Terms and conditions

Terms and Conditions

Index: 

Article 1 - Definitions

 Article 2 - Identity of the entrepreneur 

Article 3 - Applicability 

Article 4 - The offer 

Article 5 - The agreement 

Article 6 - Right of withdrawal 

Article 7 - Costs in case of withdrawal 

Article 8 - Exclusion of the right of withdrawal 

Article 9 - The price 

Article 10 - Conformity and warranty 

Article 11 - Delivery and implementation 

Article 12 - Duration transactions: duration, cancellation and extension 

Article 13 - Payment 

Article 14 - Complaints 

Article 15 - Disputes 

Article 16 - Additional or different provisions

 

Article 1 - Definitions

The following definitions apply in these terms and conditions:  

  1. Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
  2. Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Duration transaction: a distance agreement with regard to a series of products and / or services, the delivery and / or purchase obligation of which is spread over time;
  5. Sustainable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: the possibility for the consumer to cancel the distance agreement within the cooling-off period;
  7. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill in when he wishes to exercise his right of withdrawal.
  8. Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
  9. Distance agreement: an agreement whereby in the context of a system organized by the entrepreneur for distance selling of products and / or services, until the conclusion of the agreement use is made exclusively of one or more techniques for distance communication;
  10. Technology for distance communication: means that can be used to conclude an agreement, without the consumer and trader being in the same place at the same time.
  11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.  

Article 2 - Identity of the entrepreneur

Nick Toetenel

Toy-stores
Schans 39
1261MJ Blaricum (No visit address)
0031 6 539 70 991
Email address: info@toy-stores.eu
KVK: 58699333
VAT identification number: NL083812258B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement and orders between entrepreneur and consumer.
  2. Before the distance agreement is concluded, the text of these general terms and conditions is made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge as soon as possible at the request of the consumer.
  3. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that the consumer can can be stored in a simple way on a durable data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be read electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and in the event of conflicting general terms and conditions the consumer can always invoke the applicable provision that is most favorable to him.
  5. If one or more provisions in these general terms and conditions are at any time wholly or partially invalid or become void, the remainder of the agreement and these terms and conditions will remain in force and the provision in question will be replaced without delay by a provision that as much as possible of the original.
  6. Situations that are not regulated in these terms and conditions should be assessed "in the spirit" of these terms and conditions.
  7. Uncertainties about the interpretation or content of one or more provisions of our terms and conditions must be explained "in the spirit" of these terms and conditions.

Article 4 - The offer

  1. If an offer has a limited duration or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and / or services offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
  4. All images, specifications, data in the offer are indicative and cannot give rise to compensation or termination of the agreement.
  5. Images for products are a true representation of the products offered. Entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to accepting the offer. This concerns in the special:
  • the price including taxes;
  • the possible costs of shipment;
  • the manner in which the agreement will be concluded and which actions are required for this;
  • whether or not the right of withdrawal is applicable;
  • the method of payment, delivery and implementation of the agreement;
  • the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
  • the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
  • whether the agreement is archived after its conclusion, and if so how the consumer can consult it;
  • the way in which the consumer, before concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
  • any other languages ​​in which, in addition to Dutch or English, the agreement can be concluded;
  • the codes of conduct to which the trader is subject and the way in which the consumer can consult these codes of conduct electronically;
  • and the minimum duration of the distance agreement in the event of an extended transaction.

Article 5 - The agreement

  1. The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meets the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the entrepreneur has not confirmed receipt of this acceptance, the consumer can terminate the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment.
  4. If the consumer can pay electronically, the entrepreneur will take appropriate security measures. The entrepreneur can - within the law - inform himself if the consumer can meet his payment obligations, as well as all those facts and factors that are important for a sound conclusion of the distance agreement. If on the basis of this investigation the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.
  5. The entrepreneur will send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
  6. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
  7. the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  8. the information about guarantees and existing service after purchase;
  9. the information included in article 4, paragraph 3 of these terms and conditions, unless the trader has already provided this information to the consumer prior to the execution of the agreement;
  10. the requirements for canceling the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  11. In the case of an extended transaction, the provision in the previous paragraph applies only to the first delivery.
  12. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

  1. When delivering products: When purchasing products, the consumer has the option to terminate the agreement without giving any reason within 14 days. This reflection period starts on the day following receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
  2. During the cooling-off period, the consumer will handle the product and the packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and - if reasonably possible - in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must make this known using the model form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods delivered were returned on time, for example by means of proof of shipment.
  4. If after expiry of the periods referred to in paragraphs 2 and 3 the customer has not indicated that he wishes to make use of his right of withdrawal or withdrawal. the product has not been returned to the entrepreneur, the purchase is a fact.

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, the cost of returning the goods shall be borne by him at the most.
  2. If the consumer has paid an amount, the trader will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been returned by the merchant or conclusive proof of complete return can be submitted. Repayment will be made via the same payment method used by the consumer unless the consumer expressly allows another payment method.
  3. In case of damage to the product by careless handling by the consumer himself, the consumer is liable for any depreciation of the product.
  4. The consumer cannot be held liable for depreciation of the product when the entrepreneur has not provided all legally required information about the right of withdrawal, this should be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the trader has clearly stated this in the offer, at least in good time before the conclusion of the contract.
  2. Exclusion of the right of withdrawal is only possible for products:
  3. which have been created by the entrepreneur in accordance with the consumer's specifications;
  4. which are clearly personal in nature;
  5. which by their nature can not be returned;
  6. which can deteriorate or age quickly;
  7. The price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  8. for single newspapers and magazines;
  9. for audio and video recordings and computer software of which the consumer has broken the seal.
  10. for hygienic products of which the consumer has broken the seal.
  11. Exclusion of the right of withdrawal is only possible for services:
  12. concerning accommodation, transport, restaurant business or leisure activities to be performed on a certain date or during a certain period;
  13. of which the delivery has started with the explicit consent of the consumer before the cooling-off period has expired;
  14. concerning bets and lotteries.

