Terms and Conditions
General Terms and Conditions
Article 1 – Definitions
In these terms and conditions the following terms shall have the following meanings:
Reflection period: the period within which the consumer can make use of
exercise his right of withdrawal;
Consumer: the natural person who does not act in the
exercise of a profession or business and a distance contract
enters into with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract relating to
a series of products and/or services, the delivery and/or
the purchase obligation is spread over time;
Durable medium: any instrument which the consumer or
enables the entrepreneur to provide information that is personal to him
targeted, to be stored in a manner that facilitates future consultation and
unaltered reproduction of the stored information possible
makes.
Right of withdrawal: the possibility for the consumer to withdraw within
to waive the cooling-off period for the distance contract;
Entrepreneur: the natural or legal person who sells products and/or
offers remote services to consumers;
Distance contract: a contract whereby within the framework
of a system for sales organized by the entrepreneur
remotely from products and/or services, up to and including the conclusion of
the agreement only one or more of the following are used
more remote communication techniques;
Remote communication technology: means that can be
used for concluding an agreement, without
consumer and entrepreneur are in the same room at the same time
came together.
General Terms and Conditions: the present General Terms and Conditions
of the entrepreneur.
Article 2 – Identity of the entrepreneur
MyToy-s.com
Sprendlingenpark 17
5061 JT Oisterwijk
Email address: info@mytoy-s.com
Chamber of Commerce number: 83844260
VAT identification number: 863006796b01
Article 3 – Applicability
These general terms and conditions apply to every offer from
the entrepreneur and on every agreement concluded on
distance and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text
of these general terms and conditions available to the consumer
If this is not reasonably possible, before the
distance contract is concluded, it must be indicated that
the general terms and conditions can be viewed at the entrepreneur and they can be found on
the consumer's request will be processed free of charge as soon as possible
sent.
If the distance contract is concluded electronically,
notwithstanding the previous paragraph and before the agreement is concluded
distance is concluded, the text of these general terms and conditions
be made available to the consumer electronically
made in such a way that it can be used by the consumer in a
can be stored in a simple way on a durable
data carrier. If this is not reasonably possible, before
the distance contract is concluded, are indicated
where the general terms and conditions can be viewed electronically
are taken note of and that they are made available at the request of the consumer
will be provided free of charge electronically or otherwise
sent.
In the event that in addition to these general terms and conditions,
specific product or service conditions apply,
the second and third paragraphs apply accordingly and may
consumer in the event of conflicting general terms and conditions
always rely on the applicable provision that applies to him
is most favorable.
If one or more provisions in these general terms and conditions
become null and void or destroyed in whole or in part at any time
then the agreement and these terms and conditions will remain in force
remaining in force and the relevant provision will be agreed upon in mutual consultation
be replaced without delay by a provision that reflects the scope of
approximated the original as much as possible.
Situations not covered by these general terms and conditions,
must be assessed 'in the spirit' of this general
conditions.
Uncertainties about the explanation or content of one or more
provisions of our terms and conditions shall be interpreted 'according to
the spirit' of these terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is subject to
conditions, this will be explicitly stated in the offer
mentioned.
The offer is without obligation. The entrepreneur is entitled to make the offer
to change and adapt.
The offer contains a complete and accurate description of the
products and/or services offered. The description is sufficient
detailed to allow a good assessment of the offer by the
to enable the consumer. If the entrepreneur uses
of images these are a true representation of the
products and/or services offered. Obvious errors or
Obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative.
and cannot give rise to compensation or termination
of the agreement.
Images of products are a true representation
of the products offered. Entrepreneur cannot guarantee
that the colours shown correspond exactly to the real ones
colours of the products.
