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Terms and conditions

Table of Contents:

Article   1 - Definitions
Article   2 - Identity of the entrepreneur
Article   3 - Applicability
Article   4 - The offer
Article   5 - The agreement
Article   6 - Right of withdrawal
Article   7 - Obligations of the consumer during the reflection period
Article   8 - Exercise of the right of withdrawal by the consumer and costs thereof
Article   9 - Obligations of the entrepreneur in case of withdrawal
Article 10 - Exclusion of the right of withdrawal
Article 11 - The price
Article 12 - Conformity and warranty
Article 13 - Delivery and execution
Article 14 - Duration transactions: duration, termination, and renewal
Article 15 - Payment
Article 16 - Complaint procedure
Article 17 - Disputes
Article 18 - Additional or different provisions

 

Article 1 - Definitions

For the purposes of these conditions, the following terms shall have the following meanings:

  1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content, and/or services in connection with a distance contract and these goods, digital content, and/or services are supplied by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
  2. Reflection period: the period during which the consumer can exercise his right of withdrawal;
  3. Consumer: the natural person who does not act for purposes related to his trade, business, craft, or professional activity;
  4. Day: calendar day;
  5. Digital content: data produced and supplied in digital form;
  6. Duration contract: a contract that provides for the regular delivery of goods, services, and/or digital content for a specified period;
  7. Durable medium: any tool - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period that is suited to the purpose for which the information is intended, and that allows unchanged reproduction of the stored information;
  8. Right of withdrawal: the possibility for the consumer to renounce the distance contract within the reflection period;
  9. Entrepreneur: the natural or legal person who offers products, (access to) digital content, and/or services to consumers at a distance;
  10. Distance contract: a contract concluded between the entrepreneur and the consumer in the context of an organized system for distance selling of products, digital content, and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
  11. Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions; Annex I does not need to be made available if the consumer has no right of withdrawal in respect of his order;
  12. Technique for distance communication: means that can be used to conclude a contract, without the consumer and the entrepreneur being in the same place at the same time.

Article 2 - Identity of the entrepreneur

Handelsonderneming Pragma B.V., operating under the name/names Toys and Garden
Kruisboog 40
3905TG Veenendaal
Netherlands
Phone number: +31 (0) 318 - 237697 (Mon to Fri from 8:30 AM to 5:00 PM)
Email: [email protected]
Chamber of Commerce number: 08080816
VAT identification number: NL810362557B01

Article 3 - Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. 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 reasonably possible, the entrepreneur will indicate, before the distance contract is concluded, how the general terms and conditions can be inspected at the entrepreneur's premises and that they will be sent free of charge as soon as possible at the consumer's request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions can, by way of derogation from the previous paragraph and before the distance contract is concluded, be made available to the consumer electronically in such a way that the consumer can easily store it 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 electronically or otherwise free of charge at the consumer's request.
  4. In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply mutatis mutandis and the consumer may always invoke the applicable provision that is most favorable to him in the event of conflicting conditions.
  5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or annulled, the contract and these terms and conditions shall otherwise remain in force and the relevant provision shall be replaced without delay by a provision that approximates the purport of the original as closely as possible by mutual agreement.
  6. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
  7. Ambiguities about the interpretation or content of one or more provisions of our terms and conditions should be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

  1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
  2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur makes use of images, these are a true representation of the offered products, services, and/or digital content. Obvious mistakes or obvious errors in the offer are not binding on the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer.

Article 5 - The agreement

  1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and complies with the conditions set therein.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organizational measures to secure the electronic transfer of data and shall ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
  4. The entrepreneur may, within legal frameworks, ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur has good reasons not to enter into the contract based on this investigation, he is entitled to refuse an order or application or to attach special conditions to the execution.
  5. The entrepreneur shall, at the latest upon delivery of the product, service, or digital content to the consumer, send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:
    a. the visiting address of the entrepreneur's business where the consumer can lodge complaints;
    b. the conditions under which and the manner in which the consumer may exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    c. the information on warranties and existing after-sales services;
    d. the price including all taxes of the product, service, or digital content; where applicable, the cost of delivery; and the method of payment, delivery, or performance of the distance contract;
    e. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration;
    f. if the consumer has a right of withdrawal, the model withdrawal form.
  6. In the case of a duration transaction, the provision in the previous paragraph shall apply only to the first delivery.
  7. Every agreement is entered into under the suspensive conditions of sufficient availability of the products concerned.

Article 6 - Right of withdrawal

For products:

  1. The consumer may terminate an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but the consumer is not obliged to state his reason(s).
  2. The reflection period mentioned in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer in advance, who is not the carrier, has received the product, or:
    a. if the consumer has ordered several products in the same order: the day on which the consumer, or a third party designated by him, has received the last product. The entrepreneur may, provided he has clearly informed the consumer prior to the ordering process, refuse an order for multiple products with different delivery times.
    b. if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, has received the last shipment or the last part;
    c. in the case of agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, has received the first product.

