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General Terms and Conditions

General Terms and Conditions ToolKid

 

Chapter 1 General provisions

 

 

  1. Definitions

 

In these general terms and conditions and the provisions based on them, the following definitions apply:

  1. reflection period: the period within which the customer can make use of his right of cancellation;
  2. customer: the buyer, a natural person who does not act in the exercise of profession or business;
  3. customer purchase: the purchase with regard to a movable property, including electricity, which is concluded by a vendor who acts in the exercise of a profession or business and a buyer, a natural person, who does not act in the exercise of a profession or company;
  4. day: calendar day
  5. duration transaction: a distance contract relating to a series of products and/or services, the supply and/or purchase obligation of which is spread over time;
  6. durable medium: any device that enables the customer or entrepreneur to store personal information addressed to him in a way that makes this information accessible for future use during a period adapted to the purpose for which the information is intended, and which allows an unchanged representation of the stored information;
  7. entrepreneur: the natural or legal person acting in the course of his trade, business, craft or profession, whether or not through another person acting on his behalf or for his account;
  8. unambiguous statement: a statement of a customer to the entrepreneur that is only open to one interpretation. The statement contains at least:
    • name of the customer;
    • (invoice) address;
    • postal code;
    • place of residence;
    • telephone number;
    • email address;
    • order number;
    • product covered by the declaration.
  9. distance contract: The agreement concluded between the entrepreneur and the customer within the framework of an organized distance selling or servicing system without simultaneous personal presence of the entrepreneur and customer and using only one or more means of distance communication, up to and including the moment of conclusion of the Agreement;

 

  1. The entrepreneur

                Company:                                                            ToolKid

Part of:                                                                 ToolKid Holding BV

Based in:                                                              Oud Blaricummerweg 38

1251 GZ Laren

The Netherlands

 

Chamber of Commerce registration:              56840551

Email address:                                                     info@toolkid.com

Telephone number:                                          +31 (0) 35 7130123

 

 

  1. The company
  • These general terms and conditions are applicable for every website related to ToolKid, including http://www.toolkid.com.
  1. Applicability
  • These general terms and conditions apply to any offer by the entrepreneur and to any supported agreement between the entrepreneur and the customer.
  • Before the distance contract is concluded, the text of these general terms and conditions shall be made available to the customer. If this is not reasonably possible before the distance contract is concluded, it will be communicated that the general terms and conditions are to be seen by the entrepreneur and are provided at the request of the customer, free of charge, as soon as possible.
  • If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the customer by electronic means in such a way that it can be easily stored by the customer on a durable data medium. If this is not reasonably possible before the distance contract is concluded, it will be indicated where the general conditions may be obtained by electronic means and, at the request of the customer, be sent free of charge by electronic means or otherwise.
  • The general terms and conditions may be consulted at any time on the entrepreneur’s websites.
  • In the event that specific product or service conditions are also applicable in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and the customer may, in the event of conflicting terms and conditions, rely on the applicable provision that is most favourable to him.

 

  1. Additional or deviating provisions

Additional provisions or deviations from these general terms and conditions may not be detrimental to the customer and must be recorded in writing or in such a way that they may be stored in an easy manner on a durable data medium by the customer.

 

Chapter 2 The agreement

 

  1. Price
  • During the period of validity indicated in the offer, the prices of the products and/or services offered are not increased, subject to price fluctuations due to changes in VAT rates or manifest errors.
  • Notwithstanding the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market on which the entrepreneur has no influence, with variable prices. This bonding to fluctuations and the fact that any prices quoted are indicative prices are communicated in the offer.
  • Price increases within 3 months of the conclusion of the contract are only permitted if they are the result of statutory regulations or provisions.
  • Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
    1. They are the result of statutory regulations or provisions; or
    2. The customer has the power to terminate the contract effective from the day on which the price increase comes into being.
  • The prices quoted in the offer of products or services include VAT.

 

