1.1 These terms and conditions apply to all offers of Baby Diaries. The conditions are available for everyone and included on the website of Baby Diaries.
1.2 The use of the editor and blog of Baby Diaries is completely free for the first 30 days. So you can create and share diaries and test the software for free by creating an account. The only service of Baby Diaries for which you pay is the (optional) printing of your diary and signing up for the premium subscription to maintain access to the account after the trial period.
1.3 By placing an order, you indicate that you agree to the delivery and payment terms and conditions. Baby Diaries reserves the right to change these.
1.4 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Baby Diaries.
1.5 Baby Diaries guarantees that the product delivered meets the contract and meets the specifications listed in the offer.
2.1 The expected delivery times are two weeks for all books. We are not responsible for any delay caused by the delivery company.
2.2 In the context of the rules of distance selling, Baby Diaries will execute orders within 30 days. If this is not possible (because the book needs to be reprinted), or there are other reasons for delay, or an order can not or only partially be executed, the consumer receives their money back within one month after placement of the order and in that case has the right to cancel the order without penalty.
2.3 The supply obligation of Baby Diaries will, subject to proof, be fulfilled once the goods supplied by Baby Diaries are offered to the customer.
2.4 All terms mentioned on the website are indicative. No rights can be derived from those terms.
3.1 Prices are not increased within the term of the offer, unless legal action is necessary or if the manufacturer alters their prices within this period of time.
3.2 No liability is accepted for the consequences of misprints of the prices on our website.
3.3 All prices on the site are in Euros and include 9% or 21% VAT.
4.1 Because the diaries are made entirely according to the specifications of the consumer and have a personal and unique nature, exchanging or returning a printed diary is not possible.
4.2 If the diary is damaged or contains typographical errors, please contact Baby Diaries within seven days. We will arrange for a suitable solution.
5.2 Baby Diaries respects the privacy of the users of the website and ensures confidentiality of your personal information.
5.3 Baby Diaries makes use of a mailing list. Each mailing includes instructions on how to remove your email address from this list.
5.4 You can delete your account by going to 'Account settings' on your dashboard and pressing the 'Delete account' button. We will then permanently delete all data on your account, including the created diaries.
6.1 Offers are not binding unless otherwise stated in the offer.
6.2 Verbal agreements with Baby Diaries are valid only after they have been confirmed in writing.
6.3 Baby Diaries’ offers do not automatically apply to repeat orders.
6.4 Baby Diaries cannot be held to its offer if the customer should understand that the offer, or any part thereof, contained an obvious mistake or error.
6.5 Additions, modifications and/or further agreements are valid only if agreed to in writing.
7.1 All images and photos concerning weight, dimensions, colors, graphics, labels, etc., on the website of Baby Diaries are only approximate. They are indicative and may not give rise to damage claims or rescission of the contract.
8.1 Baby Diaries is not liable in any way when it cannot fulfil its commitments due to force majeure.
8.2 Force majeure shall mean any strange reason and any circumstance that in reasonableness should not be for the risk of Baby Diaries. Delay or failure by our suppliers, disruptions in the Internet, disruptions in the electricity, failures in email traffic and disturbances or changes in third party technology, transport problems, strikes, government measures, delays in supply, omissions of suppliers and/or manufacturers of Baby Diaries as well as from individuals, disease, defects in appliance or shipment are explicit cases of force majeure.
8.3 In case of force majeure, Baby Diaries reserves the right to suspend its obligations and is entitled to dissolve the agreement in whole or in part, or to amend the content of the agreement so that the execution of the command is still possible. Baby Diaries is in no way obligated to pay any penalty or damages.
9.1 All contracts are subject to Dutch law.
9.1 Disputes arising from an agreement between Baby Diaries and the buyer, which cannot be resolved by mutual agreement, will be handled by the competent court within the district of Rotterdam, unless Baby Diaries prefers to submit the dispute to the competent court of the domicile of the buyer, with the exception of those disputes that fall under the jurisdiction of a magistrate.
Version valid from May 1, 2014