Terms of sales, Consumer Purchases
BABYZEN is part of the Stokke Group (Stokke AS and its subsidiaries)
1. The Agreement
This Agreement is entered into the Parties as defined in section 2 and consists of sales conditions, the Shipping Policy, information provided in the ordering solution.
The provisions set forth herein do not limit any applicable statutory rights.
2. The Parties
The Seller is Stokke AS, org. no 970 983 325 VAT
Address: Parkgata 6, Ålesund, 6003, Norge / Stokke AS, Marienstr. 2, 71063 Sindelfingen, Germany
Online contact: https://www.stokke.com/GBR/en-gb/contact-us
The Purchaser is the consumer, as defined by applicable consumer law, placing the order.
The Seller and the Purchaser are individually referred to as a “Party” and collectively referred to as the “Parties”.
The price is the given price in the ordering solution. If specified in the ordering solution when placing an order; customs and import duties may accrue in addition to the stated price
4. Conclusion of the Agreement
The Agreement is binding for both Parties once the customer has placed, and thus sent, his/her order.
However, a Party is not bound by the contract if there are orthographical or typological errors in the offer from the Seller in the ordering solution of the online shop or in the Purchaser’s order, and the other party realised or should have realised that such an error was present.
The Purchaser is required to pay when the order is placed.
We accept payment by VISA and MasterCard. Further, we use a third party checkout service provider that might offer you additional payment methods.
6. Shipping and Delivery
For shipping terms, please refer to our “Shipping Policy.”
Delivery has occurred once the Purchaser, or someone whom he/she has assigned to receive or transport the goods, has become aware that the good is at their disposal at the place of delivery.
If the Seller has an agreement with a courier for shipment of the goods to the Purchaser, delivery only occurs once the good is handed over to the Purchaser, not when it is handed over to the courier. However, if it is the consumer who has commissioned the courier to transport the goods, and not the seller who offered this transport alternative, the goods are considered delivered when handed over to the courier.
Delivery has occurred once the Purchaser or courier with whom the Purchaser has an agreement has taken control of the good. Delivery has occurred if the good has been placed in the Purchaser’s mailbox or if, upon agreement with the Purchaser, delivered to another place (workplace, garage etc.).
Delivery has not occurred when the good is delivered to the post office or a business. Delivery only occurs once the Purchaser has collected the goods.
The estimated time of delivery is provided in the Shipping Policy.
7. Product risk
In a sale in which the seller dispatches the good, the risk for the good is transferred to the Purchaser once the good has been delivered to him/her as per Section 6. If the consumer has asked a third party to receive or pick up the goods on his/her behalf, the risk is transferred once this party has taken possession of the goods.
If the good is lost or damaged before physical possession is taken, the Seller bears responsibility. If the good is lost or damaged after physical possession is taken, the Purchaser bears the risk. If the consumer chooses his/her own courier to perform the transport assignment, and this transport alternative was not offered by the Seller, the risk is transferred to the consumer once his/her own courier has taken possession of the good.
8. Right to cancel
The Purchaser has a right to return a product purchased from the Seller for any reason (cancellation right), even if it is not defective.
Stokke has decided to extend the mandatory cancellations period for our customers. The cancellation period expires 30 days after the date when the purchaser takes physical possession of the good. For goods that are ordered together and delivered in several shipments or for goods that consist of several parts, the "possession date" is when the Purchaser takes physical possession of the last good or part.
In order to exercise your right of withdrawal, you may fill out the withdrawal form that the Seller has sent the Purchaser by email or postal services.
The right of withdrawal does not apply to products made to the Purchaser’s specifications or clearly personalized goods and thus will not be refunded.
All products (both defective and non-defective) must be returned in their original purchase condition, manuals and any other items or accessories provided by the manufacturer. If the purchase included a gift, or a promotional or bonus item, to qualify for a refund, any such items must also be returned.
