|Dutch Kiddies LifestyleKropaar 61687 WB WognumNederlandE-mail: firstname.lastname@example.orgTel: 06-53583304Rabobank nr.: 1447.65.357 te Schagen
KVK-nr: 37144108BTW-nr: NL8198.44.470.B01
The general Terms and Conditions of Dutch Kiddies Lifestyle are applicable to all transactions. If you order products from this site, you will be kindly asked to read and accept these. These Terms and Conditions are also deposited at the Chamber of Commerce in Hoorn, the Netherlands. You can read them below.General Terms and Conditions Dutch Kiddies Lifestyle, now called: Seller
Article 1 Definitions
In these general Terms and Conditions the next terms will be used in the following significance, unless differently indicated
- Seller: Dutch Kiddies Lifestyle;
- Consumer: The other whom is a natural person and does not trade for a company or profession;
- Agreement: the agreement made between Seller and Consumer;
- Offer: any offer of goods and/or services, including the applicable Terms and Conditions, the company offers the Consumer in it's catalog, brochure or in any other way;
- Purchase by a Consumer: the agreement of buying and selling a movable product, that is agreed upon by a seller that deals in name of a profession or company, and a Consumer, a natural person, whom does not trade for a profession or company;
- Communication technique at a distance: a way of closing an agreement at a distance, without physical presence of both parties;
- Price: the price of the offered product or service, without any additional costs, as these will be seperatly mentioned and stipulated;
- Viewing Period: the term in which the Consumer can call upon his/her right to chance his/her mind;
- Length of a transaction: an agreement closed at a distance concerning a series of products and/or services, of which the delivery- and/or take off-obligation is spread in this time.
Article 2 General
- The Conditions mentioned are also applicable to agreements with the Seller, that involves a third party to execute the agreement.
- Any abnormalities to these general Conditions are only valid in case these are agreed upon by writing.
Article 3 Offer
- The offered goods and/or services will be clearly and truthfully displayed and/or discribed and as complete as reasonably demanded and of which the commercial aim is clear. In case there is quesion of a limited validity of the offer, this limitation will be clearly indicated.
- The offered products and/or services contain information that make the rights and duties that are connected to the offer, clear to the Consumer.
- In case the Seller gives the Consumer the possibility to pay at at later date or in terms, the conditions under which this takes place in the offer will be published in the Terms.
- The Seller can not be held to the offered goods and/ or services, if the Consumer should have understood reasonably and fairly that a mistake, or slip, has been made in the offer or a part of the offer.
- In case the acceptance of the offered products and/ or services differs to these Terms and Conditions, the Seller can not be committed to that. The agreement will not find place according to this deviant acceptance, unless the Seller says so.
- A compound price list does not commit the Seller to deliver a part of the, in the offer mentioned, products for this price.
- The offer does not automatically applies to reorders.
Article 4 Returns and Exchanges
- Products may be returned or exchanged within 7 business days from receipt of your order and after prior e-mail contact, starting from the day the Consumer, or a person on behalf of the Consumer, received the products (now called 'Viewing Period'), unless agreed upon differently, see point 3 of this article.
- During the Viewing Period the Consumer has a right to cancel the order, in which he/she has the possibility to , without any obligation on his/her behalf, other than having to pay for the shipping costs, return the products, or give knowledge of wanting to return the products.
- Limitations or exceptions of the Viewing Period - depending on the specific nature of the concerning goods or services - will be clearly mentioned in the order.
- The Consumer can only call upon the Viewing Period in the way described by the company at the moment the offer of delivery took place.
- During this period the Consumer will look after the product and the wrapping carefully. He/she will only open or use the product in a way that is necessary to decide if he/she wishes to keep the product. In case he/she would like to use his rights to the Viewing Period, he/she will return the product, including all included accessories (reasonably possible) in original wrapping to the Seller, conform the instructions given by the Seller.
- The shipping costs to return the goods will be paid by the buyer.
- In case the product has been paid for in advance, the company will refund the amount of the purchase within 30 days to the buyer, including the paid expenses to send the product.
Article 5 Finalising the agreement
- The agreement to purchase and sell is finalised on the moment the Consumer accepts the offer and meets the applicable conditions.
- In case the Consumer accepts the offer electronically, the company will immediately confirm electronically to have received the acceptance of the offer.
- In case the Consumer has paid an amount in advance and in case the agreement applicable to the payment in advance does not find place or conform article 2 will be cancelled, a refund will be made as quickly as possible within thirty days.
- The company will take technical and organisational measurements concerning safety of the electronically transfer of personal information and payments.
- The company can get information, within legal frameworks, about the person ordering or requesting products to see if they can meet obligations concerning payments, as well as facts and factors that are important for a responsible agreement at a distance. The company is entitled to decline an order or request or to add special conditions to a delivery.
- Way before the agreement takes place the company will provide the Consumer with the needed information from article 4, nr.2, 3 and 4.
- The company will also- at most whilst making an agreement- provide the Consumer with the next information:
- Written conditions about how the Consumer can use the period of vision
- The geographical address of the location of the company where the Consumer can file it's complains
- Information about the existing service after buys and commercial guarantees
Article 6 Delivery
- Deliveries of products and/or services will only take place after an expressed order, unless differently agreed between The Seller and Consumer.
- Unless differently agreed between the Seller and Consumer, delivery will take place at the delivery address given by the Consumer.
