Last date of modification: February 4th, 2022
Your order may arrive to you with the local post office or a local courier. Depending on your area, most orders will be delivered by your local post service, so the package will be delivered with your regular mail. If you happen to not be at home when the delivery is made, a notice card may be left by the postal service with further information on how to collect your order.
1. Sheabutterbaby: established in Amsterdam under Chamber of Commerce no. 75462664.
2. Customer: the person with whom Sheabutterbaby has entered into an agreement.
3. Parties: shea butter baby and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.
Applicability of delivery conditions
1. These terms of delivery apply to all work, orders, agreements and deliveries of services or products, by or on behalf of Sheabutterbaby.
2. The parties can only deviate from these terms and conditions of delivery if they have expressly agreed so in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general and/or delivery conditions of the customer or of third parties.
Consequences of not paying on time
1. If the customer does not pay within the agreed term, Sheabutterbaby is entitled to charge the statutory interest of 2% per month for non-commercial transactions from the day the customer is in default, whereby part of a month for a whole month is calculated.
2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to Sheabutterbaby.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay in time, Sheabutterbaby may suspend its obligations until the customer has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, the claims of Sheabutterbaby against the customer are immediately due and payable.
6. If the customer refuses to cooperate with the execution of the agreement by Sheabutterbaby, he is still obliged to pay the full agreed price to Sheabutterbaby.
Right of advertising
1. As soon as the customer is in default, Sheabutterbaby is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. Sheabutterbaby invokes the right of advertising by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to Sheabutterbaby, unless the parties agree otherwise.
4. The costs for returning or returning the products are for the account of the customer.
Right of withdrawal
1. A consumer can cancel an online purchase during a reflection period of 14 days without giving any reason, provided that:
* the product has not been used
* it is not a product that can spoil quickly, such as food or flowers
* it is not a product that has been custom-made or modified especially for the consumer
* it is not a product that cannot be returned for hygienic reasons (underwear, swimwear, etc.)
* the seal of the delivered goods is still intact, if it concerns data carriers with digital content (DVDs, CDs, etc.)
* the product is not a journey, ticket, catering assignment or form of leisure activity
* the product is not a loose magazine or newspaper
* it is not an (order for) emergency repair
* the consumer has not waived his right of withdrawal
2. The reflection period of 14 days as referred to in paragraph 1 starts:
* on the day after the consumer has received the last product or part of 1 order
* as soon as the consumer has received the first product with a subscription
* as soon as the consumer has purchased a service for the first time
* as soon as the consumer has confirmed that he will purchase digital content via the internet
3. The consumer can make his appeal to the right of withdrawal known via email@example.com, if desired using the withdrawal form that can be downloaded from the website of Sheabutterbaby, https://www.sheabutterbaby.nl.
4. The consumer is obliged to return the product to Sheabutterbaby within 14 days after making his right of withdrawal known, failing which his right of withdrawal will lapse.
Reimbursement of delivery costs
1. If the consumer has made use of his right of withdrawal in time and as a result has returned the complete order to Sheabutterbaby in time, then Sheabutterbaby will refund any shipping costs paid by the consumer within 14 days of receipt of the timely and fully returned order to the consumer.
2. The costs for delivery will only be borne by Sheabutterbaby insofar as the complete order is returned.
Reimbursement return costs
If the consumer invokes his right of withdrawal and returns the complete order on time, the costs for returning the complete order will be borne by the consumer, unless the consumer returns a complete order with a minimum value of € 22.50 (excluding shipping costs).
Right of suspension
Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement. Right of retention
1. Sheabutterbaby can invoke its right of retention and in that case keep the customer’s products in its possession until the customer has paid all outstanding invoices with regard to Sheabutterbaby, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies under previous agreements from which the customer still owes payments to Sheabutterbaby.
3. Sheabutterbaby is never liable for any damage that the customer may suffer as a result of using its right of retention.
Unless the customer is a consumer, the customer waives his right to set off a debt owed to Sheabutterbaby against a claim against Sheabutterbaby.
Retention of title
1. Sheabutterbaby remains the owner of all delivered products until the customer has fully fulfilled all his payment obligations with regard to Sheabutterbaby, including claims about failure to fulfill the agreement.
2. Until that time, Sheabutterbaby can at all times invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, alienate or otherwise encumber the products.
4. If Sheabutterbaby invokes its retention of title, the agreement will be deemed dissolved and Sheabutterbaby has the right to claim compensation, lost profit and interest.