This does not affect your right to examine the good in order to decide whether to exercise your right of withdrawal. If the checking or testing goes beyond what is reasonable and necessary, however, the Purchaser may be responsible for any reduction in the good’s original value, such as for example cost for washing, repairing or the reduced value if the good can no longer be sold as new.
You may return the product to the Seller free of charge by printing out a return label as described here. The Seller does not cover the purchase of a new shipment packaging or other direct costs related to the returning beyond the shipping or transport costs.
If you choose another returning method than the one the Seller is offering, you must cover the direct costs associated with returning the goods unless otherwise agreed. Direct costs are shipping or transport costs, along with any other direct expenses such as the purchase of new shipment packaging. They do not include any administrative costs the seller incurs as a result of the goods being returned.
The Seller’s obligations when the right of withdrawal is exercised
The Seller shall return any payments received from the Purchaser. However, if the Purchaser has expressly chosen a type of delivery other than the standard delivery offered by the Seller, the Seller will not pay the additional costs that this entailed.
Repayment shall take place without unnecessary delay and at the latest 14 days from the date when the Seller received notice of the consumer's decision to exercise the right to cancel pursuant to section 20. Unless otherwise expressly agreed on with the Purchaser, repayment is to take place using the same means of payment as that used by the Purchaser. The consumer shall not pay any kind of charge as a result of the repayment.
The Seller may withhold repayment until the goods have been received or until the Purchaser has documented that the goods have been sent back. This does not apply if the Seller has offered to collect the goods.
9. Delays and non-delivery: The Purchaser’s rights and time limit to make a claim
If the item is not delivered or is delivered too late and this is not due to the consumer or circumstances relating to the consumer (delay), the consumer is entitled to withhold the purchase price, demand fulfilment of the purchase, demand the purchase be cancelled or claim compensation.
10. Defective goods: The Purchaser’s rights and time limit to give notice
If the Product is defective, the Purchaser must, within a reasonable period of time after he or she discovered or should have discovered the defect, notify the Seller that he or she intends to submit a formal complaint with respect thereto. Nonetheless, the deadline for submitting a complaint is never shorter than two months for EEA customers, from the point at which the Purchaser discovered the defect.
Any complaint must be submitted no later than two years after the consumer took possession of the item. If, when in normal use, the item or any part thereof is meant to last substantially longer, the deadline for submitting a complaint is five years. This does not apply if the Seller, by means of a guarantee or other agreement, has assumed liability for defects over a longer period.
Complaints may instead be submitted to the party who, as agreed with the Seller, has undertaken to rectify the defect.
If a defect exists that is not due to the consumer or circumstances related thereto, the consumer is entitled to withhold the purchase price, choose between rectification or redelivery, demand a reduction in the price or claim compensation.
Additional information as well as how to contact us for reclamation can be found on our Reclamation Portal on www.babyzen.com in your local language.
11. Seller’s rights in case of Purchaser’s breach of contract
If the Purchaser fails to pay or meet his or her obligations under the purchase agreement or pursuant to applicable law, and this is not due to the Seller or circumstances on the Seller's part, the Seller is entitled to; demand fulfilment, demand cancellation, claim compensation and interest and withhold delivery.
Depending on the circumstances, the Seller will also be able to claim an interest in the event of late payment, collection fee and a reasonable fee for uncollected goods.
12. Personal data
Stokke AS is subject to the EU GDPR. Stokke will process your personal data to the extent necessary for the fulfilment of your orders and your consumer rights.
13. Conflict resolution
If the Purchaser is an EU or EEA citizen, the Purchaser may use the European Online Dispute Resolution (ODR) platform, see https://ec.europa.eu/consumers/odr/main/?event=main.home2.show.
This Agreement shall be governed by and construed in accordance with the laws of Norway. Legal venue is Norwegian courts, and with Oslo district court as the court of the first instance, unless mandatory provisions decide otherwise. As a general rules for EEA consumers, the case can be brought before the consumer’s court of domicile.
Last revision: June 1st 2022