- In case of a mistake, the Consumer will notify the Seller. If possible, the Consumer will keep the goods and additions for the Seller. The Consumer will do or not do what is reasonable and fair.
- In case the Seller needs data of the Consumer to finalise the agreement, the delivery time will take place after the Consumer provided the Seller with this information.
- The Seller will deliver accepted orders diligently, at most within 30 days. In case the delivery is delayed, either by not having the item (temporarily) in stock, either for another reason, or in case an order can not or only partly be delivered, the Consumer will receive notification within a month after placing the order. In this case the Consumer has the right to cancel an order without any extra costs.
- In case delivery of an ordered product is impossible, the Seller will put reasonable and fair effort into providing a replacing article. Terms of vision are also applicable on this item. The costs of returning the article in case not wanted by the Consumer are for the Seller.
Article 7. Guarantee
- The Seller guarantees that the delivered products meet the demands and standards that are applicable to the products and the Seller guarantees that the products are free of any defects.
- The guarantee mentioned at nr. 1 is applicable for a period of six months after delivery.
- The receipt is proof of guarantee.
- In case the delivered products are not according the agreement, the Seller will, within reasonable time after receiving the item or, in case returning the product is not possible, replace or repair the product. In case of replacement the Consumer will have to return the delivered product to the Seller.
- This guarantee is not applicable when the defect has occurred because of wrong use or judgment by the Consumer, or chances made or tried to make to the product by the Consumer, without written permission of the Consumer.
- The in this general conditions determined rules concerning guarantee, will not affect the warranty claims by consumers under the law, everything in compliance with these general conditions and agreement, including the nature and status of what the Consumer is sold and delivered.
Article 8. Samples
- In case the Seller has shown or sold the Consumer a sample, the Seller aknowlegdes that the company agrees to that, unless providing or showing this sample was used to show something.
Article 9 Right of ownership
- The Seller stays the complete owner of a delivered product until the moment the asking price has been fully paid.
Article 10 Research, advertising
- The Seller advises the Consumer to check the delivered products as soon as possible after receiving them. In case any damage is found, the Consumer will have to report this to the Seller by writing within reasonable time.
- In case the Consumer wishes to return the damaged products, this can only be done after written approval by the Seller and in the way the Seller has prescribed.
Article 11 Transition of Risk
- The risk of lost or damage of products that are subject in the offer, is for the Consumer the moment they are delivered to the Consumer. They are now in the possession of the Consumer, or in the possession of a person on behalf of the Consumer.
Article 12 Increase in Price
- During the period the transaction is being made, prices of the offered products will not be increased, unless it is a result of change in Tax. In contrary to what is mentioned in the previous sentence, it is possible, that products are submitted to variable prices. In this case this will be mentioned at product information.
Article 13 Payment
- Unless differently agreed upon payment will be made in advance by PayPal or Credit Card.
- Objections against the amount of the invoice will not delay the commitment to pay.
- The Consumer has the duty to report incorrect data on the invoice to the Seller.
- In case the Consumer refuses to pay, the Seller has the right, subject to legal restrictions, to claim the expanses made in advance.
- In case of bankruptcy or suspension of payment the claims of the Seller and the duties of the Consumer towards the Seller are immediately payable.
Article 14 Suspension and Dissolution
- In case dissolution of the agreement takes place, the claims from the Seller to the Consumer are directly payable. In case the Seller delays the fulfillment of obligations, he retains his rights under the law and the agreement.
- Seller keeps the right to claim damages.
- The Seller has the power, if reasonable, to suspend the obligations or to dissolute an agreement, if:
- The Consumer does not or not fully perform the obligations linked to the agreement
- After closing the deal the Seller finds out that there is good reason to believe that the Consumer will not , or only partly perform the obligations. The suspension is only allowed in case it is justified.
- The Consumer was requested, whilst making the agreement, to provide security, but has neglected to do so, or has done this insufficienctly.
Article 15 Intellectual Ownership and Copyright
- The Seller reserves rights and powers under the Copyright Act, despite the provisions of the Terms and Conditions
- The Consumer is not allowed to make changes in these matters, unless the kind of product will force him/her or in case agreed upon differently by writing
- The designs, sketches, drawings, films, software and other materials or (electronic) files, stay in possession of the Seller despite the fact that these were given to the Consumer or a third party, unless differently agreed upon.
- All designs, sketches, drawings, films, software and other materials or (electronic) files given by the Seller to the Consume to use may not be multiplied, published or given to a third party, unless the given items can only do so or unless agreed upon in advance by writing.
- The Seller keeps the right to use the knowledge obtained by the implementation of activities, but is not allowed to reveal any confidential information to a third party
Article 16 Disputes
- In case the Consumer is not happy about the delivered products and/or service sent by the Seller, the Consumer will contact the Seller as quickly as possible. For complaints please contact the Seller by e-mail via email@example.com. The Seller will contact the Consumer within 30 days to respond to the complaint.
Article 17 Applicable Law
- To each agreement between the Seller and the Consumer only Dutch Law is applicable.
Article 18 Changes, Explanations and Location of the Terms and Conditions
- These Terms and Conditions will be published on the website of Dutch Kiddies Lifetstyle and are deposited at the Chamber of Commerce in Hoorn.
- In case of explanations and scope of these Terms and Conditions the Dutch text is always determinant.
- The last published version c.q. the version as it was when the agreement found place is always applicable.
Wognum, November 7, 2008