Webshop terms and conditions

 

What these terms cover. These are the terms and conditions (hereafter the “Terms”) on which Nuna International B.V. (“we”) supply products to you when you place an order (“Order”) on thehttps://gracobaby.eu/en ( “Website”). The language of contract shall be English.

Why you should read them. Please read these Terms carefully before you submit your Order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you do not agree to these Terms, please do not submit any Orders to us.

 

Who we are and how to contact us

 

Who we are. We are a company registered in the Netherlands with company number 34274912. Our registered office address is atVan der Valk Boumanweg 178‐c, 2352 JD Leiderdorp, The Netherlands.

 

How you can contact us. To contact us please refer to: Info.eu@gracobaby.eu.

 

How we will contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your Order.

 

Our contract with you

 

How you place an order. To place an order on the Website start by placing the desired products in the basket. In the basket you may modify the desired quantity at any time or delete products completely. If you have placed the products in the basket, by clicking on the buttons “Next” you will get first to a web page where you may enter your data and then you may choose the shipping and payment method. You can review your input on the review & payments page. To correct input errors (e.g. with respect to the payment method or data), click “Edit” next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the Place Order button “Order and Pay”, your declaration becomes a binding Order.

How we confirm receiving the order. By clicking “Place Order” in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Your Order constitutes an offer to us to conclude a contract. When you place an Order with us, we will send you a message confirming that we have received your Order and listing its details (“Order Confirmation”). This Order Confirmation does not represent an acceptance of your offer, but is only intended to inform you that we have received your Order.

How we accept your Order. Our acceptance of your Order will take place when we email you to accept it, at which point a contract will come into existence between you and us.

Your personal information. Through sending your Order and your registration with our online shop you assure that all information provided therein, particularly name, Email address, account information is accurate. Please notify us immediately of any changes.

Who we do not accept Orders from. We only supply the products for domestic and private use. If you order the products for any commercial, business or re-sale purposes, we do not accept your Order and these Terms do not apply.

If we cannot accept your Order. If we are unable to accept your Order, we will inform you of this in writing and will not charge you for the Order you have placed. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, or because we have identified an error in the price or description of the product.

If we can only accept part of your Order. If you order multiple products as part of an Order, and we anticipate that we will be unable to fulfil part of the Order (such as because a certain product in your Order is out of stock), we will contact you to confirm if you wish to purchase the remaining products in your Order.

Your order number. We will assign an order number to your Order and we will tell you what it is when we accept your Order. Please keep your order number to hand as it will help us if you can tell us the order number whenever you contact us about your Order.

Storage of the contract text. You will receive the contractual provisions together with information on the goods ordered and/or services booked including these Terms and the information on the right of withdrawal by email upon acceptance of the contract offer or together with the notification thereof. We do not store the contractual text for you.

We only sell to selected European countries. The Website is solely for the promotion of our products in the above mentioned countries and we will only deliver addresses located in these countries.

 

Our products

 

Products may vary slightly from their pictures. The images of the products on the Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that an electronic device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.

Product packaging may vary. The packaging of products may vary from that shown in images on the Website.

Your rights to make changes. If you wish to make a change to your Order after we have accepted your Order, please contact us as soon as possible. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the product, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If you do not confirm the change, we will fulfil the initial Order.

Our rights to make changes. We may change a product within an Order to reflect changes in relevant laws and regulatory requirements (for example due to a change in the laws relating to product safety in the EU).

Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your Order.

What happens if we got the price wrong. We take all reasonable care to ensure that the price of the product displayed on the order pages is correct. It is always possible that, despite this care, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your Order so that, where the product’s correct price at your order date is less than stated in your Order, we will charge the lower amount. If the correct price of the product at the date of your order is higher than the price displayed to you on the Website, we will contact you before we accept your Order and ask if you want to purchase the product at the correct price or cancel the order.

 

Providing the products

 

Delivery costs. Shipping costs may vary based on the destination country and distance. The applicable shipping fee will be calculated and displayed before you complete checkout, after you provide your shipping address.

When we will provide the products. We will deliver the products to you as soon as reasonably possible. All information on shipping or delivery of a product is only estimated information. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product. Delivery is usually within 2-5 working days and will be in any event within 30 days after the day on which we accept your Order. All our Orders are fulfilled by DPD and we will contact you with the details to track your Order once it has been dispatched by DPD.

If you are not at home when the products are delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local DPD depot.

If you do not re-arrange delivery. If after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot, we will contact you for further instructions and may charge you for additional delivery costs. If, despite our reasonable efforts, we are unable to contact you or to re-arrange delivery or have to take back the product we may end the contract and sec. “When we may end the contract” (see below) will apply.

