General terms and conditions

Table of contents:

Introduction

Article 1 - Definitions

Article 2 - Identity of the entrepreneur

Article 3 - Applicability

Article 4 - Prices and information

Article 5 - The Agreement

Article 6 - Registration

Article 7 - Execution of agreement

Article 8 - Right of withdrawal

Article 9 - Obligations of the customer during the cooling-off period

Article 10 - Exercise of the right of withdrawal by the customer and costs thereof

Article 11 - Obligations of Babiem in case of withdrawal

Article 12 - Exclusion of the right of withdrawal

Article 13 - Compliance with the agreement and additional warranty

Article 14 - Retention of title

Article 15 - Conformity, complaints and warranty

Article 16 - Liability

Article 17 - Force Majeure

Article 18 - Processing of personal data

Article 19 - Customer service

Article 20 - Intellectual property rights

Article 21 - Applicable law and competent court

Article 22 - Promotion conditions

Article 23 - Discount codes

Article 24 - Gift vouchers/gift cards

Annex I - Model withdrawal form

Article 1 - Definitions

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

Entrepreneur: Faas Commerce BV as holder of the Babiem brand, referred to as Babiem in these General Terms and Conditions.
Customer: any person with whom Babiem enters into an agreement, including consumers.
Consumer: the natural person who is not acting for purposes relating to his trade, business, craft or profession.
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 Babiem or by a third party on the basis of an agreement between that third party and Babiem;
Day: calendar day;
Cooling-off period: the period within which the customer can make use of his right of withdrawal (including distance contract);
Right of withdrawal: the option for the customer to cancel the agreement within the cooling-off period.
Digital content: data produced and supplied in digital form;
Durable medium: any instrument - including e-mail - that enables the customer or Babiem to store information addressed personally to him in a way accessible for future consultation or use for a period of time adequate for the purpose for which the information is intended and which allows for the unchanged reproduction of the stored information;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services remotely to consumers;
Distance contract: an agreement concluded between Babiem and the customer within the framework of an organised system for the distance sale of products, digital content and/or services, whereby up to and including the conclusion of the agreement exclusive or additional use is made of one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not have to be made available if the customer has no right of withdrawal in respect of his order;
Remote communication technology: means that can be used to conclude an agreement without the customer and Babiem having to be in the same room at the same time.

Article 2 - Identity of the entrepreneur

Company name: Faas Commerce BV

Trading under the name: Babiem

Business address:

Kokerbijl 7

5443 PV Haps

The Netherlands

Phone number: +31 (0) 487 745 375

Email address: service@babiem.com

Chamber of Commerce number: 81096909

VAT identification number: NL861928118B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the customer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the customer. 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 viewed at the entrepreneur and that they will be sent free of charge to the customer as soon as possible at the customer's request.
If the distance contract is concluded electronically, then, by way of exception to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer electronically, in such a way that the customer 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 customer electronically or otherwise at the customer's request.
If the customer includes provisions or conditions in his order, confirmation or communication of acceptance that deviate from or do not appear in the General Terms and Conditions, these will only be binding on Babiem if and to the extent that they have been expressly accepted by Babiem in writing.
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, in the event of conflicting conditions, the customer can always invoke the applicable provision that is most favourable to him.
Situations that are not covered by these General Terms and Conditions should be assessed 'in the spirit' of these General Terms and Conditions. Any ambiguities regarding the interpretation or content of one or more provisions of our conditions should be interpreted 'in the spirit' of the General Terms and Conditions.