1. Delivery takes place while stocks last.
2. Delivery takes place at Sheabutterbaby, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amounts are not paid or not paid on time, Sheabutterbaby has the right to suspend its obligations until the agreed part has been paid.
5. In the event of late payment, there is a default of creditors, with the result that the customer cannot object to Sheabutterbaby for a late delivery.
1. The delivery times specified by Sheabutterbaby (2-3 days) are indicative and do not entitle the customer to dissolution or compensation if they are exceeded, unless the parties have expressly agreed otherwise in writing.
2. The delivery time starts at the moment that the customer has completely completed the (electronic) order process and has received an (electronic confirmation) from Sheabutterbaby.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless Sheabutterbaby cannot deliver within 14 days after being summoned to do so in writing or the parties have agreed otherwise.
The customer must ensure that the actual delivery of the products ordered by him can take place on time.
Delivery and transfer of risk
The risk of loss, damage or depreciation of a purchased item passes to the customer at the time the item is brought under the control of the customer.
Transport costs are for the account of the customer, unless the parties have agreed otherwise.
Packing and Shipping
1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which Sheabutterbaby cannot be held liable. for any damage.2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging prior to transport to Sheabutterbaby, failing which Sheabutterbaby cannot be held liable for any damage.
1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.
1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
2. The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, or at least come under the control of the customer or from a third party who takes delivery of the product on behalf of the customer.
The customer indemnifies Sheabutterbaby against all third-party claims related to the products and/or services provided by Sheabutterbaby.
1. The customer must inspect a product or service provided by Sheabutterbaby as soon as possible for any shortcomings.
2. If a delivered product or service does not correspond to what the customer could reasonably expect from the agreement, the customer must inform Sheabutterbaby as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform Sheabutterbaby at the latest within 2 months after discovery of the shortcomings.
4. The customer provides as detailed a description as possible of the shortcoming, so that Sheabutterbaby is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties.
6. If a complaint relates to ongoing work, this can in any case not lead to Sheabutterbaby being required to perform other work than has been agreed.
Notice of default
1. The customer must notify Sheabutterbaby in writing of any notice of default.
2. It is the customer’s responsibility that a notice of default Sheabutterbaby is actually reached (on time).
Joint and several liability customer
If Sheabutterbaby enters into an agreement with multiple customers, each of them will be jointly and severally liable for the full amounts owed to Sheabutterbaby under that agreement.
1. Sheabutterbaby is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
2. If Sheabutterbaby is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement.
3. Sheabutterbaby is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
4. If Sheabutterbaby is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.
Any right of the customer to compensation from Sheabutterbaby expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code. Right to dissolution
1. The customer has the right to dissolve the agreement if Sheabutterbaby imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
2. If the fulfillment of the obligations by Sheabutterbaby is not permanently or temporarily impossible, dissolution can only take place after Sheabutterbaby is in default.
3. Sheabutterbaby has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill his obligations under the agreement, or if Sheabutterbaby has taken note of circumstances that give him good grounds to fear that the customer is will not be able to properly fulfill its obligations.
1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure by Sheabutterbaby in the fulfillment of any obligation with regard to the customer cannot be attributed to Sheabutterbaby in a situation independent of the will of Sheabutterbaby, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be expected from Sheabutterbaby
2. The force majeure situation referred to in paragraph 1 also includes – but is not limited to: a state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which Sheabutterbaby cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until Sheabutterbaby er can meet again.
4. From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
5. Sheabutterbaby does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.
Change of delivery conditions
1. Sheabutterbaby is entitled to change or supplement these delivery conditions.
2. Minor changes can be made at any time.
3. Major substantive changes will be discussed with the customer as much as possible in advance, Sheabutterbaby.
4. A consumer is entitled to terminate the agreement in the event of a substantial change in the delivery conditions.
Transfer of rights
1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of Sheabutterbaby.
2. This provision applies as a stipulation with property law effect as referred to in Section 3:83(2) of the Dutch Civil Code.
Consequences of nullity or voidability
1. If one or more provisions of these terms and conditions of delivery prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what Sheabutterbaby had in mind when drafting the conditions on that point.
Applicable law and competent court
1. These terms of delivery and any agreement between the parties are exclusively governed by Dutch law.
2. The Dutch court in the district where Sheabutterbaby is established has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise
Applicability of delivery conditions
1. These terms and conditions of delivery are applicable since 01 July 2021.