When you become responsible for the products. The products within an Order will be your responsibility from the time we delivered the Order to the address you gave us.

When you will own the products. You will own the products within an Order once we have received payment in full for the Order.

Your legal right if we deliver the products late. If we miss the delivery deadline for any products then you may terminate the contract with immediate effect if any of the following apply: (a) we have refused to deliver the products; (b) delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or (c) you told us before we accepted your Order that delivery by the delivery deadline was essential.

Setting a new deadline for delivery. If you do not wish to terminate the contract with immediate effect under sec. “Your legal right if we deliver the products late.” (see above), you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

Ending the contract for late delivery. If you do choose to terminate the contract with immediate effect because of late delivery under sec. “Your legal right if we deliver the products late.” (see above), you can cancel your Order for any of the products or reject products that have been delivered. If you wish, you can reject or cancel the Order for some of those products (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled products. If the products have been delivered to you, you must return the products to us. We will pay for the costs of returning the items. Please contact us if you have any questions in relation to returning the product(s) to us following the cancellation of your purchase.

 

Your right to withdraw from your purchase.

 

Your right to change your mind. You have the legal right to change your mind and withdraw from your Order within 28 days after you or a third party other than the carrier and indicated by you acquires physical possession of the product(s) from us (or of the final product(s) in the case of an Order delivered in multiple deliveries), without giving any reason. Please contact us using the contact details above to notify us if you wish to change your mind informing us of your decision to withdraw from the contract underlying these Terms by an unequivocal statement in writing (i.e. a letter sent by post, fax or email). You may use the attached withdrawal form but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

Withdrawal form according to Annex 1 B to Directive 2011/83/EU

(Complete and return this form only if you wish to withdraw from the contract underlying these Terms)

To Nuna International B.V.:

I hereby give notice that I withdraw from your contract of sale of the goods [please describe the goods precisely so it is possible to identify to which goods withdrawal refers]

• ordered on (*) /received on (*);
• name of consumer(s);
• address of consumer(s);
• signature of consumer(s);
• (only if this form is notified on paper);

date

(*) complete as appropriate

 

Returning the products. Once we have confirmed the withdrawal, you will have 28 days to return the products to us. The deadline will be met if you send back the goods before the period of 28 days has expired. We will pay for the costs of returning the items. Please contact us if you have any questions in relation to returning the product(s) to us following the withdrawal of your purchase.

Condition of the returned products. The product(s) must be in the condition in which delivered and packed in accordance with our instructions. You may open the packaging and examine the product(s). However, the product(s) must be returned undamaged and properly packaged. If the product(s) is/are damaged after delivery or if it/they are not properly packaged, we may deduct an amount from your refund to reflect any reduction in value of the products as a result of your handling the products in a way which would not be permitted in a shop. If only part of the products contained in an Order are returned, only a corresponding part of the total purchase price will be refunded to you.

Refunding your purchase. We will refund you the price you paid for the products and the cost of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us) by the method you used for payment, unless we agreed on a different method. The refund will be made as soon as practicable and at the latest within 14 days of when we receive the products(s) back or, if earlier, within 14 days of the day on which you supply us with evidence that the product(s) have been sent back.

 

If there is a problem with your Order

 

If there is a problem with a product or if the product is faulty. Please contact us using the contact details above to notify us if you have any questions or complaints about a product we have supplied to you as part of an Order. You are entitled to the statutory warranty rights insofar as they are not modified in the following.

Your legal right to revocation if the product is faulty or not as described by us. We are under a legal duty to supply products that comply with the contract. You have legal rights in respect of products that are faulty or not consisted to our description. If you wish to exercise your right to revocation and return to us any product that is faulty or not consisted to our description, we will refund the price as soon as possible, and pay the costs of postage from the EU based address to which we delivered the product(s) to our return address, in accordance with your legal rights. This description of the right to return does not exclude other legal rights.

Warranty. All Orders come with our product warranty (“Warranty”), of up to two years from the date of delivery of your Order (or when receiving the final product(s) from us in the case of an Order delivered in multiple deliveries). Please see https://gracobaby.eu/en/warranty for more information on how products may be returned, repaired or replaced under the Warranty.

 

Rights to end the contract

 

Your right to end the contract because of something we have done or are going to do. You have the right to end the contract if: (a) we have told you about an upcoming change to the product which you do not agree to; (b) there is a risk that supply of the products may be significantly delayed because of events outside our control; or (c) if we notify you that there is an update to these Terms that changes the terms of your Order. If you wish to end the contract for any of these reasons, please contact us using the contact details above and we will refund you in full as soon as possible for any products which have not been provided to you under your Order.

