Article 1 - Definitions
For the purposes of these terms and conditions, the following definitions shall apply:
Cooling-off period: the period within which the consumer may exercise his right of withdrawal;
Consumer: a natural person who does not act in the exercise of his profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Continuous performance contract: a distance contract for a series of products and/or services, the delivery and/or performance obligation of which is spread over time;
Durable medium: any means that enables the consumer or the entrepreneur to store information addressed to him personally in a way that facilitates future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Entrepreneur: a natural or legal person who offers products and/or services to consumers remotely;
Distance contract: a contract concluded in the context of an organized system for distance selling of products and/or services, whereby exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur simultaneously being in the same space.
Article 2 - Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance agreement concluded between the entrepreneur and the consumer. Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated that the general terms and conditions can be viewed at the entrepreneur's and they will be sent to the consumer free of charge as soon as possible upon request. If the distance agreement is concluded electronically, the text of these general terms and conditions may be made available to the consumer by electronic means, deviating from the previous paragraph, before the distance agreement is concluded, in such a way that it can be easily saved by the consumer on a durable medium. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge by electronic means or otherwise upon request. In the event that in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favourable to him in the event of conflicting general terms and conditions.
Article 3 - The offer
If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer includes a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. 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.
Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the possible costs of delivery;
the way in which the agreement will be concluded and which actions are necessary for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the agreement will be archived after its conclusion, and if so, how it will be available to the consumer;
the way in which the consumer can check and, if desired, correct the data provided by him in the context of the agreement, before the conclusion of the agreement;
the possible other languages in which, besides Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in case of a continuous performance contract.
Article 4 - The agreement
The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the stipulated conditions. If the consumer has accepted the offer electronically, the entrepreneur immediately confirms receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer is able to pay electronically, the entrepreneur shall take appropriate security measures to that end. Within the framework of the law, the entrepreneur may investigate whether the consumer is able to meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds for not entering into the agreement, he shall be entitled to refuse an order or request on grounds given or to attach special conditions to its implementation. The entrepreneur shall send the following information to the consumer with the product or service, in writing or in such a way that the consumer can store it in an accessible manner on a durable medium:
the visiting address of the entrepreneur's establishment where the consumer can address complaints;
the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information on guarantees and existing service after purchase;
the data referred to in Article 4(3) of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the distance agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is of indefinite duration.
In the case of a continuing performance contract, the provision in the previous paragraph shall only apply to the first delivery.
Article 5 - Right of Withdrawal
When purchasing products, the consumer has the option to dissolve the agreement without giving any reasons within 7 days. This reflection period starts on the day after the consumer or a pre-designated representative, made known to the entrepreneur, has received the product. During the reflection period, the consumer will handle the product and packaging with care. He will not open the product in order to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied, unopened 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.
Article 6 - Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, he shall bear the cost of returning the goods at most. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 30 days after the return or withdrawal.
Article 7 - Exclusion of the right of withdrawal
The entrepreneur may exclude the consumer's right of withdrawal insofar as provided for in paragraphs 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly indicated this in the offer, at least in a timely manner before the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
that have been created by the entrepreneur in accordance with the consumer's specifications;
that are clearly personal in nature;
that cannot be returned due to their nature;
that can quickly deteriorate or age;
whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
for loose newspapers and magazines;
for audio and video recordings and computer software that the consumer has broken the seal of.
Exclusion of the right of withdrawal is only possible for services:
relating to accommodation, transport, catering or leisure activities to be carried out on a specific date or during a specific period;
whose delivery has begun with the express consent of the consumer before the cooling-off period has expired;
relating to betting and lotteries.
If the consumer exercises his right of withdrawal, he shall bear no more than the cost of returning the goods.
If the consumer has paid a sum, the entrepreneur will refund this amount as soon as possible, but no later than 30 days after the return or revocation.
