Terms and conditions of use
We are delighted to offer you our range of baby equipment rental services on our website, www.binky.be. Our general terms of sale outline the terms and conditions governing the use of our website and the purchase of our services.
These sales conditions apply to any order or transaction made on the www.binky.be website (the Web Shop) concerning BINKY rental services. The website is owned and managed by SRL BOM, Belgium, company number 0801054902 (the "Seller", "we", or "our" depending on the context), who acts as a seller of its products.
By using our website and placing an order with us, you accept these general terms of sale and commit to abide by them. The Seller reserves the right to modify the sales conditions from time to time. Any changes to the sales conditions will only apply to orders placed after the date of modification.
We advise you to print a copy of these conditions or save them on your hard drive if you decide to place an order on www.binky.be.
1. Subscribe to a subscription on the website
To subscribe to a service on the www.binky.be website, you must meet the following conditions:
- You have provided your name and address, phone number, email address, payment information, and any other required data.
- You are at least 18 years old.
If you are paying by debit or credit card, you must be the owner or an authorized holder of a valid payment card.
- The ordering process on the www.binky.be website consists of the following steps:
- You select your subscription and choose the desired products.
- You enter your payment details and specify the delivery address.
- We send you an email confirming the receipt of your order as soon as payment has been authorized.
- We process the payment via direct debit from your payment card.
- We dispatch the Products.
- You receive the Products.
2. Order processing
Orders placed on the www.binky.be website do not bind the Seller. They only bind the Seller upon the Seller's acceptance of the order. We reserve the right to refuse any order.
After receiving your order, we will send you an email confirmation of receipt, indicating your order number and the details of the ordered Products. This order confirmation does not imply that the order has been accepted. Acceptance of your order and the conclusion of the sales contract only take place when the ordered Products have been dispatched to you. Even after the Products have been dispatched, we reserve the right to cancel the order as long as you have not received the Products.
We reserve the right not to accept the order or to cancel it, among other things, in the following circumstances:
At the time of placing an order, a technical error occurred on the www.binky.be website or an incorrect subscription price was indicated on the site.
- One of the ordered products is not available (in case of Product unavailability we will notify you by email).
- The billing or payment data are incorrect or unverifiable.
- Our security systems indicate that the order is abnormal or potentially fraudulent.
- We have reason to believe that the customer is under 18 years old.
- In case of cancellation or refusal of an order for the reasons mentioned above, we will refund any payment already made as well as delivery charges, if applicable.
3. Prices, delivery charges, and taxes
The prices displayed on www.binky.be include VAT. They are only valid for orders placed on the www.binky.be website.
Despite the fact that we have built the website with the utmost care, errors may appear in the prices stated on the www.binky.be website. Any incorrect price indication will be corrected as soon as possible and will not bind us.
When you place an order, the delivery, processing fees and any applicable taxes will be indicated separately.
4. Availability and delivery of products
The Seller does not guarantee that the Products advertised on the www.binky.be website are available. The Seller reserves the right to modify certain products, to remove them from the assortment, or to no longer make them available for rent, without prior notice.
We aim to deliver on time. However, circumstances may arise that prevent us from dispatching on time and meeting the scheduled dates. Therefore, any delivery date should be considered an approximate date that does not bind the Seller and not as an obligation to deliver the Products by the scheduled date.
You are obligated to check within a reasonable time whether the Products have been delivered in good condition and/or if the content of the subscribed service is complete. You should inform us at the time of delivery of any potentially damaged or missing products.
If you postpone the delivery or receipt of the Products for an unreasonably long time after we have informed you that we tried to deliver the Products, or if you have provided an incorrect delivery address, rendering delivery impossible, the Products will be returned to us. If after the first delivery attempt the Products cannot be delivered within 7 working days of this attempt and are returned to us, we will presume that you have exercised your right of withdrawal. In this case, and as soon as we have received the returned Products, we will refund the purchase price in accordance with our provisions applicable to the return of Products and the applicable laws in force.
5. Images of the products available on www.binky.be
The representation of the Product colors on this website depends, among other things, on the settings of the monitor and graphics card of the website visitor. Therefore, the colors displayed may differ from the actual colors of the products.
Payment for the first month of the subscription is made at the time of the Order. Payment is made exclusively with a debit or credit card (VISA, Mastercard/Eurocard, Carte Bleue/Bancontact or any other debit or credit cards approved by the Groupement des Cartes Bancaires). You must specify the card payment details when placing your order. Some issuing banking institutions may require an additional signature via a digipass or card reader. In the event that additional fees are charged, such as the fees stated in these General Terms and Conditions, Binky shall have the right to first demand payment of these fees before providing a new Product to the Member.
