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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 - Complaints procedure
Article 17 - Disputes
Article 18 - Additional or different provisions

 

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Supplementary agreement: an agreement in which the consumer acquires products, digital content, and/or services in connection with a distance contract and these products, digital content, and/or services are provided by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
  2. Reflection period: the period within 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 profession;
  4. Day: calendar day;
  5. Digital content: data produced and delivered in digital form;
  6. Ongoing contract: a contract that entails the regular delivery of goods, services, and/or digital content over a certain period;
  7. Durable data carrier: any tool, including email, 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 tailored 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 from a distance;
  10. Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling of products, digital content, and/or services, whereby up to and including the conclusion of the contract, exclusively or partly one or more techniques for distance communication are used;
  11. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I does not have to be provided if the consumer does not have a right of withdrawal regarding his order;
  12. Technique for distance communication: means that can be used to conclude a contract without the consumer and entrepreneur being together in the same place at the same time.

Article 2 - Identity of the entrepreneur

Handelsonderneming Pragma B.V., operating under the name(s) Toys and Garden
Kruisboog 32
3905TG Veenendaal
The Netherlands
Telephone number: + 31 (0) 318 - 237697 (Mon-Fri from 8:30 a.m. to 5:00 p.m.)
Email address: [email protected]
Chamber of Commerce number: 08080816
Dutch VAT identification number: NL810362557B01
UK VAT identification number: GB421420549

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 viewed at the entrepreneur's premises and that they will be sent to the consumer free of charge as soon as possible at the consumer's request.
  3. 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 can be made available to the consumer electronically in such a way that the consumer can easily store it on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be viewed 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 terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always rely on the applicable provision that is most favorable to him in the event of conflicting terms and conditions.
  5. If one or more provisions of these general terms and conditions are at any time wholly or partially null and void or destroyed, the agreement and these terms and conditions will otherwise remain in force and the provision in question will be replaced in mutual consultation without delay by a provision that approximates the intent of the original as much as possible.
  6. Situations not regulated in these general terms and conditions should be assessed 'in the spirit' of these general terms and conditions.
  7. Uncertainties 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 validity period or is made under 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 uses images, they are a truthful representation of the offered products, services, and/or digital content. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
  3. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer.

Article 5 - The agreement

  1. The agreement is concluded, subject to the provisions in paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set.
  2. If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.
  3. If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to that end.
  4. The entrepreneur can, within legal frameworks, inform himself 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 grounds based on this investigation not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
  5. The entrepreneur will provide the consumer with the following information at the latest upon delivery of the product, service, or digital content, in writing or in such a way that the consumer can store it in an accessible manner on a durable data carrier:
    a. the visiting address of the entrepreneur's establishment where the consumer can address complaints;
    b. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    c. the information on existing after-sales services and warranties;
    d. the price including all taxes of the product, service, or digital content; where applicable, the costs of delivery; and the method of payment, delivery, or execution of the distance contract;
    e. the requirements for terminating the agreement if the agreement 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 an extended transaction, the provision in the previous paragraph only applies to the first delivery.
  7. Each agreement is entered into under the suspensive condition of sufficient availability of the products in question.

Article 6 - Right of withdrawal

For products:

  1. The consumer can dissolve an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
  2. The reflection period referred to 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 about this prior to the ordering process, refuse an order for several products with different delivery times.
    b. if the delivery of a product consists of various 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 during 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 that is not supplied on a tangible medium:
  3. The consumer can dissolve a service contract and a contract for the delivery of digital content that is not supplied on a tangible medium within at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason(s).
  4. The reflection period referred to in paragraph 3 starts on the day following the conclusion of the agreement.

    Extended reflection period for products, services, and digital content not supplied on a tangible medium if not informed 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 end 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 starting 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 will handle the product and the packaging with care. He will 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 store.
  2. The consumer is only liable for the depreciation of the product that results from handling the product in a way that goes beyond what is allowed in paragraph 1.
  3. The consumer is not liable for the depreciation 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 agreement.

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

  1. If the consumer exercises his right of withdrawal, he must report this within the reflection period by means of the model withdrawal form or in another unequivocal manner to the entrepreneur.
  2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer will 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 returns the product with all supplied accessories, if reasonably possible in its 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 lie with the consumer.
  5. The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer has to bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of returning.
  6. If the consumer withdraws after having first expressly requested that the performance of the service or the delivery of gas, water, or electricity not ready for sale be made in a limited volume or quantity starts during the reflection period, the consumer owes the entrepreneur an amount that is proportional to that part of the obligation that has been fulfilled by the entrepreneur at the time of withdrawal, compared to full compliance with the obligation.
  7. The consumer does not bear any costs for the performance of services or the delivery of water, gas, or electricity that are not ready for sale in a limited volume or quantity, or for the delivery 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 in case of withdrawal, or the model withdrawal form, or;
    b. the consumer has not expressly requested the start of the performance of the service or delivery of gas, water, electricity, or district heating during the reflection period.
  8. The consumer does not bear any costs for the full or partial delivery of digital content not supplied on a tangible medium, if:
    a. he has not expressly agreed, prior to its delivery, to commence the performance of the agreement before the end of the reflection period;
    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 will be dissolved by operation of law.

