In these Terms and Conditions, the following terms shall have the following meanings:
Toddlers and Tees: the natural or legal person providing products and/or services to consumers; Consumer: the natural person not acting in the exercise of his/her profession or business and entering into a distance contract with Toddlers and Tees; Distance Contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organised by Toddlers and Tees for distance sale of products; Technology for distance communication: means to be used for concluding an agreement, without the consumer and Toddlers and Tees being together in the same place at the same time.
Cooling-off period: the period during which the Consumer may exercise the right of withdrawal;
Right of withdrawal: the ability for consumers to withdraw from the distance contract within the cooling-off period;
Day: calendar day;
Long-term data carrier: any means that allow the Consumer or Toddlers and Tees to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.
ARTICLE 3 – Applicability 1. These General Terms and Conditions apply to any offer from Toddlers and Tees and to any distance contract concluded by Toddlers and Tees and the Consumer.
2. Before concluding a distance contract, Toddlers and Tees shall make the text of these General Terms and Conditions available to the Consumer. If this is reasonably not possible, Toddlers and Tees, before concluding the distance contract, shall notify that the General Terms and Conditions can be inspected at Toddlers and Tees´s and that, at the Consumer´s request, they will be sent to the Consumer free of charge as soon as possible.
3. If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Consumer´s request free of charge, either via electronic means or otherwise;
4. If in addition to these General Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General Terms and Conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
ARTICLE 4 – The offer 1. If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
2. The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the products and/or services adequately. If Toddlers and Tees makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for Toddlers and Tees.
3. All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer.
This involves in particular:
− the price, including taxes;
− any delivery costs, if applicable;
− the way in which the agreement will be concluded, and what actions are needed to establish this;
− whether or not the right of withdrawal is applicable;
− the form of payment, delivery or performance of the contract;
− the time frame for accepting the offer, or , as the case may be, the time frame for honouring the price;
− the rate of distance communication if the costs for using the technology for distance communication are calculated on a basis other than the basic rate;
− if the contract is filed after conclusion, how the Consumer can consult it;
− the manner in which the Consumer may acquaint him/herself with undesired actions before concluding the contract, and the way the Consumer may correct these actions before the contract is concluded;
− any languages other than Dutch in which the contract can be concluded;
− the codes of conduct to which Toddlers and Tees has submitted and the manner in which the Consumer can consult these codes of conduct via electronic means, and - the minimum duration of the distance contract in the event of a contract for continuous or periodical delivery of products or services.
ARTICLE 5 – The contract 1. Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
2. If the consumer accepted the offer via electronic means, Toddlers and Tees shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
3. If the contract is concluded electronically, Toddlers and Tees will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, Toddlers and Tees shall observe appropriate security measures.
4. Toddlers and Tees may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, Toddlers and Tees has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
5. Toddlers and Tees shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier: a. the visiting address of Toddlers and Tees´s business establishment where the Consumer may get into contact for any complaints; b. the conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal; c. the information corresponding to existing after-sales services and guarantees; d. the information as stated in article 4 paragraph 3 of these Terms and Conditions, unless Toddlers and Tees has already provided the Consumer with this information before the performance of the contract;
e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
6. If Toddlers and Tees has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies to the first delivery only.
ARTICLE 6 – Right of withdrawal 1. When purchasing products, the Consumer has the option to repudiate the contract without specifying any reasons for a period of at least 14 days. This period starts on the day the product is received by or on behalf of the Consumer.
2. During this period, the Consumer shall handle the product and the packaging with care. The Consumer shall only unpack or use the product to the extent necessary to judge whether he or she wishes to keep the product. If wishing to exercise the right of withdrawal, the Consumer shall return the product with all delivered accessories and, as far as reasonably possible, in the original condition and packaging to Toddlers and Tees in conformity with Toddlers and Tees´s reasonable and clear instructions.
Costs in case of withdrawal 1. Should the Consumer exercise the right of withdrawal, only the returning costs are at the Consumer´s expense.