  1. Offer
  • The offer contains a complete and accurate description of the goods and/or services provided. The description is sufficiently detailed to allow a good assessment of the offer by the customer.
  • If the entrepreneur uses images, these are a truthful representation of the goods and/or services offered.
  • Before the customer is bound by a distance contract or an offer to that end, the entrepreneur shall provide the customer with the following information in a clear and comprehensible manner, where applicable to that offer:
    1. the total price of the case, including all taxes;
    2. where appropriate, any additional freight, delivery or postal charges and any other costs or, if these costs cannot reasonably be calculated in advance, the fact that such costs may be payable;
    3. the way in which the agreement is established and what actions are necessary;
    4. whether or not the right of withdrawal is applicable;
    5. the method of payment, delivery, execution, the period within which the entrepreneur undertakes to supply the goods or to provide the services and, where applicable, the entrepreneur’s complaints policy;
    6. the time limit for acceptance of the offer or the period within which the entrepreneur guarantees the price;
    7. the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular base rate for the means of communication used;
    8. whether the agreement is archived after the creation and, if so, how it can be consulted by the customer;
    9. the way in which the customer, before concluding the contract, can check the information provided by him under the agreement and, if desired, restore it;
    10. any other languages in which, in addition to Dutch, the agreement may be concluded;
    11. the codes of conduct to which the entrepreneur is subject and the way in which the customer can consult these codes by electronic means;
    12. the minimum duration of the distance contract in the event of a transaction of extended duration; and
    13. if an offer has a limited period of validity or is subject to conditions, the external validity period or the express conditions under which the offer can be accepted.
  • Apparent errors in the offer, including apparent clerical errors, do not bind the entrepreneur. Expressly mentioned herein are errors in the offer advertised elsewhere than on the website of the entrepreneur, where the information on the site of the entrepreneur is considered guiding at all times. An apparent error is for instance when the offer is of such a low amount that the customer knew or reasonably should have known that it was an apparent clerical error in the offer.
  • In case that the user accepts the offer with an apparent clerical error or apparent error, the customer will be immediately informed about this apparent error by email. Furthermore, in this email the costumer will be given a certain period in which the customer is offered the opportunity to accept the correct offer.

 

  1. Agreement
  • The Agreement shall be concluded, subject to the provisions of paragraph 4, at the time of acceptance of the offer by the customer and the fulfilment of the conditions laid down.
  • If the customer has accepted the offer by electronic means, the entrepreneur shall immediately confirm receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the trader, the customer can rescind the agreement.
  • If the contract is made by electronic means, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transmission of data and ensure a safe web environment. If the customer can pay electronically, the entrepreneur will take appropriate safety measures to that end.
  • If, after the conclusion of the agreement, circumstances appear in which the entrepreneur has become acquainted with the situation and has good reasons to fear that the customer does not comply with the obligation of payment, the entrepreneur may fulfil its part of the agreement, dissolve the agreement or attach special conditions to the implementation of the agreement.
  • The entrepreneur shall forward to the customer the following information, in writing or in such a way that it can be stored by the customer in an accessible manner on a durable data medium, with:
    1. the visiting address of the establishment of the entrepreneur to which the customer can go with complaints;
    2. the conditions under which and the manner in which the customer can make use of the right of withdrawal or a clear notification of the exclusion of the right of withdrawal;
    3. the information on warranties and existing aftersales service;
    4. the information contained in article 7 paragraph 3 of these conditions, unless the entrepreneur has already supplied the information to the customer before the implementation of the contract;
    5. the requirements for termination of the contract if the contract has a duration of more than one year or is of indefinite duration.

 

  1. Intellectual property

 

  • The entrepreneur will at all times have the rights to all intellectual properties which arise as a result of the by the entrepreneur provided services, unless explicitly agreed on otherwise.
  • All rights to intellectual or industrial property, as well as similar rights to information protection, which relate to the by the entrepreneur provided and by the customer received products and/or services, will remain property of the entrepreneur. Nothing in the agreement concluded or to be concluded with the customer will lead to the transfer of such rights, unless explicitly agreed on otherwise.
  • The customer incurs only, unless parties explicitly agreed on otherwise, a non-exclusive and non-transferable right of use for the use of the products and results of the services of the agreed targets. The customer will comply with such use to the conditions, set out in the general terms and conditions or otherwise imposed to the customer.
  • The customer is not entitled to use the products and results of the services other than for the use of its related matters.
  • The customer is not entitled to multiply and/or disclose to third parties the products and results of the services or the information contained therein or otherwise known to him / her, unless the comp entrepreneur any explicitly authorizes this in writing.
  • The customer will not delete or alter indications of the entrepreneur or her suppliers regarding copyrights, trademarks, tradenames or other rights to intellectual property.
  • The entrepreneur guarantees that she is entitled to grant the right of use to the customer and indemnifies the customer against any claims by third parties in this respect. This provision does not apply if and insofar as the products and / or results of the services have been altered and / or if these have been delivered in conjunction with supplies of third party, unless the customer demonstrates in the latter case that the claims of third parties exclusively relate to the products delivered by the entrepreneur and/or results of the services.
  • In the event of violation of the provisions in the previous paragraphs, the customer will owe the entrepreneur a fine of € 4500,00 per violation, regardless of the other rights of the entrepreneur to fulfilment, dissolution, compensation and such.