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 will immediately send an acknowledgment of receipt after receiving this notification.
  2. The entrepreneur will 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 refund until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
  3. The entrepreneur will use the same payment method for the refund that the consumer has used unless the consumer agrees to a different method. The refund is free of charge for the consumer.
  4. If the consumer has chosen 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 can 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 time for the conclusion of the agreement:
  1. Products or services whose price is subject to fluctuations in the financial market that the entrepreneur has no influence over and that may occur within the withdrawal period;
  2. Agreements concluded during a public auction. A public auction is defined as a sales method whereby products, digital content, and/or services are offered by the entrepreneur to the consumer who is personally present or is given 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 prior express consent; and
    b. the consumer has acknowledged that he loses his right of withdrawal once the agreement has been fully performed by the entrepreneur;
  4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and agreements of passenger transport;
  5. Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of performance and other than for residential purposes, goods transportation, car rental services, and catering;
  6. Agreements related 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 of 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, by their nature, inseparably mixed with other products after delivery;
  11. Alcoholic beverages whose price was agreed upon at the conclusion of the agreement, but whose delivery 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, video recordings, and computer software, whose seal has been broken after delivery;
  13. Newspapers, magazines, or periodicals, except for subscriptions thereto;
  14. The delivery of digital content other than on a tangible medium, but only if:
    a. the performance has begun with the consumer's prior express consent; and
    b. the consumer has acknowledged that he thereby loses his right of withdrawal.
    1.  
Article 11 - The price

  1. During the validity period stated 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 can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, at variable prices. This dependence on fluctuations and the fact that any prices stated are target prices will be stated in the offer.
  3. Price increases within 3 months of the conclusion of the agreement are only permitted if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
    a. they are the result of statutory regulations or provisions; or
    b. the consumer has the authority to terminate the agreement with effect 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 typing errors. No liability is accepted for the consequences of printing and typing errors. In the case of printing and typing 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 agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
  2. Any guarantee provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.
  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months of delivery. The 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 modified the delivered products himself or had them repaired and/or modified 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 the packaging;
    the defectiveness is wholly or partially the result of regulations set or to be set by the government regarding the nature or quality of the materials used.
    1.  
Article 13 - Delivery and execution

  1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests 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 expeditiously but at the latest within 30 days, unless the consumer has agreed to a longer delivery period. If 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 dissolve the agreement without costs. The consumer is not entitled to compensation.
  4. All delivery periods are indicative. The consumer cannot derive any rights from any stated periods. Exceeding a period does not entitle the consumer to compensation.
  5. In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible but at the latest within 14 days after dissolution.
  6. If delivery of an ordered product proves impossible, the entrepreneur will make an effort to make a replacement article available. At the latest upon delivery, it will be stated clearly and comprehensibly that a replacement article is being delivered. In the case of replacement articles, the right of withdrawal cannot be excluded. The costs of a possible return shipment are borne by 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 and notified representative to the entrepreneur unless expressly agreed otherwise.
    1.  
Article 14 Duration transactions: duration, termination, and renewal

Termination:

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

    Renewal:

  4. An agreement that has been concluded for a definite period and that extends to the regular delivery of products (including electricity) or services may not be tacitly extended or renewed for a definite period.
  5. In deviation from the previous paragraph, an agreement that has been concluded for a definite period and that extends to the regular delivery of daily, news, and weekly newspapers and magazines may be tacitly extended for a definite period of a maximum of three months if the consumer can terminate this extended agreement against the end of the extension with a notice period of no more than one month.
  6. An agreement that has been concluded for a definite period and that extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate it at any time with a notice period of no more than one month. The notice period is no more than three months if the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
  7. A limited-duration agreement 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 duration.
    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 if there is no 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. When selling products to consumers, the consumer may never be obliged in general terms and conditions to make an advance payment of more than 50%. If advance payment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or services 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 fulfill his payment obligation(s) on time, he is, after being notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a period of 14 days to still fulfill his payment obligations, after the failure to pay within this 14-day period, owes statutory interest on the amount still due, 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 following €2,500, and 5% on the next €5,000, with a minimum of €40. The entrepreneur can deviate from the stated amounts and percentages for the benefit of the consumer.

     

Article 16 - Complaints 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 fully and clearly described within a reasonable time after the consumer has discovered the defects.
  3. Complaints submitted to the entrepreneur will 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 a message of receipt and an indication of when the consumer can expect a more detailed answer.
  4. The consumer must give the entrepreneur at least 4 weeks to resolve the complaint in mutual consultation. After this period, a dispute arises that is subject to the dispute resolution.

Article 17 - Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.
  2.  

Article 18 - Additional or different provisions

Additional provisions or provisions that deviate from these general terms and conditions may not be to the consumer's detriment 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 data carrier.

Annex I: Model withdrawal form

Model withdrawal form

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

To:
Toys and Garden
Kruisboog 32
3905TG Veenendaal
The Netherlands
+ 31 (0) 318 - 237697
[email protected]


I/We* hereby inform you that I/we* withdraw from our agreement regarding the

sale of the following products: [product description]*

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

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

withdraw/withdraws*


Ordered on*/received on* [date of order for services or date of 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 complete as necessary.