Article 4 - Prices, information and payment

All prices stated on the Website and in other sources originating from Babiem are inclusive of VAT and, unless otherwise stated on the Website, other levies imposed by the government.
During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
By way of exception to the previous paragraph, Babiem may offer products or services whose prices are subject to fluctuations in the financial market and over which Babiem has no influence, with variable prices. This subjection to fluctuations and the fact that any prices stated are target prices are stated in the offer.
If shipping costs are charged, this will be clearly stated in good time before the Agreement is concluded. In addition, these costs will be displayed separately in the ordering process.
The content of the Website has been compiled with the utmost care. However, Babiem cannot guarantee that all information on the Website is correct and complete at all times. All prices and other information on the Website and in other sources originating from Babiem are therefore subject to obvious programming and typing errors. All prices are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors. In the event of printing and typing errors, Babiem is not obliged to deliver the product at the incorrect price.
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. Babiem is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the Customer to properly assess the offer. If Babiem uses images, these are a true representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind Babiem. All images, specifications and data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
Images of products are a true representation of the products offered. Babiem cannot guarantee that the displayed colours exactly match the real colours of the products.
Each offer contains such information that it is clear to the Customer what rights and obligations are associated with accepting the offer.
The Customer must make payments to Babiem according to the payment methods indicated in the order procedure and possibly on the Website. Babiem is free to choose the payment methods offered and these may also change from time to time. In the event of payment after delivery, the Customer has a payment term of 14 days starting on the day after delivery.
If the Customer fails to meet his payment obligation(s) on time, after Babiem has notified him of the late payment and Babiem has granted the Customer a period of 14 days to still meet his payment obligations, if payment is not made within this 14-day period, the Customer will owe statutory interest on the amount still owed and Babiem will be 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. Babiem may deviate from the stated amounts and percentages to the advantage of the Customer.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time the consumer accepts Babiem's offer and complies with the conditions set by Babiem.
If the consumer has accepted the offer electronically, Babiem will immediately confirm receipt of acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by Babiem, the consumer can dissolve the agreement.
If it appears that incorrect information has been provided by the consumer when accepting or otherwise entering into the Agreement, Babiem has the right to fulfil its obligations only after the correct information has been received.
Babiem may, within legal frameworks, inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If Babiem has good reasons not to enter into the contract on the basis of this investigation, he is entitled to refuse an order or request with reasons, or to attach special conditions to the execution.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products or services concerned.
The customer must provide Babiem with all data and documents that are (or may be) relevant to the performance of the agreement in a timely manner (as far as possible in advance).
The customer guarantees that the data and facilities provided by or on behalf of her to Babiem, (also) as referred to in the previous paragraph, are correct and complete. The customer must ensure timely delivery of these data and facilities.
The execution period shall not commence until the customer has made this information and facilities available to Babiem correctly and completely. If this information and facilities are not available to Babiem at any time, the execution period shall be suspended for a period to be determined by Babiem (at least equal to the delay) and Babiem shall have the right to recover any resulting damage from the customer.
Babiem will make the following information available to the customer in such a way that it can be viewed by the customer in an accessible manner (i.e. available on the Babiem website) at the latest upon delivery of the product, service or digital content:

the conditions under which and the manner in which the customer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
the information about guarantees and existing after-sales service;
the price including all taxes of the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration;
if the customer has a right of withdrawal, the model withdrawal form (see Appendix I).
If the agreement is concluded electronically, Babiem will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

Article 6 - Registration

If the website offers the option for the Customer to register via a registration form or account login option, this article applies.
During the registration procedure, the Customer chooses a username and password with which he can log in to the Website after registration. The Customer is responsible for choosing a sufficiently reliable password.
The Customer must keep his login details, his user name and password strictly confidential. Babiem is not liable for misuse of the login details and may always assume that a Customer who logs in to the Website is actually that Customer. Everything that happens via the Customer's account falls under the responsibility and risk of the Customer.
If the Customer knows or suspects that his login details have fallen into the hands of unauthorized persons, he must change his password as soon as possible and/or notify Babiem of this, so that Babiem can take appropriate measures.

