Terms of service
Article 1. Definitions
Cloby: Cloby B.V. Van Heemstralaan 26, 6814 KJ, Arnhem, The Netherlands
KVK number: 66402131 | VAT: NL856536246B01
Email: info@mycloby.com
Website: www.cloby.com
Buyer: A natural person aged 18 or older, not acting in the exercise of a profession or business, who enters into an Agreement with Cloby.
Order: An order placed by the Buyer via the Website (or by email if applicable) for one or more Products.
Product: Any item offered for sale by Cloby on the Website.
Purchase Price: The total price of the Product(s), including VAT and any applicable shipping costs.
Agreement: The contract between Cloby and the Buyer following Cloby’s acceptance of an Order.
Website: www.cloby.com
Article 2. Applicability
2.1 These Terms and Conditions apply to all offers, orders, agreements, and any related legal relationships between Cloby and the Buyer concerning the use of the Website and the purchase and delivery of Products.
2.2 By placing an Order, the Buyer accepts these Terms and Conditions.
Article 3. The Agreement
3.1 The Agreement is concluded when the Buyer places an Order and Cloby confirms it by email.
3.2 Cloby reserves the right to reject an Order for justified reasons, including but not limited to:
- Incorrect or incomplete Buyer information;
- Non-receipt of payment within the required timeframe;
- Non-receipt of payment within the required timeframe;
- Previous payment issues with the Buyer;
Obvious pricing or typographical errors on the Website.
3.3 Cloby will inform the Buyer as soon as possible if an Order cannot be accepted or fulfilled.
Article 4. Delivery
4.1 Delivery is made via a carrier designated by Cloby to the address provided by the Buyer.
4.2 Cloby aims to ship as soon as possible, and at the latest within 30 days after confirmation of the Order, unless otherwise agreed.
4.3 If delivery is delayed or a Product is unavailable, Cloby will notify the Buyer within 14 days. The Buyer then has the right to cancel the Agreement free of charge before shipment.
4.4 The risk of loss or damage transfers to the Buyer once the Product is delivered to the Buyer.
Article 5. Price and Payment
5.1 All prices include VAT and exclude shipping costs, which are shown separately during checkout.
5.2 Prices are subject to change, but the price shown at the time of ordering is binding for that Order, unless it is clearly incorrect or the result of an obvious error (for example, a typographical or technical mistake leading to an unrealistic price). In such cases, the Seller is not obliged to deliver the Product at the incorrect price and will inform the Buyer as soon as possible.
5.3 Payment must be completed using one of the payment methods available on the Website before shipment.
5.4 The Buyer must ensure that all payment information provided is accurate.
5.5 If the Buyer fails to pay on time, Cloby may charge statutory interest from the due date.
Article 6. Right of Withdrawal (Returns)
6.1 The Buyer has the right to withdraw from the Agreement within 14 days of receiving the Product, without giving any reason.
6.2 The Buyer must notify Cloby of the return using the method provided on the Website or via email.
6.3 Returned Products must be unused, undamaged, and (as far as possible) in their original packaging.
6.4 Cloby will refund the full Purchase Price (including standard shipping costs) within 14 days after receiving the returned Product or proof of return shipment.
6.5 The right of withdrawal does not apply to: Products that are custom-made or clearly personalized;
Products that are not suitable for return for health or hygiene reasons and where the seal has been broken.
Article 7. Force Majeure
7.1 Cloby is not liable for any failure or delay in performance due to circumstances beyond its reasonable control (“force majeure”), such as war, natural disasters, strikes, transport disruptions, fire, government restrictions, or supplier failures.
7.2 In the event of force majeure, Cloby may suspend its obligations or dissolve the Agreement without liability for damages.
Article 8. Complaints
8.1 Complaints can be submitted via the contact form on the Website or via email to service@mycloby.com.
8.2 The Buyer must check the Product upon delivery and report visible defects within a reasonable time.
8.3 Cloby will respond to complaints within 14 days. If a complaint requires more time, Cloby will inform the Buyer accordingly.
8.4 Minor deviations in color, size, or finish that are generally acceptable in trade are not considered defects.
Article 9. Intellectual Property
9.1 All trademarks, product names, logos, designs, and other intellectual property shown on the Website or Products are owned by Cloby or its licensors.
9.2 The Buyer may not reproduce, copy, or use these without Cloby’s prior written consent.
Article 10. Retention of Title
10.1 Products remain the property of Cloby until full payment has been received.
Article 11. Warranty and Liability
11.1 Cloby guarantees that the Products comply with the Agreement and meet reasonable expectations of quality and usability.
11.2 Cloby is not liable for indirect, consequential, or incidental damages.
11.3 Any direct damages are limited to the Purchase Price of the Product concerned.
11.4 Nothing in these Terms excludes liability for death or injury caused by negligence or intentional misconduct.
Article 12. Invalid Provisions
12.1 If any provision of these Terms is invalid or unenforceable, the remaining provisions remain in effect. The invalid clause will be replaced by a valid provision that reflects its intent as closely as possible.
Article 13. Amendments
13.1 Cloby may amend these Terms from time to time. The latest version will always be available on the Website.
13.2 The Terms in effect at the time of the Order apply to that purchase.
Article 14. Applicable Law and Disputes
14.1 These Terms and all Agreements are governed by Dutch law.
14.2 Disputes will be submitted to the competent court in Amsterdam, The Netherlands.
14.3 Consumers within the EU may also use the European Commission’s Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/
These terms and conditions were last updated on 1 November 2025