Article 9 - The price

  1. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
  2. Notwithstanding the previous paragraph, the trader may offer products or services whose prices are subject to fluctuations in the financial market and over which the trader has no influence, at variable prices. These fluctuations and the fact that any prices mentioned are target prices, will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
  5. these are the result of statutory regulations or provisions; or
  6. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
  7. The prices mentioned in the offer of products or services include VAT.
  8. All prices are subject to pressure and misprints. No liability is accepted for the consequences of printing and typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the wrong price.

Article 10 - Conformity and Warranty

  1. The trader guarantees that the products and/or services meet the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the legal provisions and/or government regulations existing on the date of the conclusion of the contract. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.
  3. Any defects or incorrectly delivered products must be reported to the trader in writing within 4 weeks after delivery. Return of the products must be in the original packaging and new condition.
  4. The warranty period of the entrepreneur corresponds to the factory warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
  5. The guarantee does not apply if:
  • The consumer has repaired and/or processed the delivered products himself or has had them repaired and/or processed by third parties;The
  • products delivered are exposed to abnormal conditions or otherwise treated carelessly or in conflict with the instructions of the entrepreneur and/or on the packaging;
  • The defect is wholly or partly the result of regulations that the government has or will have imposed with regard to the nature or quality of the materials used.
Article 11 - Delivery and execution
  1. The entrepreneur will take the greatest possible care in receiving and in the execution of orders of products and in assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. Subject to what is stated in paragraph 4 of this article, the company accepted orders expeditiously but no later than 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives this within 30 days after he placed the order message. In that case, the consumer has the right to terminate the contract without penalty. The consumer is not entitled to compensation.
  4. All delivery times are indicative. The consumer can not derive any rights from any of these terms. Exceeding a period gives the consumer no right to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the trader will make every effort to provide a replacement article. No later than the delivery will be clear and comprehensible manner reported that a replacement article is delivered. For replacement items, the right of withdrawal can not be excluded. The costs of any return shipment are borne by the entrepreneur.
  7. The risk of damage and/or loss of products rests with the trader until the moment of delivery to the consumer or a pre-designated and the trader announced representative, unless expressly agreed otherwise.

Article 12 - Duration transactions: duration, termination and extension

Termination

  1. The consumer may terminate a contract that has been concluded for an indefinite period and that extends to the regular delivery of products (including electricity) or services, at any time, subject to the agreed termination rules and a notice of up to one month.

  2. The consumer may terminate a fixed-term contract that has been concluded for the regular supply of products (including electricity) or services at any time at the end of the fixed-term, subject to the agreed termination rules and a notice of up to one month.

  3. The consumer may terminate the agreements referred to in the previous paragraphs:

  • may terminate at any time and not be limited to termination at a specific time or in a specific period;
  • at least terminate in the same way as they have been entered into by him;
  • always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension

  1. A fixed-term contract that has been entered into for the regular supply of products (including electricity) or services may not be tacitly extended or renewed for a fixed period.
  2. Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be tacitly renewed for a fixed term that does not exceed three months if the consumer has the right to terminate this extended contract at the end of the renewal, with a period of notice that does not exceed one month.
  3. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month, and a period that does not exceed three months in the case of a contract that involves the regular supply, but less than once a month, of daily or weekly newspapers or magazines.
  4. A contract of limited duration to the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) for introduction is not tacitly continued and ends automatically at the end of the trial or introductory period.

Duration

  1. If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice of up to one month, unless reasonableness and fairness dictate otherwise before the end of the agreed period.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
  2. The consumer has the duty to immediately report any inaccuracies in the payment details provided or stated to the trader.
  3. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the consumer reasonable costs made known in advance.

Article 14 - Complaints procedure

  1. The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the implementation of the agreement must be fully and clearly described within 7 days to be submitted to the entrepreneur, after the consumer has found the defects.
  3. Complaints submitted to the trader will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the trader will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved in mutual consultation, a dispute arises that is subject to the dispute resolution.
  5. In case of complaints, a consumer should first turn to the entrepreneur. If the shop is affiliated with Stichting WebwinkelKeur and complaints that can not be resolved by mutual agreement, the consumer should contact Stichting WebwinkelKeur (webwinkelkeur.nl), who will mediate free of charge. Check whether this shop has a current membership via https://www.webwinkelkeur.nl/leden/. If a solution has not yet been found, the consumer has the opportunity to have his complaint handled by the Stichting WebwinkelKeur appointed independent disputes committee, the decision is binding and both trader and consumer agree to this binding decision. The submission of a dispute to this committee is subject to costs that the consumer must pay to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be well-founded by the trader, the trader will, at its discretion, replace or repair the products supplied free of charge.

Article 15 - Disputes

Contracts between the trader and the consumer to which these general conditions apply are governed exclusively by Dutch law. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.

Article 16 - Additional or different provisions

Additional or different provisions of these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium.