Terms of service

Alecto Baby is a brand of Commaxx BV. Therefore, the general terms and conditions of Commaxx BV apply to all offers on this website.  

Article 1           General

This website is intended solely for consumers who wish to order our products online and have them delivered in the Benelux, Germany, France, or Austria. Commaxx BV does not accept orders intended for delivery outside the Netherlands or Belgium. By placing an order, you automatically agree to and are bound by these terms and conditions.

Commaxx BV reserves the right to amend these terms and conditions at any time and without prior notice. However, such amendment shall not apply to orders placed before the amended terms and conditions are published on this website.

 

Article 2           Commaxx BV Information

Commaxx BV

Registered Address:

Wiebachstraat 37
6466 NG Kerkrade

Email Address:

service@alectobaby.nl

Chamber of Commerce Number:

63777002

VAT Number:

NL855396763B01

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Article 3           Definitions

In these terms and conditions, the following terms shall have the following meanings:

Commaxx BV (see details under Article 2)

Additional 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 Commaxx BV or by a third party based on an agreement between that third party and Commaxx BV;

Cooling-off Period: the period during which the consumer may exercise his right of withdrawal;

Consumer: the natural person who does not act in the course of his profession or business and enters into a distance contract with Commaxx BV;

Day: calendar day;

Durable Medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.

Right of Withdrawal: the consumer's ability to withdraw from the distance contract within the cooling-off period;

Model Withdrawal Form: the withdrawal form provided by Commaxx BV which a consumer can fill in if he wishes to exercise his right of withdrawal.

Entrepreneur: the natural or legal person who offers products and/or services remotely to consumers;

Distance Contract: a contract concluded within the framework of a system organized by Commaxx BV for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusively using one or more means of distance communication;

Means of Distance Communication: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same room.

General Terms and Conditions: these General Terms and Conditions.


Article 4           Purpose, Validity, and Scope of the General Terms and Conditions

These General Terms and Conditions apply to all agreements between Commaxx BV and the consumer and to all offers made by www.alectobaby.nl of whatever nature and under whatever name.

 

Article 5           Exclusion of Customer Terms and Conditions

The consumer expressly waives any (purchasing) terms and conditions used by him, however named or presented, such that only these conditions apply to all agreements, including their conclusion and execution.

 

Article 6           The Offer

6.1

If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.

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6.3

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 Commaxx BV uses images, these are a true representation of the offered products, services, and/or digital content. Manifest errors or obvious mistakes in the offer do not bind Commaxx BV.

6.4

All images, specifications, and data in the offer are indicative and cannot be the basis for damages or dissolution of the agreement.

6.5

Commaxx BV cannot guarantee that the displayed colors exactly match the real colors of the products.

6.6

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer.

  

Article 7           The Agreement

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7.1

The agreement, subject to the provisions of paragraph 4, is concluded at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.

7.2

If the consumer has accepted the offer electronically, Commaxx BV will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by Commaxx BV, the consumer may dissolve the agreement.

7.3

If the agreement is concluded electronically, Commaxx BV shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, Commaxx BV shall take appropriate security measures for this purpose.

7.4

Commaxx BV may - within legal limits - investigate 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, Commaxx BV has good grounds not to enter into the agreement, it is entitled to refuse a request or order with reasons or to attach special conditions to the execution.

7.5

Commaxx BV shall enclose the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

a. the visiting address of the establishment of Commaxx BV where the consumer can address complaints;
b. 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;
c. information about guarantees and existing service after purchase;
d. the data referred to in article 4 paragraph 3 of these terms and conditions, unless Commaxx BV has already provided this data to the consumer before the execution of the agreement;

7.6

In the case of a continuous transaction, the provision in the previous paragraph applies only to the first delivery.

7.7

Each agreement is concluded subject to the suspensive condition of sufficient availability of the respective products.

 

Article 8           Right of Withdrawal

8.1

In the case of the purchase of products, the consumer has the option to dissolve the agreement without stating reasons within 30 days. This reflection period commences on the day following receipt of the product by the consumer or a representative previously designated by the consumer and made known to Commaxx BV.

8.2

During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.

8.3

The consumer is only liable for any reduction in value of the product resulting from handling the product beyond what is permitted in article 8.2.

8.4

If the consumer exercises his right of withdrawal, he shall return the product with all accessories delivered and, if reasonably possible, in the original condition and packaging to Commaxx BV, in accordance with the reasonable and clear instructions provided by Commaxx BV.

8.5

To exercise the right of withdrawal, you must inform us, Commaxx BV, of your decision to withdraw from the agreement by means of an unequivocal statement. You can use the enclosed model withdrawal form for this purpose. To comply with the withdrawal period, it is sufficient to send your communication regarding your exercise of the right of withdrawal before the withdrawal period has expired. When the consumer wishes to exercise his right of withdrawal, he is obliged to notify Commaxx BV within 30 days, after receipt of the product. The consumer can make this known by using our return program. After the consumer has indicated that he wishes to exercise his right of withdrawal, the consumer must return the product within 30 days. The consumer must prove that the goods have been returned in a timely manner, for example by means of proof of dispatch. Returns can also be reported using the model withdrawal form. Download the model form.

8.6

If the customer has not indicated within the periods mentioned in the preceding paragraphs of this article that he wishes to exercise his right of withdrawal, the purchase is final.