    For services and digital content not delivered on a tangible medium:
  3. The consumer may terminate a service agreement and an agreement for the supply of digital content not delivered on a tangible medium within at least 14 days without giving any reason. The entrepreneur may ask the consumer for the reason for withdrawal, but the consumer is not obliged to state his reason(s).
  4. The reflection period mentioned in paragraph 3 starts on the day following the conclusion of the agreement.

    Extended reflection period for products, services, and digital content not delivered on a tangible medium in case of failure to inform about the right of withdrawal:
  5. If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period will expire twelve months after the end of the original reflection period determined in accordance with the previous paragraphs of this article.
  6. If the entrepreneur has provided the information referred to in the previous paragraph to the consumer within twelve months after the start date of the original reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

Article 7 - Obligations of the consumer during the reflection period

  1. During the reflection period, the consumer shall handle the product and its packaging with care. He shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as he would be allowed to do in a shop.
  2. The consumer shall only be liable for any diminution in the value of the product resulting from handling the product in a manner that goes beyond what is permitted in paragraph 1.
  3. The consumer shall not be liable for any diminution in the value of the product if the entrepreneur has not provided him with all legally required information about the right of withdrawal before or at the conclusion of the contract.

Article 8 - Exercise of the right of withdrawal by the consumer and costs thereof

  1. If the consumer exercises his right of withdrawal, he shall notify the entrepreneur within the reflection period by means of the model withdrawal form or in another unambiguous manner.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer shall return the product or hand it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to collect the product himself. The consumer has observed the return period if he returns the product before the reflection period has expired.
  3. The consumer shall return the product with all delivered accessories, if reasonably possible in original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
  4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
  5. The consumer shall bear the direct cost of returning the product. If the entrepreneur has not stated that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the cost of returning the product.
  6. If the consumer withdraws after having first explicitly requested that the provision of the service or the supply of gas, water, or electricity not made ready for sale in a limited volume or quantity begin during the reflection period, the consumer shall owe the entrepreneur an amount proportionate to that part of the commitment that has been fulfilled by the entrepreneur at the time of withdrawal, compared to the full performance of the commitment.
  7. The consumer shall not bear any costs for the performance of services or the supply of gas, water, or electricity that is not ready for sale in a limited volume or quantity, or for the supply of district heating, if:
    a. the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs upon withdrawal, or the model withdrawal form, or;
    b. the consumer has not explicitly requested the start of the performance of the service or supply of gas, water, electricity, or district heating during the reflection period.
  8. The consumer shall not bear any costs for the full or partial supply of digital content not delivered on a tangible medium if:
    a. he has not expressly consented to the start of the performance of the contract before the end of the reflection period prior to its delivery;
    b. he has not acknowledged losing his right of withdrawal when giving his consent; or
    c. the entrepreneur has failed to confirm this statement by the consumer.
  9. If the consumer exercises his right of withdrawal, all supplementary agreements shall be legally dissolved.

Article 9 - Obligations of the entrepreneur in case of withdrawal

  1. If the entrepreneur makes the notification of withdrawal by the consumer possible electronically, he shall send an acknowledgment of receipt without delay after receiving this notification.
  2. The entrepreneur shall reimburse all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to collect the product himself, he may wait to repay until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
  3. The entrepreneur shall use the same means of payment that the consumer used for reimbursement unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
  4. If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to reimburse the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this in the offer, or at least in good time before the conclusion of the contract:
  1. Products or services whose price is subject to fluctuations in the financial market that the entrepreneur has no influence over and which may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction means a method of sale whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and whereby the successful bidder is obliged to purchase the products, digital content, and/or services;
  3. Service agreements, after full performance of the service, but only if:
    a. the performance has begun with the consumer's express prior consent; and
    b. the consumer has declared that he loses his right of withdrawal once the entrepreneur has fully performed the contract;
  4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements on passenger transport;
  5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and otherwise than for residential purposes, the transport of goods, car rental services, and catering;
  6. Agreements relating to leisure activities, if the agreement provides for a specific date or period of performance thereof;
  7. Products manufactured according to the consumer's specifications, which are not prefabricated and are made based on an individual choice or decision by the consumer, or which are clearly intended for a specific person;
  8. Products that spoil quickly or have a limited shelf life;
  9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
  10. Products that are irrevocably mixed with other products after delivery by their nature;
  11. Alcoholic beverages, the price of which was agreed upon at the conclusion of the contract, but the delivery of which can only take place after 30 days, and whose actual value depends on market fluctuations that the entrepreneur has no influence over;
  12. Sealed audio or video recordings and computer software, the seal of which has been broken after delivery;
  13. Newspapers, periodicals, or magazines, with the exception of subscriptions to them;
  14. The supply of digital content other than on a tangible medium, but only if:
    a. the performance has begun with the consumer's express prior consent; and
    b. the consumer has declared that by giving his consent, he loses his right of withdrawal.
    1.  
Article 11 - The price