Each offer contains such information that the consumer
it is clear what the rights and obligations are that apply to the
acceptance of the offer are connected. This concerns in particular:
the price including taxes;
any shipping costs;
the manner in which the agreement will be concluded and which
actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and execution of the agreement;
the term for accepting the offer, or the term
within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the
costs of using the technology for communication on
distance is calculated on a basis other than the regular
basic rate for the means of communication used;
or whether the agreement is archived after it has been concluded, and so
yes, how this can be consulted by the consumer;
the manner in which the consumer, before concluding the
agreement, the agreement entered into by him within the framework of the agreement
can check the data provided and, if necessary, correct it;
any other languages in which, in addition to Dutch, the
agreement can be concluded;
the codes of conduct to which the entrepreneur has submitted
and the way in which the consumer follows these codes of conduct
can be consulted electronically; and
the minimum duration of the distance contract in the event of a
long-term transaction.
Optional: available sizes, colours, type of materials.
Article 5 – The agreement
The Agreement shall, subject to the provisions of paragraph 4,
concluded at the time of acceptance by the consumer of
the offer and compliance with the conditions set therein.
If the consumer has received the offer electronically
accepted, the entrepreneur immediately confirms electronically
the receipt of the acceptance of the offer. As long as the
receipt of this acceptance has not been confirmed by the entrepreneur
confirmed, the consumer can cancel the agreement.
If the agreement is concluded electronically, the
entrepreneur appropriate technical and organizational measures
to secure the electronic transfer of data and ensures
for a secure web environment. If the consumer electronically
can pay, the entrepreneur will make appropriate arrangements for this
take safety precautions.
The entrepreneur can – within legal frameworks – inform himself
determine whether the consumer can meet his payment obligations
meet, as well as all those facts and factors which are relevant to
a responsible conclusion of the distance contract. If
the entrepreneur has good grounds based on this investigation
he is entitled not to enter into the agreement, stating reasons
to refuse an order or request or to refuse its execution
to attach special conditions.
The entrepreneur will provide the consumer with the product or service
following information, in writing or in such a way that it can be used by
can be stored in an accessible manner for the consumer
on a durable data carrier, please include:
- the visiting address of the establishment of the entrepreneur where the
consumer can contact with complaints;
- the conditions under which and the manner in which the consumer
can exercise the right of withdrawal, or a clear
notification regarding the exclusion of the right of withdrawal;
- the information about guarantees and existing after-sales service;
- the data included in Article 4 paragraph 3 of these terms and conditions,
unless the entrepreneur has already provided this information to the consumer
provided prior to the execution of the agreement;
- the requirements for terminating the agreement if the
agreement has a duration of more than one year or
is of indefinite duration.
In the case of a long-term transaction, the provision in the previous paragraph only applies
applicable to the first delivery.
Each agreement is entered into subject to the suspensive
conditions of sufficient availability of the relevant
products.
Article 6 – Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.
To exercise the right of withdrawal, you must inform us My Toy-s, Sprendlingenpark 17, 5061JT Oisterwijk, Netherlands, info@mytoy-s.com , of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You must send back or hand over the goods to us without undue delay and in any event not later than 14 days from the day on which you communicate your decision to cancel this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. Hygiene products whose seal has been broken are excluded from the right of withdrawal.
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Withdrawal form (complete and return this form only if you wish to cancel the agreement) – To My Toy-s, Sprendlingenpark 17 , 5061JT Oisterwijk , Netherlands , info@mytoy-s.com – I/We (*) hereby inform you that I/we (*) terminate our agreement regarding the sale of the following – Ordered on (*)/Received on (*) – Name(s) of consumer(s) – Consumer(s) address – Signature of consumer(s) (only when this form is submitted on paper) – Date |
Instructions for cancellation
Consumers have a 14-day right of withdrawal.
Right of withdrawal for services
You have the right to cancel the contract within 14 days without giving any reason. The cancellation period expires 14 days after the day of the conclusion of the contract.
To exercise the right of withdrawal, you must contact us at My Toy-s , Sprendlingenpark 17 , 5061JT Oisterwijk , Netherlands , info@mytoy-s.com , of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you have requested that the performance of services begin during the withdrawal period, you will pay an amount which is in proportion to what has been provided up to the time you have informed us of your withdrawal from this contract, compared with the full coverage of the contract.
