General Terms and Conditions

Pricing

All prices listed by Luxury Babes are in euros, inclusive of VAT, and exclusive of any additional costs such as administration fees, levies, or travel, shipping, or transportation costs, unless explicitly stated otherwise or agreed upon.

Luxury Babes reserves the right to modify the prices of its products or services at any time, whether displayed on its website or communicated through other means.

Increases in the cost prices of products or their components, which Luxury Babes could not have foreseen at the time of making the offer or entering into the agreement, may result in price adjustments.

The consumer has the right to terminate the agreement in case of a price increase as described in clause 3, unless the price increase is due to a legal regulation.

Samples and Models

If the customer has received a sample or model of a product, no rights can be derived from it other than that it serves as an indication of the nature of the product, unless the parties have explicitly agreed that the delivered products will match the sample or model.

Consequences of Late Payment

If the customer does not pay within the agreed term, Luxury Babes is entitled to charge a statutory interest of 2% per month for non-commercial transactions, starting from the day the customer is in default, with part of a month being counted as a full month.

When the customer is in default, they are also liable to pay extrajudicial collection costs and any compensation for damages to Luxury Babes. The collection costs are calculated based on the Decree on Compensation for Extrajudicial Collection Costs.

If the customer fails to make timely payment, Luxury Babes may suspend its obligations until the customer fulfills their payment obligations.

In the event of liquidation, bankruptcy, seizure, or suspension of payment on the part of the customer, all claims of Luxury Babes against the customer become immediately due and payable.

If the customer refuses to cooperate with the execution of the agreement by Luxury Babes, they are still obliged to pay the agreed price to Luxury Babes.

Right of Reclamation

As soon as the customer is in default, Luxury Babes is entitled to invoke the right of reclamation for the unpaid products delivered to the customer.

Luxury Babes will invoke this right through a written or electronic notice.

Once the customer has been informed of the invoked right of reclamation, they must immediately return the products to Luxury Babes, unless otherwise agreed upon by both parties.

The costs for retrieving or returning the products shall be borne by the customer

Right of Withdrawal

A consumer can cancel an online purchase within a 30-day thinking period without providing a reason, provided that:

The product has not been used.
The product is not perishable, such as food or flowers.
The product has not been custom-made or personalized for the consumer.
The product cannot be returned for hygiene reasons (e.g., underwear, swimwear, etc.).
The seal is still intact if it concerns digital media (e.g., DVDs, CDs, etc.).
The product is not a travel booking, transportation ticket, catering service, or leisure activity.
The product is not a single magazine or newspaper.
The purchase does not involve an urgent repair request.
The consumer has not waived their right of withdrawal.
product is damaged.

The 30-day thinking period, as mentioned in clause 1, begins:

The day after the consumer receives the last product or part of a single order.
Once the consumer receives the first product in a subscription.
Once the consumer first uses a service.
Once the consumer confirms their purchase of digital content online.

Right of Suspension

Unless the customer is a consumer, they waive the right to suspend the fulfillment of any obligation arising from this agreement.

Right of Retention

Luxury Babes may invoke its right of retention and, in that case, retain the customer’s products until the customer has fully settled all outstanding payments to Luxury Babes, unless the customer has provided sufficient security for these costs.

The right of retention also applies to previous agreements where the customer still owes payments to Luxury Babes.

Luxury Babes is never liable for any damage the customer may suffer as a result of exercising its right of retention.

Setoff

Unless the customer is a consumer, they waive the right to offset a debt to Luxury Babes with a claim against Luxury Babes.

Retention of Ownership

Luxury Babes remains the owner of all delivered products until the customer has fully met all their payment obligations towards Luxury Babes, under any agreement made with Luxury Babes, including claims for non-performance.

Until ownership is transferred to the customer, the customer may not pledge, sell, dispose of, or otherwise encumber the products.

If L B invokes its retention of ownership, the agreement is considered terminated, and L B has the right to claim damages, lost profits, and interest.

Delivery

Delivery takes place while supplies last.
Delivery occurs at L B, unless otherwise agreed.
Online orders are delivered to the address specified by the customer.
If the agreed payments are not made or not made on time, L B has the right to suspend its obligations until the agreed amount is paid.
Late payment results in creditor default, meaning the customer cannot hold L B responsible for any delayed delivery.