 

Chapter 3 Implementation of the agreement

 

  1. Delivery

 

  • The entrepreneur observes the utmost care in the execution of orders and in assessing applications for the provision of services. If a product is delivered to the customer damaged, defective or incomplete or the wrong product has been delivered, this may be reported to the entrepreneur within 3 working days after delivery of the product via the standard form on the website or, in an, unambiguous manner, taking into account the provisions laid down in article 1.h of these conditions.
  • Taking into account what is stated in article 7 of these conditions, the entrepreneur carries out accepted orders with competent urgency but not later than 30 days after the order has been accepted, unless a longer delivery period has been agreed upon.
  • If the delivery is delayed, or if an order cannot be executed or only partially carried out, the customer will receive a notice at the latest 30 days after the order has been placed. In that case, the customer has the right to terminate the agreement free of charge and the right to compensation.
  • Products are delivered to the address provided by the customer to the entrepreneur. If the address does not appear to be correct and/or the product is returned, no further action will be taken by the entrepreneur.
  • Products which have not been claimed by customers within two months or of which the customer has not been taken possession within that period will be transferred to the possession of the entrepreneur.
  • If the customer has indicated that he wants to claim a returned product, any costs incurred for shipping will be charged to the customer.
  • The product shall be returned to the customer upon receipt of the shipping costs. The return is treated in the same way as the first shipment. The other provisions of this article shall apply mutatis mutandis to the return of the product.

 

  1. Payment

 

  • Payment is possible through the payment methods offered by the entrepreneur.
  • Unless otherwise agreed upon, the amounts payable by the customer must be paid within 14 days after the date of the reflection period referred to in article 17 paragraph 1 of these conditions. In the event of an agreement to provide a service, this period shall commence after the customer has received the confirmation of the agreement.
  • In the sale of products to customers, in general terms and conditions, a prepayment of more than 50% may never be stipulated. Where advance payment is stipulated, the customer shall not be entitled to assert any right in respect of the execution of the order or service(s) in question before the stipulated advance payment has been made.
  • The customer has a duty to notify the entrepreneur without delay of any inaccuracies in the payment information provided or stated.
  • In the event of default of the customer, the entrepreneur has, subject to legal restrictions, the right to charge the reasonable costs incurred in advance to the customer.

 

  1. Store credit

 

  • Store credit is valid until the time limit laid down in the offer of the shop credit.
  • If no time limit has been set in the offer of the shop credit, the shop credit is valid for 5 years.
  • The term of the shop credit begins on the day following the day on which the shop credit was sent.

 

Chapter 4 Compliance and warranty

 

  1. Compliance

 

  • The entrepreneur shall ensure that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability and the on the date of the conclusion of the agreement existing legal provisions and/or government regulations. If agreed, the entrepreneur will also ensure that the product is suitable for other than normal use.
  • In any event, a product does not comply with the agreement if, in light of the nature of the product and the communications made by the entrepreneur about the product, it does not possess the properties which the customer may have expected under the agreement.
  • The customer cannot rely on the fact that a case does not comply with the contract if it was known or could reasonably have been known at the time of the conclusion of the agreement, in particular with regard to the provisions of article 14 of these conditions.
  • A warranty provided by the entrepreneur, manufacturer or importer does not diminish the legal rights and claims that the customer can assert against the entrepreneur under the agreement.

 

 

  1. Special conformance provisions

 

  • In addition to new products, the entrepreneur also offers refurbished products for sale.
  • Items covered by the term refurbished products include:
    1. returns from a previous sale to a customer;
    2. items sourced from a large seller return;
    3. items used as show models; or
    4. items used for product photos.
  • Refurbished products are at all times tested, where necessary cleaned, assessed and re-packaged, possibly in a neutral packaging.
  • Because refurbished products have been packaged, they may exhibit some traces of use. Use marks are understood to mean light scratches, imperfections and small optical imperfections of the product. The display of use marks is not a reason to believe that a product does not comply with the requirements of conformity, as referred to in article 13 of these conditions.
  • If the offer is a refurbished product, the entrepreneur shall always mention it.
  • On a refurbished product, the provisions of the right of withdrawal shall apply mutatis mutandis, unless the entrepreneur has expressly deviated from those provisions in the offer.

