Terms and Conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

Cooling-off period: the term within which the consumer can exercise their right of withdrawal;
Consumer: the natural person who is not acting in the course of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Extended-duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the consumer's option to cancel 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: a contract in which, within the framework of a system organised by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more means of distance communication;
Means of distance communication: a means that can be used to conclude a contract without the consumer and entrepreneur being together in the same place at the same time.

Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Company name: SibaBiba

Chamber of Commerce number: 97006238

VAT: NL867871258B01

Keizersgracht 62, 1015CS, Amsterdam, Netherlands (not a visiting address)

Email address: info@sibabiba.com

Article 3 – Applicability

These terms and conditions apply to every offer by 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 terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.

If the distance contract is concluded electronically, then, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically 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 before the distance contract is concluded where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer's request.

In the event that specific product or service conditions apply in addition to these terms and conditions, the second and third paragraphs apply accordingly, and in the event of conflicting terms and conditions the consumer may always rely on the applicable provision that is most favourable to them.

If one or more provisions of these terms and conditions are at any time wholly or partially void or annulled, the contract and these terms and conditions will otherwise remain in force and the provision in question will be replaced without delay by mutual agreement with a provision that approximates the intent of the original as closely as possible.

Situations not covered by these terms and conditions must be assessed 'in the spirit' of these terms and conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our conditions must be interpreted 'in the spirit' of these terms and conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this is explicitly stated in the offer.

The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.

All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.

Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the colours shown exactly match the real colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in particular:

the price, excluding customs clearance costs and import VAT. These additional costs are for the account and risk of the customer. The postal and/or courier service will use the special scheme for postal and courier services for the import. This scheme applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (whether or not together with the clearance costs charged) from the recipient of the goods;
any shipping costs;
the manner in which the contract will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and performance of the contract;
the term for accepting the offer, or the term within which the entrepreneur guarantees the price;
the level of the tariff for distance communication if the costs of using the means of distance communication are calculated on a basis other than the regular base rate for the means of communication used;
whether the contract is archived after conclusion, and if so how the consumer can consult it;
the way in which the consumer can check and, if desired, correct the data provided under the contract before concluding the contract;
any other languages in which, besides Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur is subject and how the consumer can consult these codes electronically; and
the minimum duration of the distance contract in the case of an extended-duration transaction.
Optional: available sizes, colours, types of materials.

Article 5 – The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets the conditions set.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the contract.

If the contract is concluded electronically, the entrepreneur takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.

The entrepreneur may – within legal frameworks – inform themselves as to whether the consumer can meet their payment obligations, as well as of all those facts and factors relevant to responsibly entering into the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request with reasons, or to attach special conditions to its execution.

With the product or service, the entrepreneur will send the consumer the following information, in writing or in such a way that the consumer can store it accessibly on a durable data carrier:

the contact address of the entrepreneur where the consumer can go with complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about guarantees and existing after-sales service;
the data included in Article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before performing the contract;
the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of an extended-duration transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is entered into subject to the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

The consumer has the right to withdraw from the contract within 14 days without giving reasons. This term starts on the day after the consumer, or a third party designated by them, has received the product.

The consumer makes their right of withdrawal known by sending an email within 14 days of receipt to info@sibabiba.com with the digitally completed and signed return form. After this notification, the consumer has another 14 days to actually return the product.

The costs of returning the product are entirely at the consumer's expense.

Returns must always be provided with track & trace. The consumer is responsible for a carefully packaged and demonstrably shipped return. SibaBiba accepts no liability for lost, delayed or damaged returns.

During the cooling-off period, the consumer must handle the product and packaging with care. The product may only be handled and inspected as would be permitted in a physical shop.

If the product or packaging has been used more than necessary, is damaged, is incomplete or shows clear signs of use, SibaBiba reserves the right to apply a depreciation. In exceptional cases, where the product is no longer sellable, this depreciation can amount to up to 100%.

A return is only accepted if the product:

is returned in its original condition;
is complete and undamaged;
is provided with the original packaging (as far as reasonably possible).

Exceptions to the right of withdrawal:

Withdrawal is excluded for products:

which for reasons of hygiene or health cannot be returned once the seal has been broken (such as underwear, care items, skin- and mouth-contact products, cosmetics);
made to the consumer's specifications (custom-made);
that are personalised;
digital products and downloads for which access has already been granted.

SibaBiba processes returns as quickly as possible after receipt. We refund within 14 days of the return notification, but may wait to refund until the product has actually been received. Refunds are made via bank transfer. The consumer must provide a correct IBAN number for this.

If the consumer does not report their withdrawal within the terms mentioned above or does not return the product in time, the right of withdrawal lapses and the purchase is final.

The right of withdrawal as described in this article applies exclusively to consumers.

For business customers (B2B), the right of withdrawal is completely excluded.

Article 7 – Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are at the consumer's expense.

Article 8 – Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in good time before concluding the contract.

Exclusion of the right of withdrawal is only possible for products:

made to the consumer's specifications (custom-made);
that are clearly personal in nature;
that by their nature cannot be returned (e.g. opened packaging that poses medical risks);
that spoil quickly or have a short shelf life;
whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
for sealed audio, video recordings or computer software whose seal has been broken after delivery;
for individual newspapers, periodicals and magazines, except subscriptions;
for sealed products that for reasons of health protection or hygiene are not suitable to be returned and whose seal has been broken after delivery.