We will only deliver the Products after the authorization of the use of the payment card for direct debit for the ordered Products by the issuer of the debit or credit card.
7. Product returns
If you have subscribed to a subscription for your personal use as a consumer and wish to invoke your right of withdrawal, you must inform our customer service within 14 days of the day following delivery, by email at firstname.lastname@example.org or by postal mail at binky SRL, Rue eugène verheggen 28, 1190 Forest (Belgium) and make a return request.
You also have the right to return the Products you ordered in your subscription on the www.binky.be website in case of non-compliance. In this case, you must submit a request to our customer service shortly after delivery, this period cannot exceed 7 days. If this request is approved by our customer service, the necessary return instructions will be sent to you by email.
In any case, we will only approve return requests if the request concerns a complete product (for example, both parts forming a set of a stroller), if the product has not been used (other than normal use for testing the item) and if the product is returned in the original packaging with the test band.
It is your responsibility to ensure that the Products are safe and protected while they are in your possession. Treat the Products with care and return them in the condition in which they were delivered to you. Pack the Products carefully.
Replacement or refund can only take place after we have received all the Products to be returned.
If you return Products
- that you cannot return,
- which are not in their original condition,
- which are not well packed,
- for which you have not paid, or to which you have not given necessary care at the time of return of these products,
we reserve the right to refuse this return and to refuse the refund or to take into account the cost of necessary repairs, storage, or similar direct costs resulting from or relating to payments that must be refunded to you (without prejudice to applicable legal provisions).
8. Circumstances beyond our reasonable control
We will do everything necessary to meet our obligations. However, we cannot be held responsible for delay or non-performance of an obligation if the delay or non-performance was caused by circumstances beyond our control. In case of delay, we will fulfill our obligations as soon as possible.
These terms and conditions define all our obligations and all our responsibility related to the delivery of Products, in a complete and exhaustive manner. To the extent permitted by law, the Seller is not bound to any other warranties, conditions, or other provisions other than those included in these terms and conditions.
We cannot be held responsible in case of non-performance, illicit act or otherwise, for any economic loss (including, but not limited to, loss of income, loss of profit and/or turnover or anticipated savings), loss of data, loss of customers or damage to reputation, or any other indirect, unforeseeable, special or consequential damage, of whatever origin. Nothing in these conditions affects your legal rights and no provision in these conditions is intended to exclude liability in case of theft or intentional fault.
10. Personal data
All personal data that the Seller receives through the www.binky.be website is treated confidentially. The Seller commits to handling the received personal data in accordance with the Belgian law of December 8, 1992 on the Protection of Privacy. At any time, you can access all the data that concerns you or you can have them corrected by sending a letter to the Seller for this purpose. The data that you will have provided us will be used for the management of our relationship with you as a customer, for direct marketing purposes, and for the creation of a global image of our clientele. At any time and free of charge, you can oppose the use of your personal data for direct marketing purposes by sending a letter to the Seller for this purpose.
If any provision (or part of a provision) of these Terms of Sale should be found to be unlawful or unenforceable, this provision (or its part) can be separated from the rest of the Terms of Sale and the other provisions will remain in effect.
12. Contact Information
If you have any questions about subscribing to a subscription on the www.binky.be website, you can contact our customer service by email at email@example.com from Monday to Friday from 9 am to 5 pm, except on public holidays.
13. theft or loss
1. Security and Prevention
To prevent incidents such as loss, theft, and damage, it is recommended to always keep the Binky baby items (except electronic items) in a secure place when not in use. If possible, ensure that the baby items are stored in a way that keeps them safe and out of reach of potential damage. During use, handle the item with care to avoid any damage. In case of non-compliance with the precautions mentioned in Article 13.1 and in the event of an incident such as vandalism, loss, or theft, the Member is obligated to pay Negligence Fees to Binky (in addition to the Fees mentioned in Article 13.3) according to the applicable Subscription, as specified in Appendix I.
2. Procedures in Case of Loss or Theft
In case of loss or theft of a Binky baby item, the Member must:
• Report the loss or theft to Binky within 24 hours of discovery;
• Report the loss or theft to the police in the presence of a Binky employee upon Binky's request;
• Promptly provide all relevant information regarding the loss or theft upon Binky's request.
Only when all relevant requirements of Article 13.2 have been met, will the Member receive a replacement baby item from Binky.
3. Costs in Case of Loss or Theft
In case of loss or theft of a Binky baby item, the Member is obligated to pay replacement costs according to the applicable Subscription, as specified in Appendix I:
• For such loss or theft (or if certain parts of the baby item have been lost or stolen, Binky reserves the right to charge the Member the corresponding amount of Costs);
• If the Member does not report the loss or theft, or fails to do so in a timely manner.