Article 7 - Execution of Agreement

Once the order has been received by Babiem, Babiem will send the products as soon as possible, taking into account the provisions of paragraph 3 of this Article.
Babiem is entitled to engage third parties to perform the obligations arising from the Agreement.
The delivery period will be made known to the Customer prior to the order. The method of delivery can take place in different ways and is at the discretion of Babiem.
If Babiem cannot deliver the products within the agreed period, it will notify the Customer thereof.
All delivery times are indicative. The Customer cannot derive any rights from any stated terms. Exceeding a term does not entitle the Customer to compensation or termination.
Babiem advises the Customer to inspect the delivered products and to report any defects found within a reasonable time, preferably in writing. See further the Article on guarantee and conformity.
As soon as the products to be delivered have been delivered to the specified delivery address, the risk, as far as these products are concerned, will pass to the Customer. If expressly agreed otherwise, the risk will pass to the Customer earlier. If the Customer decides to collect the products, the risk will pass upon transfer of the products.
Babiem is entitled to deliver a similar product of similar quality as the ordered product, if the ordered product is no longer available. The Customer is then entitled to terminate the Agreement free of charge and return the product free of charge.

Article 8 - Right of withdrawal

For products:

This article only applies to the Customer being a natural person (consumer) who is not acting in the exercise of his profession or business.
The customer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. Babiem may ask the consumer for the reason for withdrawal, but may not oblige him to state his reason(s).
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:

if the customer has ordered multiple products in the same order: the day on which the customer, or a third party designated by him, has received the last product. Babiem may, provided that it has clearly informed the customer of this prior to the ordering process, refuse an order for multiple products with different delivery times.
if the delivery of a product consists of different shipments or parts: the day on which the customer, or a third party designated by the customer, has received the last shipment or the last part;
in the case of agreements for regular delivery of products during a specific period: the day on which the customer, or a third party designated by the customer, has received the first product.

For services and digital content not supplied on a tangible medium:

The customer can terminate a service agreement and an agreement for the delivery of digital content that is not delivered on a tangible medium for at least 14 days without giving reasons. Babiem may ask the customer for the reason for withdrawal, but may not oblige the customer to state his reason(s).
The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Article 9 - Obligations of the customer during the cooling-off period

During the cooling-off period, the customer is obliged to 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 customer may only handle and inspect the product as he would be allowed to do in a shop.
Babiem may recover the costs of any reduction in value of the product from the customer if this is the result of handling the product in a way that goes beyond what is permitted in paragraph 1.

Article 10 - Exercise of the right of withdrawal by the customer and costs thereof

If the customer exercises his right of withdrawal, he shall report this to Babiem within the cooling-off period by means of the model withdrawal form or in another unambiguous manner.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the customer returns the product or hands it over to (an authorized representative of) Babiem. This is not necessary if Babiem has offered to collect the product itself. The customer has in any case observed the return period if he returns the product before the cooling-off period has expired.
The customer shall return the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with the reasonable and clear instructions provided by Babiem.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the customer.
The customer shall bear the direct costs of returning the product.
The customer shall not bear any costs 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 agreement before the end of the cooling-off period;
he has not acknowledged that he loses his right of withdrawal by giving his consent; or
Babiem has failed to confirm this statement from the consumer.

If the consumer legitimately exercises his right of withdrawal, all additional agreements will be dissolved by operation of law.
If the customer keeps one or more items from the order, the customer will only be refunded the costs of the remainder of the order, not the shipping costs or any administration costs.

Article 11 - Obligations of Babiem in case of revocation

This article applies when there is an agreement between Babiem and a Consumer. If a separate procedure for returns has been set up for a customer, who is not a consumer, this is stated with the product or recorded in e-mails or other communication with the customer.
If Babiem makes it possible for the customer to notify the cancellation electronically, it will immediately send a confirmation of receipt after receiving this notification.
In the event of a cancellation as described in this article, Babiem will refund any monies already paid (purchase price +, if applicable, the shipping costs for sending the order) fourteen days after the customer has invoked his right of withdrawal.
The customer can also, without first informing Babiem that he is invoking his right of withdrawal, return the product to Babiem within the withdrawal period as described in art. 11.3. In such a case, the customer must add the 'model withdrawal form' to the return shipment.
Babiem uses the same payment method for refunds that the customer used, unless the customer agrees to another method. The refund is free of charge for the customer.
If the customer has opted for a more expensive method of delivery than the cheapest standard delivery, Babiem does not have to reimburse the additional costs for the more expensive method.