Instructions for cancellation
Consumers have a 14-day right of withdrawal.
Right of withdrawal for digital content
You have the right to cancel the contract within 14 days without giving any reason. The cancellation period expires 14 days after the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us My Toy-s , Sprendlingenpark 17 , 5061JT Oisterwijk , Netherlands , info@mytoy-s.com , of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to cancel this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
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Withdrawal form (complete and return this form only if you wish to cancel the agreement) - At My Toy-s , Sprendlingenpark 17 , 5061JT Oisterwijk , Netherlands , info@mytoy-s.com – I/We (*) hereby inform you that I/we (*) terminate our agreement regarding the sale of the following – Ordered on (*)/Received on (*) – Name(s) of consumer(s) – Consumer(s) address – Signature of consumer(s) (only when this form is submitted on paper) – Date |
Article 7 – Exclusion of the right of withdrawal
The entrepreneur can exercise the consumer's right of withdrawal
exclude for products as described in paragraphs 2 and 3. The
exclusion of the right of withdrawal only applies if the
the entrepreneur clearly states this in the offer, at least in good time before the conclusion
of the agreement, has stated.
Exclusion of the right of withdrawal is only possible for
products:
- which have been established by the entrepreneur in accordance with
consumer specifications;
- that are clearly personal in nature;
- which by their nature cannot be returned;
- that can spoil or become outdated quickly;
- whose price is subject to fluctuations in the financial
market over which the entrepreneur has no influence;
- for individual newspapers and magazines;
- for audio and video recordings and computer software of which the
consumer has broken the seal.
- for hygiene products for which the consumer
seal has been broken.
Exclusion of the right of withdrawal is only possible for
services:
- concerning accommodation, transport, restaurant business or leisure activities
to be performed on a specific date or during a specific time
period;
- the delivery of which is with the express consent of the
consumer has started before the cooling-off period has expired;
- concerning betting and lotteries.
Article 8 – The price
During the period of validity stated in the offer, the
prices of the products and/or services offered have not been 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 commitment to
fluctuations and the fact that any prices stated
indicative prices are stated with the offer.
Price increases within 3 months of the conclusion of the
agreements are only permitted if they are the result of
legal regulations or provisions.
Price increases from 3 months after the conclusion of the
agreements are only permitted if the entrepreneur has
has agreed and:
- these are the result of statutory regulations or provisions; or
- the consumer has the authority to cancel the agreement
say with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services are
including VAT.
All prices are subject to printing and typographical errors. For the
No liability is accepted for the consequences of printing and typographical errors
accepted. In case of printing and typographical errors, the entrepreneur is not obliged to
to deliver the product at the incorrect price.
Article 9 – Conformity and Warranty
The entrepreneur guarantees that the products and/or services
comply with the agreement, the conditions stated in the offer
specifications, the reasonable requirements of soundness and/or
usability and the date of the creation of the
agreement existing legal provisions and/or
government regulations. If agreed, the
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 legal rights and claims of the
consumer on the basis of the agreement against the
entrepreneur can assert.
Any defects or incorrectly delivered products must be reported within
To be notified in writing to the entrepreneur within 14 days after delivery
reported. Return of the products must be made 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 final suitability of the products
for each individual application by the consumer, nor for
any advice regarding the use or application of
the products.
The warranty does not apply if:
The consumer has repaired the delivered products himself and/or
edited or had repaired and/or edited by third parties;
The delivered products are subject to abnormal conditions
exposed or otherwise carelessly treated or in
conflict with the instructions of the entrepreneur and/or on the
packaging has been treated;
The defect is wholly or partly the result of
regulations that the government has imposed or will impose with regard to
of the nature or quality of the materials used.
Article 10 – Delivery and execution
The entrepreneur will exercise the utmost care
take when receiving and carrying out
orders for products.