Article 8 - Price
During the validity period mentioned in the offer, the prices of the offered products and/or services will not be increased, unless price changes result from changes in VAT rates. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are linked to fluctuations on the financial market and on which the entrepreneur has no influence, at variable prices. The fact that these prices are subject to fluctuations and that any prices mentioned are indicative prices, will be stated with the offer. Price increases within 3 months after the conclusion of the contract are only allowed if they result from legal regulations or provisions. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
a. these are the result of legal regulations or provisions; or
b. the consumer has the authority to terminate the agreement as of the date on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
Article 9 - Compliance and Warranty
The entrepreneur warrants that the products and/or services comply with the agreement, the specifications stated in the offer, meet the reasonable requirements of soundness and/or usability and comply with the legal provisions and/or government regulations existing on the date of conclusion of the agreement. If agreed, the entrepreneur also warrants that the product is suitable for use other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the agreement.
Article 10 - Delivery and performance
The entrepreneur shall exercise the greatest possible care when receiving and executing product orders and when assessing requests for the provision of services. The place of delivery shall be the address that the consumer has made known to the company. In accordance with the provisions of Article 4 of these general terms and conditions, the company shall execute accepted orders with due speed, but no later than within 30 days, unless a longer delivery period has been agreed upon. If the delivery is delayed, or if an order cannot be executed, or only partially, the consumer shall be notified of this no later than 30 days after he placed the order. In such cases, the consumer shall have the right to dissolve the agreement without any costs and to claim damages, if applicable. In the event of dissolution in accordance with the previous sentence, the entrepreneur shall refund the amount paid by the consumer as soon as possible, but no later than 30 days after dissolution. If it is impossible to deliver a product that has been ordered, the entrepreneur shall make an effort to provide a replacement article. It shall be clearly and comprehensibly stated at the latest at the time of delivery that a replacement article will be delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur. The risk of damage and/or loss of products shall be borne by the entrepreneur until the time of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.
Article 11 - Long-term transactions: duration, termination, and extension
The consumer can terminate an agreement that has been entered into for an indefinite period and which aims to deliver products (including electricity) or services on a regular basis, at any time subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate an agreement that has been entered into for a definite period and which aims to deliver products (including electricity) or services on a regular basis, at the end of the agreed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate the agreements referred to in the previous paragraphs:
at any time, and not be restricted to termination at a specific time or during a specific period;
terminate at least in the same way as they were entered into by him/her;
always terminate with the same notice period as the entrepreneur has stipulated for himself.
An agreement that has been entered into for a definite period and which aims to deliver products (including electricity) or services on a regular basis, may not be tacitly renewed or extended for a specified period.
Notwithstanding the previous paragraph, an agreement that has been entered into for a definite period and which aims to deliver daily, news, and weekly newspapers and magazines can be tacitly extended for a specified period of up to three months, provided that the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
An agreement that has been entered into for a definite period and which aims to deliver products or services on a regular basis may only be tacitly extended for an indefinite period if the consumer is always entitled to terminate it with a notice period of no more than one month and a notice period of no more than three months if the agreement aims to deliver, but less than once a month, daily, news, and weekly newspapers and magazines.
An agreement with a limited duration to deliver daily, news, and weekly newspapers and magazines (trial or introductory subscription) will not be tacitly renewed and will automatically expire at the end of the trial or introductory period.
If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year, subject to a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.
Article 12 - Payment
Unless otherwise agreed, the amounts owed by the consumer must be paid immediately via iDeal. In the case of an agreement for the provision of a service, this period commences after the consumer has received confirmation of the agreement.
The consumer is obliged to immediately report any inaccuracies in the payment information provided or stated to the entrepreneur.
In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously communicated to the consumer. The minimum purchase amount is € 4.00 (four euros).
Article 13 - Complaints procedure
The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted to the entrepreneur within a reasonable time, fully and clearly described, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication of when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.
Article 14 - Disputes
Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply.
Article 15 - Additional or Deviating Provisions
Additional or deviating provisions that are not to the detriment of the consumer must be recorded in writing or in such a way that the consumer can store them in an accessible manner on a durable data carrier.
Article 16 - Safety:
Safety always comes first when it comes to toys for children. We are proud to have completed tests with requirements for health, safety, and environment, such as EN71, ASTM F963, EU-CE. We use high-quality polyester fibers, soft plush, and highly elastic PP cotton, so that our dolls can remain warm, soft, non-toxic, and odor-free.
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.