Delivery Time

The delivery times provided by L B are indicative and do not entitle the customer to cancellation or compensation unless explicitly agreed otherwise in writing.
The delivery time starts once the customer has completed the (electronic) ordering process and received an (electronic) confirmation from L B.
Exceeding the specified delivery time does not entitle the customer to compensation or cancellation, unless L B fails to deliver within 30 days after being formally notified in writing or unless otherwise agreed.

Actual Delivery

The customer must ensure that the actual delivery of the ordered products can take place on time.

Transport Costs

Transport costs are borne by the customer unless otherwise agreed.

Packaging and Shipping

If the packaging of a delivered product is opened or damaged, the customer must have the carrier make a note of this before accepting the product. Otherwise, L B cannot be held liable for any damage.
If the customer arranges transport themselves, they must report any visible damage to the products or packaging to L B before shipping. Otherwise, L B cannot be held liable for any damage.

Storage

If the customer collects the ordered products later than the agreed delivery date, the risk of any quality loss is entirely borne by the customer.
Any additional costs resulting from early or late collection of products are entirely the customer's responsibility.

Warranty

The warranty on products applies only to defects caused by faulty manufacturing, construction, or materials.

The warranty does not cover:

Normal wear and tear.
Damage resulting from accidents, modifications to the product, negligence, or improper use by the customer.
Cases where the cause of the defect cannot be clearly determined.

The risk of loss, damage, or theft of products subject to an agreement transfers to the customer upon legal and/or actual delivery, or when they come into the possession of the customer or a third party receiving the product on their behalf.

Exchanges

Exchanges are only possible under the following conditions:

The exchange occurs within 30 days of purchase, with the original invoice provided.
The product is returned in its original packaging with all original (price) tags attached.
The product has not been used.
the product is damaged

Discounted items, perishable goods (e.g., food), custom-made products, or specially modified products cannot be exchanged.

Indemnification

The customer indemnifies L B against all third-party claims related to the products and/or services delivered by L B.

Complaints

The customer must inspect a delivered product or service as soon as possible for any defects.
If a product or service does not meet the reasonable expectations of the agreement, the customer must inform L B as soon as possible, but no later than one month after discovering the defect.
Consumers must notify L B within two months of identifying the defect.
The customer must provide a detailed description of the defect to allow L B to respond adequately.
The customer must prove that the complaint relates to an agreement with L B.

Notice of Default

The customer must submit notices of default to L B in writing.
The customer is responsible for ensuring that the notice reaches L B on time.

Joint Liability of Customers

If L B enters into an agreement with multiple customers, each is jointly and severally liable for the full amounts owed under that agreement.

Liability of L B

L B is only liable for damages caused by intent or gross negligence.
If L B is liable, it is only for direct damages related to the agreement.
L B is not liable for indirect damages, such as consequential damages, lost profits, missed savings, or third-party damage.
If L B is liable, liability is limited to the amount covered by its professional liability insurance. If no or incomplete insurance coverage applies, liability is limited to the relevant invoice amount.

Expiration Period

Any claim for compensation against L B expires 12 months after the event from which liability arises, except as provided in Article 6:89 of the Dutch Civil Code.

Right of Termination

The customer has the right to terminate the agreement if L B fails to fulfill its obligations, unless the failure is minor and does not justify termination.
If performance is temporarily or permanently impossible, termination can occur only after L B is in default.
L B has the right to terminate the agreement if the customer fails to meet their obligations or if there is reason to believe the customer will not comply.

Force Majeure

In addition to Article 6:75 of the Dutch Civil Code, force majeure includes unforeseen events beyond L B’ control, preventing it from fulfilling obligations.
Examples include: natural disasters, riots, supplier failures, transportation issues, government measures, and technical disruptions.
If force majeure lasts for 30 days, both parties may terminate the agreement in writing.
In case of force majeure, L B is not liable for damages, even if it benefits from the situation.

Amendments to General Terms

L B reserves the right to amend these terms.
Minor changes may be made at any time.
Major changes will be discussed with the customer where possible.
Consumers have the right to terminate the agreement if significant changes are made to the terms.