 

  1. Warranty

 

  • The entrepreneur provides a two-year warranty, unless explicitly stated in the offer or the warranty period is unreasonable in view of the nature of the product.
  • In the case of refurbished products, the entrepreneur applies a warranty period of 12 months, unless explicitly agreed otherwise.
  • The warranty does not apply if the defect is due to:
    1. customer carelessness;
    2. improper use of the product;
    3. user damage;
    4. intentional damage; or
    5. neglected care of the product.
  • The right to warranty expires if the customer has carried out repairs to the product or has had these performed by a third party not engaged by the entrepreneur. Any repair costs incurred for the repair by an external third party that has not been engaged by the entrepreneur shall not be reimbursed unless explicitly agreed otherwise.
  • The entrepreneur assumes that a product was unsound when the customer bought the product, if the defect reveals itself within six months of the purchase, unless the nature of the product opposes it.
  • The customer must, within two months after the defect has been noticed, notify the entrepreneur unambiguously in writing, taking into account what is stipulated in article 1.h of these conditions. In any event, unambiguously written means filling out the model form on the website of the entrepreneur.
  • If the defect is not reported to the entrepreneur within two months of the disclosure, the right to warranty shall be forfeited.
  • The entrepreneur will try to repair the product at any time. If repair is not reasonably possible, the entrepreneur will offer a replacement product. The customer is only entitled to a refund of the purchase amount if repair is not reasonably possible and no replacement product can be supplied.
  • Repair is free of charge if the defect has revealed itself within six months of purchase. Depending on the circumstances of the case, repair costs may be charged if the defect has been revealed after six months. The customer is informed at all times of the cost of repair before the entrepreneur proceeds to carry out the repair.
  • If the repair is not covered by the warranty, but it is reasonably possible to repair it, the repair can be carried out. The customer is informed by email of the possibility and the cost of repair. The repair shall be carried out if the customer has given his consent.
  • The entrepreneur will strive for a repair time of four to eight weeks. If the entrepreneur is dependent on third-party services or parts delivery by engaged third parties, the entrepreneur strives for a repair time of up to three or four months.
  • No rescission can be made because of an unexpectedly long lead time of the repair, even if the repair time lasts longer than the target period.
  • In case a repair is carried out, the warranty period will be suspended for the period of time during which the product is being repaired

 

Chapter 5 Cancellation and disputes

 

  1. Right of withdrawal

 

  • The consumer may cancel the remote purchase without specification of reason, within a period of 14 days, after:
    1. with a service provision agreement: the day that the agreement is concluded
    2. with a consumer purchase:
      1. the day that the consumer or a third party appointed by the consumer, who is not the carrier, has received the product;
      2. the day that the consumer or a third party appointed by the consumer, who is not the carrier, has received the last product, if the consumer has ordered more products in the same order, which are delivered separately;
  • the day that the consumer or a third party appointed by the consumer, who is not the carrier, has received the last shipment or the last part if the delivery of a products includes different shipments or parts; or
  1. the day that the consumer or a third party appointed by the consumer, who is not the carrier, has received the first good for an agreement for the regular delivery of goods during a certain period.
  • The consumer exercises the right referred to in paragraph 1 by sending the completed cancellation form to the entrepreneur or by making another unambiguous statement to that affect within the period set in paragraph 1, with consideration of the provisions in article 1 section h of these terms and conditions. The cancellation form can be found on the website of the entrepreneur.
  • If the consumer cannot send the model form through the website and this is the fault of the entrepreneur, the period referred to in the previous paragraph will be extended by the time that has lapsed from the time, referred to in the previous paragraph, to the moment that all missing data has yet been provided to the consumer in the prescribed way, though with a maximum of 12 months.
  • If the consumer submits a statement to cancel electronically through the model form on the website of the entrepreneur, the entrepreneur will immediately confirm the receipt of this statement per e-mail. This e-mail also includes the data necessary for the correct shipment of the product that is the basis of the cancelled agreement.
  • If the consumer makes an unambiguous statement to the entrepreneur, without using the model form on the website, the entrepreneur will confirm the receipt of this statement per e-mail. This e-mail also includes the data necessary for the correct shipment of the product that is the basis of the cancelled agreement.
  • Not using the model form made available on the website by the entrepreneur is entirely at the expense and risk of the consumer. If the unambiguous statement has not been received by the entrepreneur, the consumer must proof that this has been sent.
  • The entrepreneur reserves the right not to process incomplete or incorrectly completed forms and statements.
  • Only returning the product is not considered as exercising the right to cancel. Article 10 of these terms and conditions applies accordingly on only returning the product by the consumer.
  • The consumer is responsible for the proper return of the product in appropriate packaging. Appropriate packaging means in any case the undamaged packaging in which the product was delivered to the consumer.
  • The consumer must proof that the right referred to in paragraph 1 was exercised correctly and on time.
  • The entrepreneur is not responsible for any damage to the product caused by a third party engaged by the consumer for returning the product. The consumer must proof that the product has been sent and insured correctly in case this goes missing or is damaged during the return shipment.
  • It is not possible to exchange a product. The consumer is free to cancel the agreement within the period set in paragraph 1, and to order a new product.

