General conditions of distance selling by BabyGold
The customer must always read the general conditions of distance selling before placing an order. Any order online or by telephone will be considered as an explicit acceptance of the general conditions of distance selling. These conditions do not apply to products offered and sold by BabyGold partner vendors.
Only these conditions of sale are applicable for distance selling (online or by telephone) to end users by BabyGold and this on Belgian territory. They apply to the exclusion of all other conditions, even those mentioned on the purchase order from the buyer. BabyGold reserves the right to modify these general conditions at any time. However, current contracts remain subject to the conditions applicable at the time the sale is concluded. With the confirmation of his order, the customer receives the general conditions of sale, in a format that he can store or print.
BabyGold is only active in Belgium. We can only accept your reservation when the delivery address is located in Belgium. The agreement can be concluded in Dutch or French, at the customer's choice. Subsequent exchange of information will also take place in one of these languages. The customer will not be able to take advantage of his lack of knowledge of the chosen language in order to invoke the non-application of one or more conditions.
Where indicated, the provisions will only apply to sales to “consumers”; i.e. to any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity.
By “large appliances” it is understood: refrigerators, freezers, washing machines, dryers, dishwashers, stoves, hobs, wine cabinets, built-in ovens, televisions, large air conditioners. "Small appliances" are all other appliances mentioned on the site. The same conditions apply to accessories as for small appliances.
3. Conclusion of distance selling
To order a product online, the customer must add it to his basket. Then, he chooses the delivery method (see article 7), he fills in his personal data and he chooses a payment method (see article 6). To complete the order, the customer must click on the "payment" button and make the payment (unless payment is scheduled upon delivery). To order a product over the phone, the customer can call 0032-475-32 00 01 and a telephone operator will guide them through the purchase process.
The catalog of products and their description on BabyGold.be does not constitute an offer as such. It is therefore not sufficient to order a product on our site or by telephone for the formation of the sales contract. The sale will only be concluded upon receipt of the confirmation email.
For the safety and certainty of the customer, BabyGold reserves the right to ask him for additional information and to refuse the execution of the order in the absence of an adequate response. BabyGold may also refuse to fulfill orders when it appears that the buyer intends to resell the products or when the order is made by a minor. This also applies when a manifest error has been introduced in the description of a product or in the indication of its price on the website, despite the great attention that BabyGold pays to the accuracy of the information. .
In the event of force majeure, BabyGold reserves the right to suspend its obligations for the entire duration of the case of force majeure, or to terminate the contract.
4. Transfer of ownership
Notwithstanding article 1583 of the Civil Code, the goods sold, delivered or installed remain our exclusive property, until full payment of our invoices. Notwithstanding this retention of title, all risks of loss and damage relating to the goods concerned are transferred to the customer upon taking possession.
Our prices include VAT, Recupel and other taxes and contributions included. All offers are valid as long as they are listed on the website. Prices shown may always vary. When you place an order, the effective price for that purchase is the price in effect at the time of that order. Standard delivery and shipping are free, unless explicitly stated otherwise. Costs will be invoiced for the possible use of a lift, for the connection equipment used and for the installation of certain devices (see article 7.1).
For his order online or by phone, the customer can make his payment:
a) directly (only for online purchases):
Credit card: Visa, Mastercard, Maestro;
b) by traditional transfer to our account BE57 3630 9972 5235
In the latter case, the products are set aside for the customer for 5 days, pending payment. Once this period has passed, we can decide to cancel the order.
When ordering large devices, the customer can opt for:
a) full payment upon order;
b) payment of a deposit of 30% upon ordering and payment of the balance upon delivery.
In the absence of payment of the remaining balance due at the time of delivery, the merchandise will be taken back and subsequent services will be invoiced to the customer. When ordering small appliances for home delivery by courier or at a pick-up point, the customer must always pay the full amount of the order.
7. Delivery and installation
All products are delivered to the address or collection point indicated by the customer. For customer safety, proof of customer identity (or a copy) may be requested upon delivery. The customer signs for receipt.
Delivery and installation of large devices
In Belgium, the BabyGold delivery service delivers large devices free of charge.
When the customer requests it when ordering, BabyGold can provide free commissioning of the devices on an existing and compliant installation (with the exception of built-in dishwashers, hoods and extractor units). The costs of the material necessary for the connection are always the responsibility of the buyer. In the event that an additional technical or aesthetic intervention is required, it is the buyer's responsibility either to have this work carried out beforehand, or - if possible - to have them carried out at its expense by BabyGold under the control.
For delivery to a place which is not accessible via a lift of sufficient size or a suitable staircase (e.g. a spiral staircase) and in any case for delivery places beyond the third floor, without an elevator of sufficient size and even with a suitable staircase, the customer must provide an elevator of adequate capacity. BabyGold can, at the customer's request, provide a standard lift for deliveries up to the sixth floor against payment of a flat rate (for more information, contact 0032-475-32 00 01 ).
For the delivery of American fridges, costs will be expected if steps or stairs are on the path taken for delivery or if doors must be removed. The customer will be contacted about this before delivery.
If the customer so requests when ordering, the delivery service may proceed with the removal of his old device, provided that it is a similar device, of comparable dimensions, the return of which does not require work or additional means of transport. If the appliance to be taken back is a refrigerator or a freezer, it must first be emptied and defrosted by the customer.
In the event of absence during delivery at the agreed time or in the event of a manifestly unfounded refusal of the delivery by the customer, the costs incurred by the additional trip will be invoiced in addition. The same rule applies when the client cancels the appointment less than 48 hours in advance. When BabyGold cancels the appointment less than 48 hours in advance, the customer can claim compensation of € 35.
In case of doubt concerning the delivery conditions, the customer can contact us at 0032-475-32 00 01 .
