a licence or other rights under any patent, trademark, copyright or other intellectual property of MyBaby, Shopify or any third party. Unauthorised use of the Services may violate federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved by MyBaby.

The names, logos, product names, service names, design elements and slogans of MyBaby are trademarks of MyBaby or its affiliates or licensors. You may not use such trademarks without prior written permission from MyBaby. The name, logo, product names, service names, design elements and slogans of Shopify are trademarks of Shopify. All other names, logos, product names, service names, design elements and slogans within the Services are trademarks of their respective owners.

ARTICLE 7 – OPTIONAL TOOLS

You may be able to access customer tools provided by third parties as part of the Services. We do not monitor these tools and have no control or influence over them.

You acknowledge and agree that we provide access to such tools as they are and as available, without warranties, representations or conditions of any kind and without endorsement. We are not liable in any way for damage arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. You are responsible for ensuring that you are familiar with and agree to the terms on which the relevant third parties provide the tools.

We may also offer new features through the Services in future, including new tools and resources. Such new features are also considered part of the Services and are subject to these Terms of Service.

ARTICLE 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites offered or operated by third parties, including embedded third-party functionality. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you wish to access. If you decide to leave the Services to access such third-party materials or sites, you do so at your own risk.

We are not liable for any damage or adverse consequences relating to your visit to third-party websites or your purchase or use of products, services, resources or content on third-party websites. Please read the third party’s policies and practices carefully and ensure you understand them before entering into a transaction. Complaints, claims, concerns or questions about third-party products and services should be directed to the relevant third party.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

MyBaby uses Shopify to provide the Services to you. However, all sales and purchases in our store are conducted directly with MyBaby. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and MyBaby, including injury, damage or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages and liabilities that may arise from or relate to your purchases from and transactions with MyBaby.

ARTICLE 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which you can view here. Certain personal information may also be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you confirm that you have read the relevant Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services for you. Information you submit to the Services is transmitted to and shared with Shopify, as well as third parties that may be located in countries other than where you live, to provide services to you. Please read our Privacy Policy for more information about how we, Shopify and our partners use your personal information.

ARTICLE 11 – FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display that Feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this licence to operate, provide, evaluate, improve and promote the Services, fulfil our obligations and exercise our rights under the Terms of Service.

You further represent and warrant that (i) you own all Feedback or have all necessary rights to it; (ii) you have disclosed all compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We are not, and will not be, obliged to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.

We may, but are not obliged to, monitor, edit or remove Feedback that we determine at our discretion to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene or otherwise unacceptable, or in violation of a party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe third-party rights, including copyright, trademarks, privacy rights, personality rights or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene statements, computer viruses or other malware that could affect the operation of the Services or related websites in any way. You may not use a false email address, impersonate another person or otherwise mislead us or third parties about the origin of Feedback. You are solely responsible for the Feedback you submit and its accuracy. We are not responsible and accept no liability for Feedback posted by you or a third party.

ARTICLE 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information provided about or within the Services may contain typographical errors, inaccuracies or omissions. This information may relate to product descriptions, prices, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct errors, inaccuracies or omissions and to change or update information. We may also cancel orders if relevant information is incorrect, at any time and without prior notice, including after you have placed an order.

ARTICLE 13 – PROHIBITED USES

You may use the Services only for lawful purposes. You may not directly or indirectly access or use the Services (a) for unlawful or harmful activities; (b) to violate international, national, federal or provincial laws, regulations, rules or local ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage or intimidate our employees or other people; (e) to transmit false or misleading information; (f) knowingly to send, receive, upload, download, use or reuse material that does not comply with these Terms; (g) to send or procure the sending of advertising or promotional material, including junk mail, chain letters, spam or similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to engage in any other activity that restricts or prevents others from using the Services or that, as determined by us, may harm MyBaby, Shopify or users of the Services, or expose them to liability.

You also agree not to (a) upload or transmit viruses or other malicious code that affects or may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl or scrape; or (e) interfere with or circumvent the security features of the Services, related websites, other websites or the internet. We reserve the right to suspend, disable or terminate your account at any time without notice if we determine that you have violated any provision of these Terms.

ARTICLE 14 – TERMINATION

We may terminate this agreement or your access to the Services, or any part of them, at our discretion at any time without notice. You remain liable for all amounts due up to and including the termination date.

The following articles survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should remain valid after termination.

ARTICLE 15 – DISCLAIMER OF WARRANTIES

Information provided about or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance on it is entirely at your own risk. We disclaim all liability and responsibility arising from reliance on such information by you, other visitors to the Services or other people who become aware of its content.

UNLESS EXPRESSLY STATED BY MyBaby, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES. THE ABOVE DISCLAIMER MAY THEREFORE NOT APPLY TO YOU.

ARTICLE 16 – LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MyBaby, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR INJURY, LOSS, CLAIMS OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR ANY OTHER CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT. THIS INCLUDES, BUT IS NOT LIMITED TO, ERRORS OR OMISSIONS IN CONTENT, OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USING THE SERVICES OR CONTENT OR A PRODUCT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

ARTICLE 17 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless MyBaby, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers against all costs relating to losses, damages, liabilities or claims, including reasonable legal fees, payable to a third party as a result of or arising from (1) your breach of these Terms of Service or documents incorporated by reference; (2) your violation of any law or third-party rights; or (3) your access to and use of the Services.