2. If the Consumer has made a payment, Toddlers and Tees shall return this amount as soon as possible, but within not more than 30 days after the return or withdrawal.
Exclusion of the right of withdrawal 1. If the Consumer does not have the right of withdrawal, Toddlers and Tees can exclude this right only if Toddlers and Tees indicated this clearly in the offer or at least in good time before concluding the contract.
2. Exclusion of the right of withdrawal is only possible for products: a. that were realised according to the Consumer’s specifications; b. that are obviously personal in nature; c. that cannot be returned due to their nature; d. that spoil or age quickly; e. whose prices are subject to fluctuations in the financial market that are beyond Toddlers and Tees’s control; f. for single newspapers and magazines; g. for audio and video recordings and computer software of which the Consumer has broken the seal;
ARTICLE 7 - The price 1. The prices of the products provided shall not be raised during the validity period stated in the offer, subject to changes in price due to changes in VAT rates.
2. Contrary to the previous paragraph, Toddlers and Tees may offer products or services whose prices are subject to fluctuations in the financial market that are beyond Toddlers and Tees’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
3. Price increases within 3 months after concluding the contract are permitted only as a result of new legislation.
4. Price increases from 3 months after concluding the contract are permitted only if Toddlers and Tees has stipulated it and a. they are the result of legal regulations or stipulations, or b. the Consumer has the authority to cancel the contract before the day on which the price increase starts. 5. All prices indicated in the provision of products or services are including VAT.
ARTICLE 8 – Conformity and Guarantee 1. Toddlers and Tees guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded.
2. An arrangement offered as a guarantee by Toddlers and Tees, Manufacturer or Importer shall not affect the rights and claims the Consumer may exercise against Toddlers and Tees about a failure in the fulfilment of Toddlers and Tees’s obligations based on the law and/or the distance contract.
ARTICLE 9 – Delivery and execution 1. Toddlers and Tees shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.
2. The place of delivery is at the address given by the Consumer to the company.
3.With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
4. In the event of repudiation under the preceding paragraph, Toddlers and Tees shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
5. If delivering an ordered product turns out to be impossible, Toddlers and Tees shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded with replacement products. The costs of the return shipment are to be borne by Toddlers and Tees.
6. Unless explicitly agreed otherwise, the risk of loss of and/or damage to products shall remain with Toddlers and Tees until the time they are delivered to the Consumer.
ARTICLE 10 – Payment 1. Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled within 14 days after delivery of the goods, or in the event of an agreement to provide a service, within 14 days after the delivery of documents relating to this service.
2. When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. When an advance payment was agreed, the Consumer may not assert any right regarding the execution of that order or the provision of the service in question before the agreed advance payment has been made.
3. The Consumer has the duty to inform Toddlers and Tees promptly of possible inaccuracies in the payment details.
4. In case of nonpayment on the part of the Consumer, and subject to legal restrictions, Toddlers and Tees is entitled to charge any predetermined reasonable costs incurred to the Consumer.
ARTICLE 11 – Complaints procedure 1. Toddlers and Tees shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.
2. Complaints about the performance of the contract shall be submitted to Toddlers and Tees fully and clearly described within a reasonable time after the Consumer has discovered the defects.
3. The complaints submitted with Toddlers and Tees shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, Toddlers and Tees shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
4. A complaint about a product, a service or an after-sales service that Toddlers and Tees provided can also be submitted via a complaints form given at the website of Stichting Webshop Keurmerk www.keurmerk.info. The complaint will then be sent both to Toddlers and Tees in question and to Stichting Webshop Keurmerk.
5. If the complaint cannot be solved in joint consultation, there will be a dispute that is open to the dispute settlement rules.
ARTICLE 12 – Disputes The agreements between Toddlers and Tees and the consumer of these general terms and conditions, only Dutch law.
ARTICLE 13 - Additional or varying provisions Additional provisions of and/or deviations from these General Terms and Conditions may not be to the Consumer’s detriment and must be put in writing or be recorded in such a way that the Consumer can stored them in an accessible manner on a long-term data carrier.