Article 12 - Exclusion of the right of withdrawal

The right of withdrawal does not apply to products and services that are legally excluded from it. This includes in any case, but is not limited to:

a.Products manufactured according to customer specifications, which are not prefabricated and which are manufactured on the basis of an individual choice or decision by the customer, or which are clearly intended for a specific person;

b.Products that spoil quickly or have a limited shelf life;

c. Sealed products which are not suitable for return due to health protection or hygiene reasons and were unsealed after delivery;

d. Products which, after delivery, are by their nature irreversibly mixed with other products;

e.Newspapers, periodicals or magazines, with the exception of subscriptions to these;

f.The supply of digital content other than on a tangible medium, but only if:

the performance has begun with the express prior consent of the customer; and
the customer has declared that he thereby loses his right of withdrawal.

Article 13 - Compliance with the agreement and additional warranty

This article only applies if there is a Customer (consumer) who is not acting in the exercise of his profession or business. If Babiem provides a separate guarantee on the products, this applies, without prejudice to the above, to all types of Customers.
Babiem 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.
An additional guarantee provided by Babiem, its supplier, manufacturer or importer never limits the legal rights and claims that the customer can assert against Babiem under the agreement, if Babiem has failed to fulfil its part of the agreement.
An additional guarantee is understood to mean any obligation of Babiem, its supplier, importer or manufacturer in which it grants the customer certain rights or claims that go beyond what it is legally obliged to do in the event that it has failed to fulfil its part of the agreement.
If, in addition to the statutory warranty, there is a factory warranty from the manufacturer or supplier, the customer will find this in the product documentation.
Babiem cannot guarantee that the display of the products as depicted on the website will in all cases correspond to the products delivered.

Article 14 - Retention of title

As long as the customer has not yet made full payment for the entire agreed amount (for example, but not exclusively in the case of payment afterwards), all products and services delivered and to be delivered remain the property of Babiem.

Article 15 - Conformity, complaints and warranty

The Customer is obliged to examine the delivered Product at the time of delivery, but in any case within the shortest possible period. In doing so, the Customer must examine whether the quality and quantity of the delivered Product correspond with what was agreed, or at least meet the requirements that apply to it in normal (commercial) traffic.
Any visible defects or shortcomings must be reported to Babiem within 3 (three) days after delivery via the email address service@babiem.com .
Babiem guarantees that the Products 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.
The warranty referred to in paragraph 3 applies for a period of 2 (two) months after delivery, unless otherwise indicated. If the delivered Product does not correspond to the Agreement, the Customer must report this via the e-mail address service@babiem.com within 2 (two) months after the Customer has discovered the defect.
Failure to submit complaints or report defects in a timely manner may result in the lapse of all liability on the part of Babiem.
In order to investigate whether the delivered Product is defective, Babiem may require the Customer to return the Product to Babiem at Babiem's expense.
If the Customer has made a justified complaint, Babiem will deliver a new Product. If delivery of a new Product is not possible, the purchase price of the Product will be (partly) credited and refunded.
If the customer has made an unjustified complaint, Babiem has the right to charge the Customer for the costs it has incurred as a result, such as shipping costs.
If the package containing the order is delivered to the Customer damaged by the parcel delivery person, the Customer must not accept the package and must immediately inform Babiem via the e-mail address service@babiem.com that he has not accepted the package due to transport damage.

Article 16 - Liability

The information and services provided on the Website may contain technical inaccuracies and/or typographical errors. Babiem is not liable for such inaccuracies and/or errors.
The functioning of the Website may be interrupted by, for example, a malfunction or maintenance. Babiem is not liable for damage in the event of temporary unavailability of the Website.
Babiem can never guarantee that the data on the Website is correct. Babiem will do everything it can to keep the correctness of this data as consistent as possible. External influences, for example by hackers, are always possible and can lead to distorted data. Babiem is not liable for this distorted data.
Babiem is not liable for damage of any nature whatsoever resulting from Babiem relying on incorrect and/or incomplete information provided by the Customer.
The colours that can be seen on the Customer's screen may differ from the colours that the Product actually has. Babiem is not liable for such colour deviations.
Babiem is not liable for damage to the Product or caused by the Product due to incorrect or unskilled use, or because changes have been made to the Product by the Customer and/or third parties.
Babiem is not liable for any mutilation or loss of data resulting from the transmission of data using telecommunication facilities.