We will notify you of any claim giving rise to indemnification, provided that failure to give timely notice does not relieve you of your obligations unless you are materially prejudiced by it. We may control the defence and settlement of such a claim at your expense, including the appointment of a lawyer, but will not settle claims requiring non-monetary obligations from you without your consent, which you may not unreasonably withhold. You must cooperate in the defence of claims giving rise to indemnification, including by providing relevant documents.

ARTICLE 18 – SEVERABILITY

If any provision of these Terms of Service is declared unlawful, void or unenforceable, it nevertheless remains enforceable to the extent permitted by applicable law. The unenforceable part is deemed severed from these Terms of Service. Such a determination does not affect the validity and enforceability of the remaining provisions.

ARTICLE 19 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision relating to these Terms of Service does not constitute a waiver of that right or provision.

These Terms of Service and all policies or operating rules posted by us on this site or concerning the Service constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms replace all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us, including but not limited to previous versions of the Terms of Service.

If a provision in these Terms of Service is unclear, the interpretation most favourable to the consumer applies to consumers.

ARTICLE 20 – ASSIGNMENT

You may not delegate, transfer or assign this agreement or your rights or obligations under these Terms to others without our prior written consent. Any attempt to do so is void. We may transfer, assign or delegate these Terms and our rights and obligations without your consent or notice to you.

ARTICLE 21 – GOVERNING LAW

These Terms of Service and agreements with MyBaby B.V. are governed by Dutch law. This choice of law does not affect the protection consumers enjoy under mandatory provisions of the law that would apply without this choice, including the law of the country where they habitually reside. Disputes will be submitted to the court having jurisdiction under the applicable legal rules.

ARTICLE 22 – HEADINGS

The headings used in this agreement are for information only and do not limit or otherwise affect these Terms in any way.

ARTICLE 23 – CHANGES TO THE TERMS OF SERVICE

You may consult the latest version of the Terms of Service on this page at any time.

We reserve the right, at our discretion, to update, amend or replace any part of these Terms of Service. Updates and changes will be posted on our website. You are responsible for checking our website regularly for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes take effect on the date stated in the notice. Continuing to access or use the Services after changes to these Terms of Service means that you accept those changes.

ARTICLE 24 – CONTACT DETAILS

Questions about the Terms of Service should be sent to service@mybaby.nl.

Our contact details are:
Company name: MyBaby B.V.
Chamber of Commerce: 95021825
VAT identification number: NL866975548B01
Email: service@mybaby.nl
Address: Kryptonstraat 4, 2718 TD Zoetermeer
Phone: +31 85 800 02 53

ARTICLE 25 – RIGHT OF WITHDRAWAL

25.1. As a consumer, you may withdraw from an online purchase without giving a reason up to 14 days after the day on which you or a third party designated by you, other than the carrier, receives the product. If several products or parts from the same order are delivered separately, this period starts after receipt of the last product or part.

25.2. To exercise this right, notify us before the cooling-off period expires, using an unequivocal statement that you wish to withdraw from the purchase. You can contact us at service@mybaby.nl.

25.3. After notifying us of withdrawal, you have a further 14 days to return the product. You are responsible for the direct return costs, as stated in our Refund Policy. Return the product with all supplied accessories and, where reasonably possible, in its original condition and packaging.

25.4. During the cooling-off period, you may unpack and use the product to the extent necessary to establish its nature, characteristics and functioning. Use beyond this does not remove your statutory right of withdrawal. However, you may be liable for any resulting reduction in value to the extent permitted by law.

If the product or its packaging is damaged beyond what is necessary to try the product, we may charge you for the resulting reduction in the value of the product. Please handle the product carefully and package it securely when returning it.

25.5. We will refund the order amount due, including the cost of standard delivery if you withdraw from the entire order, within 14 days of your notification of withdrawal. We may withhold the refund until we have received the products or you have provided evidence that you have returned them, whichever is earlier, unless we have offered to collect them ourselves. Any reduction in value permitted by law may be deducted. The refund will be made using the same payment method, unless you expressly agree to another method. We will not charge a fee for this.

ARTICLE 26 – COMPLAINTS

You can submit complaints to service@mybaby.nl. More information is available on our complaints page.

26.1. MyBaby B.V. has a clear complaints procedure. MyBaby B.V. handles every complaint in accordance with this procedure.

26.2. If you have a complaint about performance of the agreement, you must submit it to MyBaby B.V. within two months after discovering the defect, with a complete and clear description.

26.3. MyBaby B.V. aims to respond within 14 days of receiving a complaint. If a complaint requires longer to process, you will receive an acknowledgement within that 14-day period, including at least an indication of when you can expect a more detailed response.

26.4. For complaints, you must always contact MyBaby B.V. first and explore whether MyBaby B.V. can offer a suitable solution. If MyBaby B.V. is affiliated with WebwinkelKeur and the parties cannot resolve the matter together, you may contact WebwinkelKeur through WebwinkelKeur dispute mediation. WebwinkelKeur mediates free of charge. You can check whether MyBaby B.V. has a current membership at https://www.webwinkelkeur.nl/ledenlijst/.

26.5. If mediation by WebwinkelKeur does not lead to a solution, you may also submit the complaint to the independent disputes committee designated by WebwinkelKeur. If you choose this option, you may be charged a fee.