Fast shipping in the Netherlands and Belgium

General terms and conditions

Article 1 – Definitions

The following definitions apply in these general terms and conditions:

Cancellation period : the period within which the consumer can exercise his right of withdrawal;

customer : the natural person who is not acting in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;

Label : calendar day;

Permanent matters : a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which extends over a longer period;

Persistent disk : any means by which the consumer or trader can store information addressed personally to him in such a way that future retrieval and unchanged reproduction of the stored information is possible.

Right of withdrawal: the possibility for the consumer to cancel the distance contract within the withdrawal period;

Entrepreneur : the natural or legal person who offers products and/or services remotely to consumers;

Distance sales contract : a contract concluded between the entrepreneur and the consumer within the framework of a system organised by the entrepreneur for the distance sale of products and/or services, whereby up to and including the conclusion of the contract exclusive use is made of one or more techniques for distance communication;

Long-distance communication technology : Means that can be used to conclude an agreement without the consumer and the entrepreneur being in the same room at the same time.

General terms and conditions of business : these general terms and conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

EduToys

Schoolweg 78D18
1787AW, Julianadorp

info@educationaltoys.nl
+31 6 16675800

KVK: 80070132
VAT Number: NL003388486B14

 

Article 3 – Applicability

These general terms and conditions apply to every offer made by the entrepreneur, but also to every distance contract and all orders concluded between entrepreneur and consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonable, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur and will be sent free of charge to the consumer as soon as possible at the consumer's request.

If, in deviation from the previous paragraph and before the distance contract is concluded, the distance contract is concluded electronically, the text of these general terms and conditions can be made available to the consumer electronically in such a way that it can be easily stored by the entrepreneur. consumer on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent free of charge to the consumer electronically or otherwise at the consumer's request.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply accordingly and the consumer can always invoke the provision that is most favourable to him in the event of conflicting general terms and conditions.

If at any time one or more provisions of these General Terms and Conditions are or are declared null and void, in whole or in part, the Agreement and these General Terms and Conditions shall otherwise remain in force and the provision in question shall be immediately replaced by a provision that is as close as possible to the original in scope.

Situations not covered by these General Terms and Conditions must be assessed 'in the spirit' of these General Terms and Conditions.

Any ambiguities regarding the interpretation or content of one or more provisions of our General Terms and Conditions shall be interpreted 'in the spirit' of these General Terms and Conditions.

Article 4 – The offer

If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.

The offer is subject to change. The entrepreneur has the right to change and adjust the offer.

The offer contains 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.

All images, specifications and data in the offer are indicative and cannot give rise to any compensation or termination of the agreement.

Images of the products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colours exactly match the actual colours of the products.

Each offer contains such information that it is clear to the consumer what rights and obligations are associated with accepting the offer. This applies in particular to:

the price, excluding customs clearance costs and import tax. These additional costs are at the expense and risk of the customer. The postal and/or courier service will use the special arrangements for postal and courier services in connection with import. This procedure applies when the goods are imported into the EU country of destination, which is also the case here. The postal and/or courier service collects the VAT (with or without the collected customs clearance costs) from the recipient of the goods;

any shipping costs;

the manner in which the agreement will be concluded and the measures required for this purpose;

whether or not the right of withdrawal applies;

the method of payment, delivery and performance 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 long-distance communications if the costs of using the long-distance communications technology are calculated on a basis other than the regular basic rate for the means of communication used;

whether the agreement is archived after it has been concluded and, if so, how it can be viewed by the consumer;

the manner in which the consumer can check the data provided by him in the context of the agreement before entering into the agreement and, if necessary, correct it;

all other languages ​​in which the agreement can be concluded other than Dutch;

the codes of conduct to which the entrepreneur has adhered and the manner in which the consumer can consult these codes of conduct electronically; And

the minimum duration of the distance contract in the case of a continuous transaction.

Optional: available sizes, colours, material type.

Article 5 – The Agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the time the consumer accepts the offer and meets the conditions set out therein.

If the consumer has accepted the offer electronically, the entrepreneur will confirm receipt of acceptance of the offer electronically without delay. As long as receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur may – within legal frameworks – inquire whether the consumer can meet his payment obligations, as well as all facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the contract, he is entitled to refuse an order or request with reasons or to attach special conditions to the execution.

With the product or service, the entrepreneur shall send the following information 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 data carrier:

  1. the visiting address of the entrepreneur's establishment where the consumer can go with complaints;
  2. the conditions and manner in which the consumer can exercise his right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
  3. the information about guarantees and existing customer service;
  4. the information included in Article 4 paragraph 3 of these general terms and conditions, unless the entrepreneur has already provided this information to the consumer before concluding the agreement;
  5. the conditions for terminating the agreement if the agreement has a term of more than one year or is of indefinite duration.

In the case of a continuing transaction, the provisions of the previous paragraph only apply to the first delivery.

Each agreement is concluded under the condition precedent of sufficient availability of the products concerned.