 

  1. Exclusion of the right of withdrawal

 

  • The consumer has no right to cancel with products:
    1. that have been made by the entrepreneur in accordance with the consumer’s specifications;
    2. that are clearly of a personal nature;
    3. that cannot be returned due to their nature;
    4. that decay or age quickly;
    5. which price is subject to fluctuations in the financial market that are beyond the control of the entrepreneur;
    6. being audio and/or video recordings and computer software of which the consumer has broken the seal or, in case of online courses, from the moment that the consumer has logged on.
    7. being individual newspapers and magazines; or
    8. being the delivery of digital content that has not been delivered on an tangible data carrier, insofar as compliance has started with the explicit prior consent of the consumer and the consumer has declared that he thereby renounces his right of withdrawal.
  • The consumer has no right of withdrawal with services:
    1. concerning accommodation, transport, restaurant business or leisure activities to be provided at a certain date or during a certain period;
    2. of which the delivery has started with the explicit prior consent of the consumer before the reflection period has expired; or
    3. concerning bets and lotteries.
  • The entrepreneur may exclude the right of withdrawal as referred to in the paragraphs 1 and 2, if the entrepreneur has clearly stated this in the offer, at least in time before the agreement is concluded.

 

  1. Costs in case of cancellation

 

  • In case of exercising the right of withdrawal, the costs for returning product are for the account of the consumer.
  • In case of cancellation, the entrepreneur reserves the right not to refund the full purchase amount, if the product has been damaged or used other than is necessary to determine whether the product meets the wishes of the consumer.
  • If the consumer has paid a purchase amount, this amount will be refunded within 14 days after receipt of the product by the entrepreneur, all this with consideration of the provisions in paragraph 2.
  • The consumer will be informed immediately, with specification of reasons, per e-mail of the fact that the full purchase price will not be refunded. The consumer may renounce the right to cancel if the full purchase price is not refunded, by means of an unambiguous statement to the entrepreneur, with consideration of the provisions in article 1 section h of these terms and conditions.
  • If the full purchase amount is not refunded, the entrepreneur will wait until 14 days after receipt of the product with the refund of part of the purchase amount. The consumer may renounce his right to cancel till the moment that part of the purchase amount has been refunded to his account.
  • If the consumer renounces the right to cancel, the shipment costs will be for the account of the consumer. After receipt of the shipment costs the product will be returned by the entrepreneur within 14 days.

 

  1. Complaints procedure and liabilty

 

  • Products supplied by the entrepreneur may contain sharp edges or cause injuries to children and other people in other ways. No liability for injury due to improper use of the products is accepted by the entrepreneur.
  • The entrepreneur has a well-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 detected the defects. Fully and clearly means in any case that the consumer uses the complaint form on the website of the entrepreneur. Complains may also be submitted to the entrepreneur by means of an ambiguous statement, with consideration of the provisions in article 1 under h of these terms and conditions.
  • Complains received by the entrepreneur will be answered within a period of 14 days calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within a period of 14 days with a notice of receipt and an indication when the consumer may expect a more detailed answer.
  • If the complaint cannot be resolved by mutual agreement, a dispute will arise that is susceptible to the dispute procedure.

 

  1. Adjustment of the General Terms and Conditions

 

  • Entrepreneur always has the right to adjust these general terms and conditions.
  • Adjustments will only be binding for the client, if the entrepreneur has informed the client of the adjustments of these general terms and conditions and fourteen days have lapsed after the date of this notification, without the client having informed the entrepreneur in writing that he does not agree with the adjustments.

 

  1. Disputes

 

  • Agreements between the entrepreneur and the consumer on which these general terms and conditions apply, are exclusively subject to Dutch law.
  • Entrepreneur is affiliate to the Webwinkel Keurmerk. For complaints regarding to the work of the entrepreneur you can at all times contact the complaints committee of the Webwinkel Keurmerk. For more information, visit https://www.keurmerk.info/nl/home/.
  • All disputes between parties arising from this agreement, unless parties have agreed otherwise, will be submitted by the most diligent party to the Dutch court authorised thereto in the place where the entrepreneur is established.
  • If, by judicial decision, one or more articles of these terms and conditions are declared invalid, the other provisions of these general terms and conditions will remain in full force and the entrepreneur and consumer will consult with each other in order to agree on new provisions to replace the invalid or void provisions, whereby the purpose and intent of the invalid or void provisions will be considered as much as possible.
  • In case of discrepancies or differences in interpretation between the English and Dutch version of this Agreement, the original Dutch version will prevail.