Algemene voorwaarden

General Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

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

Consumer: the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur.

Day: calendar day.

Continuous transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligations of which are spread over time.

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

Right of withdrawal: the consumer’s right to withdraw from the distance contract within the cooling-off period.

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance.

Distance contract: an agreement concluded within the framework of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more means of distance communication up to and including the conclusion of the agreement.

Means of distance communication: any tool that can be used for concluding a contract without the consumer and the entrepreneur being physically present in the same place at the same time.

General Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the Entrepreneur

4mommy.nl is part of SmartDealBasement
Laan van de Vrede 115, 9728CG
Email: info@smartdealbasement.com
Chamber of Commerce number: 81114427
VAT identification number: NL004531148B45

Article 3 – Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and order concluded between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent free of charge to the consumer upon request as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions can be made available electronically to the consumer before the contract is concluded, in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, it will be indicated where the terms and conditions can be accessed electronically and that they will be sent electronically or otherwise free of charge upon the consumer’s request.

Where, in addition to these general terms, specific product or service conditions apply, paragraphs 2 and 3 apply accordingly, and in the event of conflicting provisions, the consumer may rely on the most favorable applicable provision.

If any provision of these general terms and conditions is found to be invalid or annulled, the remaining provisions will remain in full force, and the invalid provision will be replaced by a new one that most closely matches the intent of the original.

Situations not covered by these general terms and conditions and ambiguities regarding the interpretation of one or more provisions shall be assessed “in the spirit” of these general terms and conditions.

Article 4 – The Offer

If an offer is valid for a limited period or subject to conditions, this will be explicitly stated.
The offer is non-binding; the entrepreneur reserves the right to change or adjust it.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable proper consumer evaluation. Images used are a true representation of the offered products and/or services. Obvious mistakes or errors do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot give rise to compensation or termination of the agreement. The entrepreneur cannot guarantee that colors displayed exactly match the actual colors of the products.

Each offer clearly states the rights and obligations that apply upon acceptance, including but not limited to:

the total price including taxes;
any shipping costs;
the way in which the contract is concluded and what steps are required;
whether the right of withdrawal applies;
the method of payment, delivery, and execution;
the validity period of the offer or the duration for which the price is guaranteed;
the costs of distance communication if they differ from the basic rate;
whether the contract will be archived and how it can be accessed;
how the consumer can check and correct input errors before concluding the contract;
any other languages in which the contract may be concluded;
the codes of conduct the entrepreneur adheres to and how the consumer can consult them electronically;
and the minimum duration of the distance contract in the case of continuous or periodic transactions.

Article 5 – The Agreement

The contract is concluded, subject to paragraph 4, at the time the consumer accepts the offer and meets the stated conditions.

If acceptance occurs electronically, the entrepreneur will immediately confirm receipt electronically. Until this confirmation is received, the consumer may dissolve the agreement.

When concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure data transmission and provide a safe web environment. For electronic payments, appropriate security measures will be applied.

The entrepreneur may, within legal limits, investigate whether the consumer can meet their payment obligations and assess relevant facts for a responsible conclusion of the distance contract. If there are valid reasons to refuse, the entrepreneur may decline an order or attach special conditions to it.

The entrepreneur will send the consumer, in writing or on another durable medium, the following information:
a. the business address for complaints;
b. the conditions and procedure for exercising the right of withdrawal, or notice if it is excluded;
c. information on guarantees and after-sales service;
d. the data listed in Article 4(3), unless previously provided;
e. conditions for termination if the agreement exceeds one year or is indefinite.

In continuous transactions, this applies only to the first delivery.
All contracts are subject to the condition of sufficient product availability.

Article 6 – Right of Withdrawal

When purchasing products, consumers have the right to dissolve the agreement within 14 days without giving reasons. The cooling-off period starts the day after the consumer or a designated third party receives the product.

During this period, the consumer must handle the product and packaging carefully—only unpacking or using it to the extent necessary to assess whether they wish to keep it. If exercising the right of withdrawal, the consumer must return the product with all accessories, in its original condition and packaging, according to reasonable and clear return instructions.

To exercise the right of withdrawal, the consumer must notify the entrepreneur in writing or by email within 14 days after receipt. After notification, the product must be returned within 14 days. Proof of timely return (e.g., a shipping receipt) must be provided.

If the consumer does not notify within the period or fails to return the product, the purchase becomes final.

Article 7 – Costs in Case of Withdrawal

If the consumer exercises the right of withdrawal, return shipping costs are at their own expense.
If the consumer has made a payment, the entrepreneur will refund the amount as soon as possible and no later than 14 days after withdrawal, provided the returned product has been received or sufficient proof of return is supplied.