  1. During the period mentioned in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.
  2. In deviation from 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 dependence on fluctuations and the fact that any mentioned prices are target prices will be mentioned in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated this and:
    a. these are the result of statutory regulations or provisions; or
    b. the consumer has the right to terminate the contract from the day on which the price increase takes effect.
  5. The prices mentioned in the offer of products or services include VAT.
  6. All prices are subject to printing and typographical errors. No liability is accepted for the consequences of printing and typographical errors. In case of printing and typographical errors, the entrepreneur is not obliged to deliver the product according to the erroneous price.
    1.  
Article 12 - Conformity and warranty

  1. The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the existing statutory provisions and/or government regulations on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the contract.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. Products must be returned in their original packaging and in new condition.
  4. 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, nor for any advice regarding the use or application of the products.
  5. The warranty does not apply if:
    the consumer has repaired and/or altered the delivered products himself or has had them repaired and/or altered by third parties;
    the delivered products have been exposed to abnormal conditions or otherwise handled carelessly or contrary to the entrepreneur's instructions and/or on the packaging;
    the defectiveness is wholly or partially the result of regulations that the government has set or will set regarding the nature or quality of the applied materials.
    1.  
Article 13 - Delivery and execution

  1. The entrepreneur shall take the greatest possible care in receiving and executing orders for products and in assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the entrepreneur.
  3. With due observance of what is stated in paragraph 4 of this article, 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 partially executed, the consumer will be informed of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract free of charge. The consumer has no right to compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any mentioned periods. Exceeding a period does not entitle the consumer to compensation.
  5. In the event of termination in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after termination.
  6. If delivery of an ordered product proves impossible, the entrepreneur will make every effort to provide a replacement article. At the latest upon delivery, it will be clearly and comprehensibly stated that a replacement article is being delivered. For replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the entrepreneur.
  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated representative known to the entrepreneur, unless expressly agreed otherwise.
    1.  
Article 14 Duration transactions: duration, termination, and renewal

Termination:

  1. The consumer may terminate an agreement entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services at any time subject to agreed termination rules and a notice period of no more than one month.
  2. 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 at the end of the fixed period subject to agreed termination rules and a notice period of no more than one month.
  3. The consumer may terminate the agreements mentioned in the previous paragraphs:
    at any time and not be limited to termination at a specific time or in a given period;
    at least terminate in the same way as they were entered into by him;
    always terminate with the same notice period as the entrepreneur has stipulated for himself.

    Renewal:

  4. An agreement entered into for a definite period and which extends to the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
  5. By way of derogation from the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer can terminate this renewed agreement by the end of the renewal with a notice period of no more than one month.
  6. An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month. The notice period is no more than three months in case the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
  7. An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the trial or introductory period.

    Duration:
  8. 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 period.
    1.  
Article 15 - Payment

  1. Unless otherwise specified in the agreement or supplementary conditions, the amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or in the absence of a reflection period within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period starts on the day after the consumer has received the confirmation of the agreement.
  2. In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. When advance payment has been stipulated, the consumer cannot assert any right regarding the execution of the relevant order or service(s) before the stipulated advance payment has been made.
  3. The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
  4. If the consumer does not timely meet his payment obligation(s), he is, after being informed by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still meet his payment obligations, after the failure to pay within this 14-day period, owed the statutory interest on the amount still owed and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500; and 5% on the following €5,000, with a minimum of €40. The entrepreneur may deviate from these amounts and percentages in favor of the consumer.

     

Article 16 - Complaint procedure

  1. The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
  2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
  3. Complaints submitted to the entrepreneur shall be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication when the consumer can expect a more detailed answer.
  4. The consumer should give the entrepreneur at least 4 weeks to resolve the complaint by mutual agreement. After this period, a dispute arises that is subject to the dispute resolution.

Article 17 - Disputes

  1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.
  2.  

Article 18 - Additional or different provisions

Additional or different provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

Annex I: Model Withdrawal Form

Model Withdrawal Form

(only complete and return this form if you wish to withdraw from the contract)

To:
Toys and Garden
Kruisboog 40
3905TG Veenendaal
Netherlands
+ 31 (0) 318 - 237697
[email protected]


I/We* hereby inform you that I/we* withdraw from our contract concerning the

sale of the following products: [product description]*

delivery of the following digital content: [digital content description]*

provision of the following service: [service description]*,

withdraw/withdraws*


Ordered on*/received on* [date of order for services or receipt for products]

[Name of consumer(s)]

[Address of consumer(s)]

[Signature of consumer(s)] (only if this form is submitted on paper)

[Date]


* Delete as appropriate or fill in as applicable.