When we may end the contract. We may end the contract for an Order at any time before we deliver the Order, by writing to you, if you do not within a reasonable time allow us to deliver the Order to you. If we end the contract for this reason we will refund you in full for any products which have not been provided to you under your Order.

 

Our liability

 

When we are liable. We shall only be liable for intent and gross negligence as well as for breach of a material duty whose observance is essential for performing the contract and on which you may reasonably rely (“Cardinal Duty”). In case of slightly negligent breach of a Cardinal Duty, our liability shall be limited to typical damages foreseeable at the time of formation of contract. We shall not be liable for slightly negligent breach a duty other than a Cardinal Duty. In case of initial impossibility, we shall be liable only if we knew of such impediment to performance, or if lack of knowledge thereof is due to gross negligence or if such initial impossibility means a breach of a Cardinal Duty. Where our liability is excluded or limited, the liability for fault of legal representatives and vicarious agents shall be limited or excluded as well, as the case may be. The exclusion of liability set forth above shall not apply if we fraudulently concealed defects or to assumed a guarantee of quality, in case of liability under product liability law and bodily injury (injury to life, limb or health). This shall not involve a change of the burden of proof to the disadvantage of Customer.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in these Terms shall limit or exclude our liability for death or personal injury caused by our negligence (including the negligence of our employees, agents or subcontractors). Nor shall our liability be excluded to the extent that cannot be excluded or limited under applicable law.

Your consumer rights. Nothing in these Terms shall affect your legal rights in respect of any purchase through the Website of products that are faulty or do not match their description.

No liability for business losses. We are not liable for business losses. We only supply the products for domestic and private use, see sec. “Who we do not accept Orders from”. If you use the products for any commercial, business or re-sale purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

How your personal information is used

 

How your personal information is used. Your personal information will be used in accordance with the Website’s privacy notice.

 

Provision of the website

 

Website available for your personal use. The Website is provided for your non-commercial, personal use only and must not be used for business purposes. You will be able to obtain information about certain products via the Website and you can also submit queries to receive more information about our products.

Updates to these Terms. We provide the Website to you on the basis of these Terms. These Terms may be updated by us from time to time by posting the updated Terms on the Website without prior notification to you. When you access the Website at any time in the future, such updated Terms then in force shall apply. You should check the Terms for updates each time you access the Website.

Registering an account on the Website. You can purchase products via the Website by selecting items and proceeding to the check-out. If you have not already registered an account at the Website, you can choose to register an account when completing your purchase. If you register for an account on the Website, please ensure you keep your account password secure and confidential.

Cancelling an account registration. We reserve the right to decline or cancel an account registration at any time. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and that they comply with them.

 

Website disclaimer and use

 

Provision of the Website. The Website is provided to you at no extra charge. We do not guarantee that the Website will always be available or be uninterrupted. We may suspend or restrict of availability of all or any part of the Website for business or operational reasons. Any support provided to you through the Website is for information purposes only. We reserve the right to make changes to the Website at any time; or not reply to any queries; or not provide support in connection with the Website for any reason. Please note this clause relates to your use of the Website and does not affect any legal rights you may have in respect of products purchased through the Website.

Material on the Website. All material on the Website is our property and/or our suppliers’ and is protected by copyright and other intellectual property rights. You are authorised to view and download the materials for your personal, non-commercial use only.

Accessing the Website. We reserve the right to at any time prevent you from using the Website or to prevent you from making any purchases through the Website.

 

Other important terms

 

If a court finds part of these Terms invalid, the rest of the contract will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are invalid, the remaining paragraphs will remain in full force and effect.

Our enforcement of the contract. Even if we delay in enforcing this contract, we can still enforce it later within the statute of limitations. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to these Terms and where you may bring legal proceedings. These Terms are governed by These conditions are governed by and construed in accordance with the laws of Germany (except its conflict of law provisions), while the application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If you are a consumer and have your habitual residence in the European Union, you additionally enjoy the protection afforded to you by mandatory provisions of the law of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the courts of Munich, Germany. This means that you may bring a claim to enforce your consumer protection rights in connection with these Terms in Germany or in the EU country in which you live.The European Commission provides a platform for online dispute resolution under http://ec.europa.eu/consumers/odr. We are not obligated and not willing to participate in dispute resolution proceedings pursuant proceedings pursuant to the German Consumer Dispute Resolution Act (VSGB).

 

This Notice was last updated on 10/04/2024.