Article 8 – Exclusion of the Right of Withdrawal

The entrepreneur may exclude the right of withdrawal for products as described below, provided this was clearly stated before the contract was concluded:

Exclusion applies to products:
a. made to the consumer’s specifications;
b. clearly personal in nature;
c. that by their nature cannot be returned;
d. that can spoil or age rapidly;
e. whose price depends on financial market fluctuations beyond the entrepreneur’s control;
f. newspapers and magazines;
g. audio/video recordings or software with a broken seal;
h. hygienic products where the seal has been broken.

Exclusion also applies to services:
a. relating to accommodation, transport, catering, or leisure activities for a specific date or period;
b. where delivery began with the consumer’s consent before the cooling-off period ended;
c. relating to bets and lotteries.

Article 9 – The Price

Prices stated in the offer will not be increased during the validity period, except for VAT changes.

Prices for products or services subject to market fluctuations beyond the entrepreneur’s control may vary, and this will be clearly stated.

Price increases within 3 months after conclusion are only allowed if resulting from legal regulations.
After 3 months, increases are only permitted if agreed upon and the consumer may terminate the contract as of the date the increase takes effect.

All prices include VAT.
All prices are subject to printing or typographical errors. The entrepreneur is not obliged to deliver at an incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications listed, reasonable usability and reliability standards, and applicable legal regulations.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer’s legal rights.

Defects or incorrect deliveries must be reported within 14 days of delivery. Products must be returned in their original packaging and unused condition.

The warranty period matches the manufacturer’s warranty. The entrepreneur is never responsible for the ultimate suitability for each individual use or any advice regarding use or application.

The warranty does not apply if:

the consumer has repaired or modified the product themselves or through third parties;
the products have been exposed to abnormal conditions or handled carelessly;
defects result from government regulations regarding materials or quality.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care when receiving and executing orders.
Delivery takes place at the address provided by the consumer.

Orders will be executed promptly and within 30 days unless a longer period is agreed upon. If delivery is delayed or partial, the consumer will be informed within 30 days and may cancel without cost and claim a refund.

If cancellation occurs, the entrepreneur will refund payments within 14 days.

If delivery proves impossible, the entrepreneur will attempt to provide a replacement item. This will be clearly communicated upon delivery. The right of withdrawal still applies, and return costs are borne by the entrepreneur.

The risk of damage or loss remains with the entrepreneur until delivery to the consumer or a designated representative.

Article 12 – Continuous Transactions: Duration, Termination, and Renewal

Termination
Consumers may terminate an indefinite contract for regular delivery of products or services at any time with a notice period of no more than one month.

A fixed-term contract may be terminated at the end of the agreed duration with a notice period of no more than one month.

Consumers may:

terminate at any time, not limited to specific dates;
terminate in the same way the contract was entered into;
always terminate under the same notice conditions as the entrepreneur.

Renewal
Fixed-term contracts may not be automatically extended or renewed.
An exception applies to newspaper/magazine subscriptions renewed for up to three months, which the consumer may cancel with one month’s notice.

A fixed-term contract may be renewed indefinitely only if the consumer may cancel at any time with one month’s notice (or three months for publications delivered less than once per month).

Trial or introductory subscriptions end automatically after the trial period.

Duration
If a contract lasts longer than one year, the consumer may cancel after one year with one month’s notice, unless this is unreasonable due to the nature of the contract.

Article 13 – Payment

Unless otherwise agreed, payments must be made within 7 working days after the start of the cooling-off period as described in Article 6(1). For service agreements, this period begins upon receipt of the contract confirmation.

Consumers must immediately report any inaccuracies in payment details.

In the event of non-payment, the entrepreneur may charge reasonable costs made known in advance, within legal limits.

Article 14 – Complaints Procedure

Complaints about the execution of the agreement must be submitted fully and clearly within 7 days after the consumer has discovered the defects.

Complaints will be answered within 14 days of receipt. If more time is needed, the consumer will be informed within 14 days with an estimated response time.

If the complaint cannot be resolved amicably, it becomes a dispute subject to dispute resolution.

A complaint does not suspend the entrepreneur’s obligations unless stated otherwise in writing.

If a complaint is found to be justified, the entrepreneur will replace or repair the delivered products free of charge.

Article 15 – Disputes

All agreements between the entrepreneur and the consumer to which these general terms and conditions apply are governed exclusively by Dutch law, even if the consumer resides abroad.

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