Article 6 – Right of withdrawal

When purchasing products, the consumer has the option to dissolve the agreement without giving reasons for 14 days. This withdrawal period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

During the withdrawal period, the consumer will handle the product and 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 - to the extent reasonably possible - in its original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions of the entrepreneur.

If the consumer wishes to exercise his right of withdrawal, he is obliged to inform the entrepreneur of this within 14 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has indicated that he wishes to exercise his right of withdrawal, the customer must return the product within 5 days. The consumer must prove that the delivered goods were returned on time, e.g. B. via a proof of shipment. Please note that returns must be sent back to our supplier in China at your own expense.

If the customer has not indicated that he wishes to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3 or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 – Cancellation costs

If the consumer exercises his right of withdrawal, the costs of returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 5 days after receipt of the goods.

Article 8 – Exclusion of the right of withdrawal

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 entrepreneur has clearly stated this in the offer at least in good time before the conclusion of the agreement.

The exclusion of the right of withdrawal is only possible for products:

  1. created by the entrepreneur in accordance with the consumer's specifications;
  2. that are clearly personal in nature;
  3. which cannot be returned due to their nature;
  4. that can spoil or become outdated quickly;
  5. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
  6. for individual newspapers and magazines;
  7. for audio and video recordings and computer software where the consumer has broken the seal.
  8. for hygiene products where the consumer has broken the seal.

The exclusion of the right of withdrawal is only possible for services:

  1. relating to accommodation, transport, catering or leisure activities to be performed at a specific time or during a specific period;
  2. the supply of which has commenced with the express consent of the consumer before the withdrawal period has expired;
  3. about betting and lotteries.

Article 9 – The price

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 due to changes in VAT rates.

By way of exception to the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This subjection to fluctuations and the fact that the stated prices are target prices are stated in the offer.

Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has agreed to this and:

  1. these arise from statutory regulations or provisions; or
  2. The consumer has the right to terminate the agreement with effect from the day on which the price increase takes effect.

The place of delivery is in accordance with article 5, paragraph 1 of the Turnover Tax Act 1968 in the country where the transport begins. In this case, this delivery takes place outside the EU. The postal or courier service then collects the VAT or customs clearance costs from the customer. Therefore, no VAT is charged to the entrepreneur.

All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In the event of printing or typographical errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements for reliability and/or usability and the legal provisions and/or government regulations that apply at the time of concluding the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.

A guarantee provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer can assert against the entrepreneur under the agreement.

Defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days after delivery. The products must be returned in the original packaging and in new condition.

The entrepreneur's warranty period corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer or for any advice on the use or application of the products.

The warranty does not apply if:

The consumer has repaired and/or modified the delivered products himself and/or has had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or have otherwise been treated carelessly or contrary to the instructions of the entrepreneur and/or have been treated to the packaging;

The defectiveness is wholly or partly the result of regulations that the government has imposed or will impose with regard to the nature or quality of the materials used.

Article 11 – Delivery and execution

The entrepreneur will take the greatest possible care when accepting and executing orders for products.

The place of delivery is the address that the consumer has made known to the company.

Taking into account the provisions of article 4 of these general terms and conditions, the company will execute accepted orders with due speed but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order cannot be executed or can only be executed in part, the consumer will receive notification of this at the latest 30 days after placing the order. In that case, the consumer has the right to terminate the agreement free of charge and is entitled to compensation.

In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 5 days after receipt of the goods.

If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are for the account of the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a previously designated representative made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Fixed transactions: duration, termination and extension

completion

The consumer may at any time terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, taking into account the agreed termination rules and a notice period of no more than one month.

The consumer may terminate an agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services, at any time towards the end of the fixed term, taking into account the agreed termination rules and a notice period of no more than one month.

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

cancel at any time and not be limited to cancellation at a specific time or during a specific period;

at least cancel them in the same manner as they were entered into by him;

Always cancel with the same notice period that the entrepreneur has set for himself.

extension

An agreement entered into for a fixed period and aimed at the regular delivery of products (including electricity) or services cannot be tacitly extended or renewed for a fixed period.

By way of exception to the previous paragraph, an agreement entered into for a fixed period and aimed at the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer agrees to this. towards the end of the extension with a notice period of up to one month.

An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month and a notice period of no more than three months. longer than three months is possible if the agreement relates to the regular, but less than once a month, delivery of daily newspapers, news and weekly newspapers and magazines.

A fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period has expired.

Duration

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, amounts owed by the consumer must be paid within 7 working days from the start of the withdrawal period referred to in Article 6 paragraph 1. In the case of an agreement to provide a service, this period commences after the consumer has received confirmation of the agreement.

The consumer has the duty to report any inaccuracies in payment details provided or submitted to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 – Complaints procedure

Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur will be answered within a period of 30 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 30 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved amicably, a dispute arises that is subject to dispute resolution.

A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.

If the entrepreneur considers a complaint to be justified, the entrepreneur will replace or repair the delivered products free of charge at its own discretion.

Article 15 – Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer lives abroad.