Article 17 - Force Majeure

Babiem is not obliged to fulfil one or more obligations under the Agreement, or to pay compensation, in the event of force majeure. Force majeure is understood to mean, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which Babiem has no influence, but which prevent Babiem from fulfilling its obligations. Force majeure is understood to mean in any case: weather conditions; theft; power and internet failure; floods, landslides and other natural disasters; terrorism; obstructions by third parties, including those of governments; obstructions in transport; strikes; riots, wars or threats of war; loss of or damage to Products during transport thereof; export and import bans; fires, disruptions and accidents in Babiem's company; the burning of means of transport of Babiem or the transport company engaged, the occurrence of disruptions thereto, the involvement in accidents thereof; measures of any domestic, foreign or international government.
If Babiem knows or suspects that it will not be able to deliver the order (in part) on time due to force majeure, Babiem will inform the Customer of this as soon as possible by e-mail.

Article 18 - Processing of Personal Data

When Babiem Processes Personal Data during the performance of the Agreement, Babiem will Process the Personal Data in a proper and careful manner and comply with the statutory requirements arising from the General Data Protection Regulation and the General Data Protection Regulation Implementation Act.
Babiem will inform the Customer within four working days of any request and/or complaint from the Supervisory Authority regarding the Personal Data processed in the performance of the Agreement.
Babiem will cooperate with a request from the Customer to exercise its rights, such as, but not limited to, the right to access, correct, delete, object to the Processing of Personal Data and a request for portability of one's own Personal Data.
Babiem will inform the Customer about the discovery of a possible Data Breach within 24 (twenty-four) hours after discovering it. Babiem will then keep the Customer informed of new developments surrounding the Data Breach.
Babiem will provide the following information in the event of a data breach:

- a detailed description of the Data Breach;

- type/kind of Personal Data involved in the Data Breach;

- how many persons' Personal Data are involved in the Data Breach;

- the measures taken to limit negative consequences for the Data Subjects and to remedy the Data Breach;

- the cause of the data breach;

- the duration of the data breach and the moment it occurred.

Any costs incurred to resolve the Data Breach will be borne by the party incurring the costs, unless the Data Breach was caused by Babiem's failure to comply with the Agreement, in which case the costs will be borne by Babiem. In addition, the Customer retains the option to use other legal remedies.
Communication about the Data Breach will always take place in consultation.
When the Agreement between the parties ends, Babiem will retain the Personal Data it has processed in the performance of the Agreement for the duration stated in Babiem's Privacy Statement as stated on Babiem's website.

Article 19 - Customer service

For questions about the order or to file a complaint, the Customer can contact Babiem's customer service. Babiem's customer service can be reached in the following ways:

By telephone number: fill in

Via the email address: service@babiem.com

Questions will be processed on working days by customer service employees.
Complaints submitted to Babiem will be answered within a period of 14 (fourteen) days from the date of receipt. If a complaint requires a foreseeable longer processing time, Babiem will respond within the period of 14 days with a confirmation of receipt and an indication of when the customer can expect a more detailed answer.

Article 20 - Intellectual property rights

All intellectual property rights relating to the Website are vested in Babiem or its licensor.
The Customer may not use, copy, forward, disseminate, reproduce, distribute, publish, duplicate or make public any photos, information, texts, logos, brands, trade names, images, etc. that are made available to him via the Website.
If the Customer acts in violation of Babiem's intellectual property rights, the customer is liable for all damage suffered by Babiem as a result. Damage includes, among other things, reputational damage and loss of turnover.

Article 21 - Applicable law and competent court

All rights, obligations, offers and agreements to which these general terms and conditions apply are exclusively governed by Dutch law.
All disputes between the Customer and Babiem will be submitted to the competent court in the district where Babiem is established. The customer has 1 (one) month after Babiem has invoked this clause in writing to the Customer, to choose to have the dispute settled by the competent court according to the law.

