Terms & Conditions

Table of Contents
Article 1 – Definitions
Article 2 – Company Identity
Article 3 – Applicability
Article 4 – The Offer
Article 5 – The Agreement
Article 6 – Right of Withdrawal
Article 7 – Price
Article 8 – Conformity and Warranty
Article 9 – Delivery and Execution
Article 10 – Payment
Article 11 – Orders via Website for Consumers Only
Article 12 – Complaints Procedure
Article 13 – Disputes
Article 14 – Additional or Deviating Provisions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Cooling-off period: the period within which the consumer may exercise the right of withdrawal;

2. Consumer: a natural person not acting in the exercise of a profession or business who enters into a distance contract with the company;

3. Durable data carrier: any means that enables the consumer or trader to store information addressed to them personally in a way that allows for future consultation and unchanged reproduction of the stored information;

4. Right of withdrawal: the consumer’s option to cancel the distance contract within the cooling-off period;

5. Company: the legal entity as defined in Article 2 of these terms and conditions, which offers products to consumers remotely;

6. Distance contract: an agreement concluded within the framework of a system organized by the company for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication until the contract is concluded;

7. General Terms and Conditions: these General Terms and Conditions of the company.

Article 2 – Company Identity

• Badú BV, based in The Netherlands

• Email: hello@baduhomewear.com

• Chamber of Commerce (KVK): 96554215

• VAT number: 867658782B01

Article 3 – Applicability

1. These terms and conditions apply to every offer made by the company and to all distance contracts and orders between the company and the consumer.

2. Before concluding a distance contract, the consumer will be provided with these terms and conditions. If this is not reasonably possible, it will be indicated where the terms and conditions can be inspected and that they will be sent free of charge upon request.

3. If the distance contract is concluded electronically, the terms may be provided to the consumer electronically in such a way that the consumer can store them easily on a durable data carrier.

4. If any provision of these terms is void or annulled, the remaining provisions remain in effect, and the invalid provision will be replaced in mutual consultation.

5. Situations not covered or unclear in these terms shall be interpreted in the spirit of these terms.

Article 4 – The Offer

1. The offer includes a complete and accurate description of the offered products. Obvious mistakes or errors in the offer do not bind the company.

2. Images and specifications are indicative and do not entitle consumers to compensation or cancellation. Colours may differ slightly from reality.

3. The offer clearly states the consumer's rights and obligations, including:

• Price including taxes;

• Shipping costs;

• How the contract will be concluded;

• Whether the right of withdrawal applies;

• Payment, delivery, and execution;

• Whether and how the contract is archived;

• How the consumer can review and correct the information provided.

Article 5 – The Agreement

1. By submitting the order form provided on the website, the consumer is accepting the company’s offer. The agreement is concluded when the consumer meets the conditions set. More concrete, this means that the agreement is concluded when the consumer places an order on the company's website. The consumer places an order by filling in all the necessary information during the ordering process, and then selecting a payment method and making the payment. Before the consumer finalizes the order, he/she is given the opportunity to check the order and to view and agree to these general terms and conditions.

2. After receiving the order, the company sends an automated confirmation email without granting legal rights.

3. The company may reject or cancel an order without stating a reason.

4. For electronic orders, the company ensures a secure web environment and appropriate technical and organizational security measures.

5. The agreement is subject to the availability of the ordered products.

Article 6 – Right of Withdrawal

1. The consumer may cancel the agreement within 14 days after receiving the product without giving a reason.

2. During this period, the consumer must handle the product and packaging with care and return the product in its original condition, including all tags.

3. The consumer must notify the company within 14 days using the return form or other means (e.g., email) and return the product within 14 days. Proof of return (e.g., shipping receipt) is required.

4. If the consumer fails to return the product within the specified period, the purchase is final.

5. The right of withdrawal does not apply to custom-made or hygienically sensitive products.

6. Return shipping costs are borne by the consumer.

7. Upon return, the company will refund the purchase amount within 14 days via the original payment method, provided the product has been received.

8. The consumer is liable for any loss in value resulting from improper handling.

Article 7 – Price

1. Prices are inclusive of VAT.

2. Prices may change due to tax adjustments.

3. No liability is accepted for typographical or printing errors. Erroneous prices do not bind the company.
   

Article 8 – Conformity and Warranty

1. The company guarantees that products conform to the agreement and legal requirements.

2. Any additional manufacturer or importer warranty does not affect the consumer’s legal rights.

3. Defects must be reported to the company within two months.

4. The warranty term equals the manufacturer’s warranty. The company is not liable for specific applications or usage advice.

5. Warranty does not apply if:

• The consumer or a third party modifies or repairs the product;

• The product is exposed to abnormal conditions or improper use;

• Defects result from legal or governmental requirements.

Article 9 – Delivery and Execution

1. The company will handle orders with care.

2. The delivery address is the one provided by the consumer. The correctness of the address provided is the consumer’s responsibility. 

3. Orders will be fulfilled within 30 days unless a longer delivery time has been agreed. Delays will be communicated, and the consumer may cancel the contract. No compensation is owed.

4. Delivery times are indicative. No rights can be derived from them.

5. The company is not liable for delays or failures in the performance of the agreement resulting from force majeure, such as strikes, transport issues, natural disasters, or other unforeseen circumstances.

6. If the agreement is cancelled due to delay, the company will refund the payment within 14 days.

7. If the ordered product is unavailable, the company will offer a replacement. The consumer will be informed clearly. The right of withdrawal applies. Return costs are borne by the company.

8. The risk of damage or loss lies with the company until delivery to the consumer or a designated third party.

Article 10 – Payment

1. Payment must be made via the methods offered on the website.

2. The company may change available payment options at any time.

Article 11 – Orders via Website for Consumers Only

All website orders are intended solely for consumers. Commercial resale is prohibited. Businesses must contact hello@baduhomewear.com for purchases.

Article 12 – Complaints Procedure

1. Complaints must be submitted to the company within two months of discovering the defect.

2. The company will respond within 14 days. If more time is needed, the consumer will be informed within 14 days.

3. If a complaint is found to be valid, the company may choose to replace or repair the product free of charge.

Article 13 – Disputes

1. Dutch law applies exclusively to agreements between the company and the consumer, even if the consumer lives abroad.

2. The Vienna Sales Convention does not apply.

Article 14 – Additional or Deviating Provisions

Additional or deviating provisions must not be to the consumer's disadvantage and must be recorded in writing or in a storable format.