Exclusion of the right of withdrawal is only possible for services:

relating to accommodation, transport, restaurant activities or leisure, if the contract provides for a specific date or period of performance;
whose performance has begun with the consumer's express prior consent and where the consumer has declared that they waive their right of withdrawal;
relating to betting and lotteries.

Article 9 – The price

The prices of products listed on the SibaBiba website include VAT (where applicable) and exclude shipping costs, unless stated otherwise.
SibaBiba reserves the right to change prices at any time. The price visible at the time of the order is the applicable price for that purchase.
Obvious errors or mistakes in pricing do not bind SibaBiba. In the event of printing, typesetting or programming errors, SibaBiba is not obliged to deliver the product at the incorrect price.
Where applicable, SibaBiba clearly states when additional costs such as shipping, import or customs charges apply.

Article 10 – Conformity and Warranty

SibaBiba applies the manufacturer's warranty as provided by the manufacturer or supplier of the product. The scope and conditions of the warranty are equal to the warranty applied by the manufacturer or supplier.

SibaBiba assesses warranty claims and will, if necessary, forward them to the relevant manufacturer or supplier for further assessment. SibaBiba acts as an intermediary in this.

A warranty provided by the manufacturer or supplier does not affect the statutory rights the consumer has under the contract with SibaBiba.

Any defects or incorrectly delivered products must be reported to SibaBiba in writing within 14 days of delivery. The product must be returned in its original packaging and in new condition, unless the defect makes this impossible.

The warranty does not apply if:

the product has been repaired, modified or opened by the consumer or third parties without SibaBiba's permission;
the product has been exposed to incorrect or abnormal conditions, handled carelessly, or used contrary to the instructions;
damage has arisen from external causes, such as dropping, impact, water or heat damage;
the damage is the result of government regulations or legal changes regarding materials used.

SibaBiba is not responsible for the ultimate suitability of the products for each individual application by the consumer, nor for advice on the use or application of the products.

Article 11 – Delivery and performance

The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.

The place of delivery is the address the consumer has made known to the company.

With due observance of what is stated in Article 4 of these terms and conditions, the company will execute accepted orders with due speed but no later than within 30 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot be executed or can only be partially executed, the consumer will be informed of this no later than 30 days after placing the order.

Delays caused by carriers or circumstances beyond SibaBiba's control do not entitle the consumer to dissolution of the contract or any form of compensation. Delays do not entitle the consumer to compensation. Dissolution is only possible when the delay is excessive and SibaBiba has confirmed in writing that delivery is no longer possible.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than within 14 days of dissolution.

If an ordered product proves to be unavailable, SibaBiba will inform the consumer as soon as possible. In that case the consumer can choose to cancel the order, after which SibaBiba will refund the amount paid within 14 days.

The risk of loss or damage to products rests with SibaBiba until the moment the product is delivered to the delivery address specified by the consumer, or handed over to a person or pickup point designated by the consumer. From that moment the risk passes entirely to the consumer.

Article 12 – Liability

SibaBiba's liability is limited to what is regulated in these Terms and Conditions.

To the extent permitted by law, any form of direct or indirect damage, consequential damage, lost profit, loss of turnover, loss of income, loss of data, material damage, immaterial damage or any other form of damage is excluded.

SibaBiba is not liable for damage caused by:

incorrect, improper or deviant use of the product;
failure to follow instructions for use or warnings;
modifications or repairs by the consumer or third parties;
external causes such as fire, water, heat, power failures, incorrect installation or improper maintenance;
incorrect assembly, attachment or installation of products by the consumer.

If, despite the above, SibaBiba should nevertheless be liable, that liability is at all times limited to the amount of the order to which the liability relates.

Nothing in these terms limits or excludes statutory liability to the extent that exclusion is not permitted by law, including liability for damage caused by a defective product within the meaning of the EU Product Liability Directive.

The consumer remains responsible at all times for the safe, correct and careful use of products that carry potential risk (such as electronic products, lighting, batteries, heat-producing products or toys). SibaBiba cannot be held liable for damage resulting from incorrect, unsafe or careless use.

Article 13 – Payment

Payments for orders at SibaBiba must be made immediately when placing the order, using one of the payment methods offered on the website.

The consumer is responsible for providing correct payment and invoicing details.

SibaBiba reserves the right to cancel an order in the event of fraud, abuse or incorrect payment.

Article 14 – Complaints procedure

The consumer must submit complaints about the performance of the contract to SibaBiba as soon as possible, fully and clearly described, by email or via the contact form on the website.

Complaints are answered within 14 days of receipt. If a complaint requires a longer processing time, the consumer will receive an acknowledgement of receipt within 14 days and an indication of when a substantive response can be expected.

Submitting a complaint does not suspend the consumer's payment obligation or other obligations.

If a complaint is found to be justified, SibaBiba will, in consultation with the consumer, offer a suitable solution, such as repair, replacement or refund, depending on the nature of the product and the complaint.

Article 15 – Disputes

All contracts between SibaBiba and the consumer to which these terms and conditions apply are governed exclusively by Dutch law. This does not affect any mandatory consumer protection of the country in which the consumer resides.

Article 16 – Retention of title

All delivered products remain the property of SibaBiba until the consumer has paid all outstanding amounts in full. As long as ownership has not passed, the consumer may not pledge, resell or otherwise encumber the products.

Article 17 – Privacy policy

SibaBiba processes the consumer's personal data in accordance with the privacy policy available on the website. This policy describes which data is collected, for which purposes it is used and which rights the consumer has regarding their personal data.