Delivery of small appliances
Home delivery is normally carried out by courier (only on the ground floor).
In the absence of the customer, the courier leaves in his letterbox a notice mentioning the Post office where the customer can come and collect his goods on presentation of his identity card. He has 14 days to do so.
When delivering to a collection point, the customer receives a notification as soon as his package is available for collection on presentation of his identity card. If the pick-up point chosen by the customer is no longer available at the time of delivery, BabyGold reserves the right to deliver the order to the nearest available pick-up point.
8. Delivery time
For articles in stock at the time of the order and to be delivered to home, several delivery dates are offered to the customer, who can make a choice. For delivery to a collection point, the time limit within which the order will be available is indicated.
For items that are not in stock at the time of the order, a maximum delivery period of 30 days is in effect, unless explicitly agreed otherwise. As soon as the device is in stock, BabyGold contacts the customer to set a delivery date in case of home delivery.
BabyGold is not responsible for damages resulting from late delivery or non-delivery by the designated carrier. In such a case, the liability remains limited to the value of the items, for which the customer provides proof of non-receipt.
In the event of payment by bank transfer, the customer is notified when it turns out that the payment has not yet been received two days before the delivery date. After receipt of payment, the customer is contacted again in order to set a new delivery date.
10. Guarantee conditions for consumers
Legal guarantee for consumers
For consumers, the legal warranty of 2 years applies.
a) This warranty only covers any lack of conformity existing at the time of delivery of the goods. The following are therefore excluded:
any direct or indirect damage caused to the device after delivery (eg by oxidation, impact, fall, ...);
the replacement of elements or accessories whose regular renewal is necessary;
damage resulting from fire, water damage, lightning, accident, natural disaster;
faults caused expressly or by negligence, by improper treatment, poor maintenance or abnormal use or not in accordance with the manufacturer's instructions;
damage resulting from commercial, professional or collective use.
b) The lack of conformity must be reported within two months of its discovery.
c) Any request for intervention must be addressed to our after-sales service. When the customer calls directly on the manufacturer within the framework of the guarantee, the related costs are at his expense. In the event of intervention by a third party who is not appointed by BabyGold, the benefit of the guarantee is canceled.
d) The general repair conditions apply to all repairs. These conditions and restrictions do not affect the legal provisions in this area.
11. Right of withdrawal
This provision only applies to distance selling to consumers. This provision therefore does not apply to any natural person within the framework of his commercial, industrial, craft or professional activity, nor to legal persons.
The consumer can withdraw from the contract, without having to justify his decision, within 14 days from the date of delivery. For small devices, the customer has the choice:
a) Either he returns the products, accompanied by the invoice or receipt, in an BabyGold store, within 14 days of delivery.
b) Or he communicates in writing, within 14 days from the date of delivery, his decision to withdraw, preferably by using the return procedure. The customer will then receive the instructions to return the product to us without undue delay and in any event, no later than 14 days following the communication of withdrawal:
Either by returning the product to us at its expense to the BabyGold postal address, 258-260 Rue de Brabant 1030 Brussels;
Or by depositing the product free of charge at a bpost collection point.
For large devices, the customer will communicate in writing, within 14 days of delivery, his decision to withdraw, by e-mail to info@BabyGold.be , or by telephone or number 0032-475-32 00 01 . An appointment will then be arranged for the removal of the device. An amount of 40 € (90 € for American fridges) must be paid by the customer for transport costs. Built-in appliances must be dismantled in advance by the customer for transport.
For collection from a place which is not accessible via an elevator of a sufficient size or a suitable staircase (eg a staircase) and in any case for places of delivery beyond the third floor, without elevator of sufficient size and even with a suitable staircase, the customer must provide an elevator of adequate capacity. BabyGold can, at the customer's request, provide a standard lift for collections up to the sixth floor against payment of a fixed price (for more information, contact 0032-475-32 00 01 ).
BabyGold will send you a confirmation e-mail after receipt of your withdrawal decision and after receipt of the device.
The products must be returned, as far as possible, in their original packaging, with all the accessories provided, and in their original condition.
The customer is responsible for the depreciation of the products resulting from handling other than those necessary to establish the nature, characteristics and proper functioning of these products. The customer is also required to respect the products and handle them with care.
Within 14 days of communicating to BabyGold of the customer's decision to withdraw, all amounts paid will be refunded via the same means of payment that the customer used when making their purchase (less the aforementioned transport costs and depreciation. , if applicable). However, no cash refund can be obtained in store.
BabyGold reserves the right to withhold reimbursement until the goods are collected, or until the consumer has provided proof of shipment of the product.
The parties accept electronic evidence (email, backup, ...).
13. Second choice device
The devices that are sold via the “second choice” online site are unique and are allocated to the first customer who completes the order.
The warranty and repair conditions continue to apply for these devices, which however cannot be exchanged due to their unique nature.
Notes on remote control
For any questions relating to his order, the customer can contact BabyGold at 0032-475-32 00 01 (Open every day from 9 a.m. to 7 p.m. except Friday) or by sending an e-mail to info@BabyGold.be .
Notes on delivery
Delivery of large appliances: any claim for apparent damage to the delivered goods or for damage caused by our delivery personnel must, to be taken into consideration, be mentioned on the delivery documents at the time of delivery. This also applies to incorrect or incomplete deliveries.
Delivery of small appliances: any complaint about apparent damage to the packaging of the delivered goods must, to be taken into consideration, be mentioned on the delivery documents at the time of delivery by the courier. Complaints about damage or defects to the goods themselves must be made by email to info@BabyGold.be , always within 24 hours of delivery.
For large devices, home intervention is possible throughout Belgium. In order to make an appointment, the customer can contact the After-Sales Service at 0032-475-32 00 01 . Small appliances must be dropped off at one of the BabyGold stores.