 

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Article 10         Exclusion of the right of withdrawal

10.1

Commaxx BV may exclude the consumer's right of withdrawal for products as described in paragraph 2. The exclusion of the right of withdrawal only applies if Commaxx BV has clearly stated this in the offer, or at least in a timely manner before the conclusion of the agreement.

10.2

Excluded from the right of withdrawal is a consumer purchase that concerns the delivery of:

a. Products that are manufactured according to your specifications, which are not prefabricated and which are manufactured on the basis of your individual choice or decision, or which are clearly intended for a specific person.
b. Products whose price is dependent on fluctuations in the financial market over which we have no influence and which may occur within the withdrawal period;
c. Products that spoil quickly or have a limited shelf life. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
e. Products that are irrevocably mixed with other products after delivery by their nature;
f. Alcoholic beverages for which the price was agreed upon at the conclusion of the purchase agreement, but whose delivery can only take place after 30 days, and whose actual value depends on fluctuations in the market over which we have no influence;
g. Sealed audio, video recordings, and computer software, the seal of which has been broken after delivery;
h. Newspapers, magazines, or magazines, with the exception of an agreement for the regular delivery of such publications (a subscription);

  

Article 11         The price

11.1

During the validity period stated in the offer, the prices of the products offered will not be increased, except for price changes due to changes in VAT rates.

11.2

Notwithstanding the previous paragraph, Commaxx BV may offer products or services with prices tied to fluctuations in the financial market and over which Commaxx BV has no influence at variable prices. This dependence on fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.

11.3

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of legal regulations or provisions.

11.4

Price increases from 3 months after the conclusion of the agreement are only permitted if Commaxx BV has stipulated this and:

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a. they result from legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement as of the day the price increase takes effect.

11.5

The prices mentioned in the offer of products or services include VAT.

11.6

All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, Commaxx BV is not obliged to deliver the product at the incorrect price.

  

Article 12         Conformity and Warranty

12.1

Commaxx BV guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, with the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.

12.2

Any defects or incorrectly delivered products must be reported to Commaxx BV in writing within 4 weeks of delivery. Return of the products must be made in the original packaging and in new condition.

12.3

The warranty period of Commaxx BV corresponds to the manufacturer's warranty period. However, Commaxx BV is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

12.4

For the full warranty provisions, please refer to our CONSUMER WARRANTY PROVISIONS.

 

Article 13         Delivery

13.1

Commaxx BV will exercise the utmost care when receiving and executing orders for products.

13.2

The place of delivery is the address that the consumer has provided to Commaxx BV.

13.3

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Subject to the provisions of paragraph 4 of this article, Commaxx BV shall execute accepted orders promptly and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or only partially executed, the consumer shall be informed of this no later than 30 days after placing the order.

13.4

In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation.

13.5

All delivery times are indicative. The consumer cannot derive any rights from any specified deadlines. Exceeding a deadline does not entitle the consumer to compensation.

13.6

In the event of dissolution in accordance with paragraph 3 of this article, Commaxx BV shall reimburse the amount paid by the consumer as soon as possible, but no later than within 14 days of dissolution.

13.7

If delivery of an ordered product proves to be impossible, Commaxx BV will make efforts to provide a replacement item. At the latest upon delivery, it will be clearly and understandably stated that a replacement item is being delivered. With replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are borne by Commaxx BV.

13.8

The risk of damage and/or loss of products rests with Commaxx BV until delivery to the consumer or to a designated representative notified to Commaxx BV in advance, unless expressly agreed otherwise.

 

Article 14        Correspondence

14.1

All correspondence is via email, including, but not limited to, invoices and any payment reminders.

14.2

The consumer is obliged to provide an email address to Commaxx BV where they can receive mail; any changes to this must be immediately notified to Commaxx BV in the manner prescribed by Commaxx BV.

14.3

Emails sent by Commaxx BV to the email address provided by the consumer are deemed received by the consumer.

 

Article 15         Retention of Title

15.1

Goods delivered by Commaxx BV to the consumer remain our property until they have been fully paid for, including interest and costs.

15.2

To the extent that Commaxx BV can invoke the retention of title, it may reclaim the goods in question from the consumer at any time.

15.3

The consumer is not authorized to pledge goods falling under the retention of title of Commaxx BV, nor to encumber them in any other way.

 

Article 16        Law

16.1

Dutch law applies exclusively to all agreements between Commaxx BV and the consumer and all offers from www.alectobaby.nl to the consumer, even if an agreement is executed in whole or in part abroad or if the party involved in the legal relationship resides there.

16.2

The Vienna Sales Convention does not apply.

16.3

All disputes arising from the agreements and offers mentioned in the preceding paragraph will be submitted to the competent court in the District of Limburg.

 

Article 17        Indemnity

By placing an order, the consumer indemnifies Commaxx BV against any legal proceedings, fines, and the like that may result from placing the order and the activities arising therefrom.

 

Article 18        Complaint Handling

Complaints about the execution of the purchase agreement must be submitted as soon as possible after you have noticed defects, fully and clearly described to Commaxx BV. You can file a complaint via our customer service or an email to service@alectobaby.nl. You can also submit your complaint via our support chat on the website. We will respond to complaints submitted to us within 14 days of receipt. If we need more time to process the complaint, we will confirm receipt of the complaint within 14 days and indicate when you can expect a more detailed response.

 

Article 19        Other provisions

If one or more provisions of these General Terms and Conditions are null and void or are annulled, this shall not affect the validity of the remaining provisions, and the null and void or annulled provisions shall be replaced by valid provisions with as nearly the same purport as possible.

 

Version 2023