Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Delivery and shipping conditions
6. Retention of title
7. Liability for defects (warranty)
8. Liability
9. Special conditions for the processing of goods according to specific customer specifications
10. Redemption of gift vouchers
11. Applicable law
12. Alternative dispute resolution

1) Scope

1.1  These General Terms and Conditions (hereinafter "GTC") of Atreus Ventures B.V, trading under "meowbaby.be" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2  These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless otherwise agreed.

1.3  A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

1.4  An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2) Conclusion of contract

2.1  The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve to submit a binding offer by the Customer.

2.2  The customer can submit an offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the goods contained in the shopping cart by clicking the button that completes the ordering process.

2.3  The Seller may accept the Customer’s offer within five days,

• by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
• by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
• by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4  If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full . If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5  If the payment method "Klarna" is selected, payment processing will be carried out via the payment service provider Rue du Commerce 31,1000 Bruxelles (hereinafter: "Klarna"), subject to the Klarna Payments Europe User Agreement, which can be viewed at https://www.klarna.com/be/voorwaarden/. If the customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller hereby declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking the button that completes the ordering process.

2.6  When submitting an offer via the Seller's online order form, the contract text will be saved by the Seller after the contract has been concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. The Seller will not make the contract text available beyond this time. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login data.

2.7  Before submitting a binding order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the order process.

2.8  The Belgium language is available for the conclusion of the contract.

2.9  Order processing and contact generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1  Consumers generally have a right of withdrawal.

3.2  Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3  The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and payment terms

4.1  Unless otherwise stated in the Seller's product description, the prices quoted are total prices including statutory sales tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2  For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers through credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.

4.3  The payment option(s) will be communicated to the Customer in the Seller’s online shop.

4.4  If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5  If a payment method offered via the "Shopify Payments" payment service is selected, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-be .

4.6  If you select the payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and reject this payment method if the credit check is negative.

4.7  If you select a payment method offered through the "Klarna" payment service, payment processing will be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information and Klarna's terms and conditions can be found here:

https://www.klarna.com/be/voorwaarden/

5) Delivery and shipping conditions

5.1  If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified by the Seller during order processing shall be decisive for the processing of the transaction.

5.2  If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the shipping costs if the customer effectively exercises their right of withdrawal. If the customer effectively exercises their right of withdrawal, the provisions in the seller's cancellation policy apply to the return shipping costs.

5.3  If the customer is an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment. If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally only pass to the customer upon handover of the goods to the customer or a person authorized to receive them. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the item to the freight forwarder, carrier or other person or institution designated to carry out the shipment, provided that the customer has commissioned the freight forwarder, carrier or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4  The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery. This only applies if the non-delivery is not the Seller's responsibility and the Seller has entered into a specific hedging transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

5.5  Self-collection is not possible for logistical reasons.

5.6  Vouchers are provided to the customer as follows:

- by email

6) Retention of title

If the seller makes advance payments, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the statutory liability for defects applies. The following applies to contracts for the delivery of goods:

7.1  If the customer acts as an entrepreneur,

• the seller has the choice of the type of subsequent performance;
• For new goods, the limitation period for warranty claims is one year from delivery of the goods;
• For used goods, warranty rights are excluded;
• The limitation period does not begin again if a replacement delivery is made within the scope of liability for defects.

7.2  The limitations of liability and shortening of deadlines set out above shall not apply

• for claims for damages and reimbursement of expenses by the customer,
• in the event that the seller has fraudulently concealed the defect,
• for goods which have been used for a building in accordance with their usual purpose and which have caused its defectiveness,
• for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

7.3  Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claim remain unaffected.

7.4  Belgian Civil Code (Articles 1641–1649), which governs liability for hidden defects. Buyers must inspect goods upon delivery and notify the seller of defects within a "short period." or as specified in the policy. Failure to do so may forfeit their right to claim remedies.

7.5  If the customer is a consumer, they are requested to report any goods delivered with obvious transport damage to the delivery company and to notify the seller of this. Failure by the customer to do so will have no effect on their statutory or contractual claims for defects.

8) Liability

The seller is liable to the customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:

8.1  The Seller shall be liable without limitation for any legal reason

• in case of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• based on a guarantee promise, unless otherwise agreed,
• due to mandatory liability such as under the Product Liability Act.

8.2  If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.

8.3  Otherwise, the Seller’s liability is excluded.

8.4  The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

9) Special conditions for the processing of goods according to specific customer specifications

9.1  If, according to the content of the contract, the seller is obliged not only to deliver the goods but also to process the goods according to specific specifications of the customer, the customer must provide the seller with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the seller, and grant the seller the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the seller. They shall ensure, in particular, that no third-party rights are violated thereby, in particular copyrights, trademark rights, and personal rights.

9.2  The customer indemnifies the seller against any claims made by third parties in connection with a violation of their rights through the seller's contractual use of the customer's content. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the seller with all information necessary for the examination of the claims and for a defense.

9.3  The Seller reserves the right to refuse processing orders if the content provided by the Customer violates legal or regulatory prohibitions or is morally reprehensible. This applies in particular to content that is anti-constitutional, racist, xenophobic, discriminatory, abusive, harmful to minors, and/or glorifies violence.

10) Redemption of gift vouchers

10.1  Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.

10.2  Gift vouchers and any remaining balance on gift vouchers can be redeemed until the end of the third year following the year of purchase. Any remaining balance will be credited to the customer until the expiration date.

10.3  Gift vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible.

10.4  Only one gift voucher can be redeemed per order.

10.5  Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.

10.6  If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller can be used to settle the difference.

10.7  The balance of a gift voucher will not be paid out in cash or bear interest.

10.8  The gift voucher is transferable. The seller may discharge the respective holder's liability by making a payment to the respective holder who redeems the gift voucher in the seller's online shop. This shall not apply if the seller has knowledge or grossly negligent ignorance of the respective holder's ineligibility, legal incapacity, or lack of authority to represent the respective holder.

11) Applicable law

11.1  All legal relationships between the parties shall be governed by the laws of the Belgian Code of Economic Law (Wetboek van Economisch Recht / Code de droit économique), excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

11.2  Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

12) Alternative dispute resolution

The seller is not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.