The place of delivery is the address that the consumer provides.
company has made known.
Taking into account what is stated in Article 4 of this
general terms and conditions are stated, the company will accept
orders with due haste but no later than within 30 days
execute, unless the consumer has agreed to a longer
delivery time. If delivery is delayed, or
if an order cannot be fulfilled or can only be fulfilled partially
carried out, the consumer will receive this no later than 30 days after
he has placed the order. The consumer has in that
case the right to terminate the agreement without costs and
right to any compensation.
In the event of dissolution in accordance with the previous paragraph, the entrepreneur will
the amount paid by the consumer as soon as possible,
but no later than 14 days after cancellation, refund.
If delivery of an ordered product proves impossible,
the entrepreneur will make every effort to provide a replacement article
to be made available. At the latest upon delivery, this will be clearly and
be notified in an understandable manner that a replacement article is being
delivered. The right of withdrawal does not apply to replacement items.
are excluded. The costs of any return shipment are
at the expense 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 and made known to the entrepreneur
representative, unless expressly agreed otherwise.
Article 11 – Duration transactions: duration, termination and extension
Cancellation
The consumer can enter into an agreement for a fixed period
entered into and which aims at the regular delivery of products
(including electricity) or services, at any time against
terminate the fixed term at the end of the term, taking into account
agreed termination rules and a notice period
of a maximum of one month.
The consumer can use the information mentioned in the previous paragraphs
agreements:
cancel at any time and not be limited to cancellation on a
specific time or during a specific period;
at least cancel in the same manner as they were given by him
entered into;
always cancel with the same notice period as the entrepreneur
has stipulated for himself.
Extension
An agreement entered into for a fixed period of time and which extends
to the regular delivery of products (including electricity)
included) or services, may not be tacitly extended or
renewed for a specified period.
By way of exception to the previous paragraph, an agreement which
a specific period has been entered into and which extends to regular delivery
of daily newspapers, weekly newspapers and magazines are silently
extended for a fixed period of up to three months, if the
consumer this extended agreement at the end of the
extension can be cancelled with a notice period of no more than one
month.
An agreement entered into for a fixed period of time and which extends
for the regular delivery of products or services, only
be tacitly extended for an indefinite period if the
consumer may cancel at any time with a notice period of
at most one month and a notice period of at most three
months in case the agreement extends to the regular, but
less than once a month, delivery of daily, news and
weeklies and magazines.
An agreement with a limited duration until the regular
delivering introductions to daily, news and weekly newspapers and
magazines (trial or introductory subscription) are not
silently continued and ends automatically after the end of the
trial or introductory period.
Duration
If an agreement has a duration of more than one year, the
consumer may terminate the agreement at any time after one year
notice period of no more than one month, unless the
reasonableness and fairness oppose termination before the end of the
postpone the agreed duration.
Article 12 – Payment
Unless otherwise agreed, the
amounts owed to 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 event of an agreement to provide a
service, this period commences after the consumer has received confirmation
received from the agreement.
The consumer has the duty to report any inaccuracies in information provided or
to report the payment details mentioned to the entrepreneur without delay.
In the event of non-payment by the consumer, the entrepreneur has
subject to legal restrictions, the right to the prior
to charge the consumer reasonable costs made known
to take.
Article 13 – Complaints procedure
Complaints about the performance of the agreement must be submitted within 7
days are submitted fully and clearly described to the
entrepreneur, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be handled within a period of time
within 14 days from the date of receipt.
If a complaint requires a foreseeably longer processing time,
is received by the entrepreneur within 14 days
responded with a confirmation 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 resolution procedure.
A complaint does not suspend the obligations of the entrepreneur,
unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur,
the entrepreneur at her choice or the delivered products free of charge
replace or repair.
Article 14 – Disputes
On agreements between the entrepreneur and the consumer
to which these general terms and conditions apply,
exclusively Dutch law applies. Even if the
consumer is resident abroad.