4. Providing Incorrect Information
In the event of providing incorrect information or making false statements by the Member, the Member is responsible. Binky has the right to claim damages from the Member resulting from this incorrect information and to charge Misuse Fees according to Appendix I. These Misuse Fees will be charged in addition to the Fees mentioned in Article 13.3 and any Negligence Fees.
5. Compensation for Damages
Despite the costs and fees mentioned in Paragraph 13. THEFT OR LOSS, Binky reserves the right to claim compensation from the Member corresponding to the actual damages suffered by Binky due to the (partial) theft or loss of a baby item.
6. Refund in Case of Recovery
If the reported lost or stolen baby item is recovered, Binky may, at its discretion and depending on the technical and optical condition of the respective product, refund all paid Fees to the Member.
14. COSTS FOR DAMAGE
In case of damage to a product, the Member is obligated to pay replacement costs for this damage, in accordance with the applicable Subscription, as specified in Appendix I. If specific parts of the product are damaged, Binky reserves the right to charge the Member the corresponding costs.
- Compensation for Loss
Binky reserves the right to demand compensation from the Member for any loss resulting from the failure to inform Binky of damage or incidents, or for late notification thereof. This includes additional expenses incurred by Binky for repairing the damage, as well as third-party claims that could have been avoided if the notification had been made in a timely manner.
- Damage and Wear
In case of damage and wear to the Product that exceeds what can reasonably be expected from normal use (as determined by Binky), or if the Member is responsible for the accident, Binky reserves the right to demand compensation from the Member corresponding to the actual damage suffered by Binky.
- Damage Caused by Third Parties
In the event of damage caused by the fault of a third party, the Member must provide Binky with the contact details of this third party within 24 hours of becoming aware of the damage or accident, as well as a sketch of the situation agreed upon between the parties. Binky reserves the right to charge the Member all costs and damages resulting from non-compliance with this obligation.
- Liability in Case of Accident
In the event of an accident involving the Product, the Member must not assume liability towards a third party in any way (e.g., by acknowledging liability or making similar statements) without the prior consent of Binky. Otherwise, the Member will bear the consequences of this assumed liability and will indemnify Binky for any third-party claims related to this assumption of liability. The Member is not authorized to accept liability on behalf of Binky or Binky's insurer.
15. Applicable Law
Belgian law applies to these Terms of Sale. The courts of Brussels (Belgium) have exclusive jurisdiction.
APPENDIX I-SUMMARY OF COSTS
Unjustified Exchanges according to Binky's General Terms and Conditions.
Exchanges are considered unjustified when Binky must provide a service beyond the normal services provided by Binky to the Member, as defined in Binky's General Terms and Conditions. In the event that an exchange is deemed unjustified, Binky reserves the right to charge the Member for these exchange costs.
Examples in which these costs apply:
• Situations in which Binky must travel to a location other than the one designated by Binky (e.g., the Binky store) to retrieve the Product; and/or
• Situations in which the Member does not appear for an appointment with Binky.
Maximum Amount for Unjustified Exchange Costs: Applicable amount for all Binky products: € 20.00
Costs Determined for Membership Theft
If the Product is not returned to Binky within seven days after the end of the Membership, this will be considered theft by the Member. Binky reserves the right to charge the Member for the loss of the Product.
Maximum Amount for Compensation Costs for a Lost Product due to Membership Theft:
• SNUGGLY: € 350.00
• SMALL STEPS: € 450.00
• TINY TOTS: € 700.00
Costs for Loss of a Product
If the Member loses the Product provided by Binky, Binky reserves the right to charge the Member for the loss of the Product. The amount of these costs is determined by the extent to which the Member has taken care of the product as a responsible person to prevent theft.
Maximum Amount for Costs for Loss of a Product as listed below per subscription, per relevant Product:
• SNUGGLY: € 90.00
• SMALL STEPS: € 180.00
• TINY TOTS: € 300.00
Costs for Material Damage
If the Member damages the Product provided by Binky, Binky reserves the right to charge the Member for the material damage. Binky accepts normal wear and tear of the product without compromising its aesthetic and practical condition. The amount of these costs is determined by the extent to which the Member has taken care of the product as a responsible person to prevent damage.
Maximum Amount for Costs for Material Damage as listed below per subscription, per relevant Product:
• SNUGGLY: € 100.00
• SMALL STEPS: € 200.00
• TINY TOTS: € 300.00
Costs for Misuse, as intended in Article 14.4 of Binky's General Terms and Conditions. If it is found that the Member has provided incorrect information or made false statements, Binky reserves the right to charge the Member for these statements, up to a maximum amount as listed below:
Applicable amount for all Binky products: € 100.00
All amounts mentioned in this Appendix I are inclusive of all applicable taxes.