Article 22 – Promotion conditions

Contests are organised by Babiem, located at Kokerbijl 7, 5443 PV in Haps. These campaign conditions apply to all contests. By participating in the campaign, these conditions are accepted.
Participation in competitions is free. Participation can take place in various ways. Participation takes place after the Customer has posted a response on one of Babiem's social media channels or when he/she has sent an email with the requested data to the email address specified by Babiem.
Each participant can participate in a competition only once.
If incomplete and/or incorrect (personal) data is provided upon participation, Babiem has the right to exclude the participant from further participation and it may be decided to forfeit the right to win the prize.
The prize is personal and is in the name of the winner. The prize is not transferable, exchangeable, or payable in cash or for other products or services. In case of refusal or non-acceptance of the prize or the conditions attached to the competition, the prize will not be paid out.
The duration of the competition is stated in the description of the competition by Babiem.
To participate, a participant must be at least 18 years old and must reside in the Netherlands. All other participants are excluded from participation.
The winners will be drawn at random and in an impartial manner.
Winners must contact Babiem themselves.
Babiem may, at its own discretion and without prior notice, change or adjust the promotion conditions during the promotion period, or change or adjust the competition without giving any reason.
No correspondence will be entered into regarding results.
Prizes cannot be exchanged for cash, gift cards, discount codes or other products.
Employees of Babiem are excluded from participation.
Winners must respond within 2 weeks after the announcement of the winners. If not, new winners will be chosen by Babiem.
The personal data obtained in the context of the competitions will only be used by Babiem for the relevant campaign and will not be provided to third parties.
In cases not provided for in these conditions, a decision will be taken by Babiem.
These terms and conditions are governed by Dutch law.
Participants who do not meet the above conditions may be excluded from participation.
If Babiem can demonstrate, using the PostNL track and trace code, that the product won has been delivered to the selected winner, the risk of receiving the product lies with the recipient/winner.
Babiem is responsible up to the post office/delivery to the parcel carrier. In case of loss and/or damage of your won product, Babiem cannot be held liable.

Article 23 – Discount codes

In the case of promotions with discount codes, the discount will only be calculated when a valid code is used and when the consumer meets the conditions set to qualify for the promotion in question. The consumer is responsible for entering the correct discount code so that this discount can be processed automatically.
The consumer can only use one discount code per order.
The right to this discount is not retained when products are exchanged and/or returned.
Discounts cannot be exchanged for cash and do not apply to gift cards.
Discounts are non-transferable and counterfeiting is prohibited.
Discounts cannot be settled retrospectively.
Discount codes cannot be applied retroactively to an order that has already been placed. A discount code once used cannot be redeemed for another discount code or combined (retrospectively) with other ongoing promotions, unless otherwise stated.

Article 24 – Gift card

Only gift card issued by Babiem located at Kokerbijl 7, 5443 PV Haps can be redeemed at www.babiem.com .
With gift cards, the discount is only calculated when a valid code is used. The consumer is responsible for entering the correct gift card code, so that the amount received can be automatically calculated.
Consumers can only use one gift card per order and cannot use it in combination with other discount offers.
Gift cards are only valid until 2 years after purchase (date of order confirmation). After this period, the gift card can no longer be redeemed.
Gift card can be redeemed once and are valid for the entire product range, with the exception of discounted items.
Gift cards are not valid for any delivery charges.
Gift cards cannot be exchanged for cash.
Gift cards are non-transferable and counterfeiting is prohibited.
Gift vouchers cannot be settled afterwards.
Ordering a product in the webshop with a greater value than the balance on the customer's gift card is not a problem. In the checkout, the Customer first enters the code of the gift card, then the Customer pays the remaining amount with a payment method of choice.
If a gift card is used for items whose total price is less than the value of the gift card, the remaining amount of the gift card will be forfeited.
Babiem is not responsible for lost, stolen or unauthorised use of gift cards. Make sure to keep the gift card code safe, as it cannot be replaced.

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