Terms of condition
General Terms and Conditions of PRIVATE TOYS:
This website is owned by PRIVATE TOYS.
Business address (visits only by appointment):
PRIVATE Toys EU
6604 LV Wijchen
Telephone Web Shop: +31 85 4011005
Email address: firstname.lastname@example.org
Availability: From Monday through Friday from 09:00 o’clock to 17:00 o’clock (GMT+1)
VAT identification number: NL8578.02.896.B.01
Chamber of Commerce: 69251665
The General Terms and Conditions as outlined below are applicable to each and every product offered on www.private-toys.eu and any and all deliveries. Each and every order implies the acceptance of these General Terms and Conditions. Dutch law is exclusively applicable to the General Terms and Conditions of PRIVATE TOYS.
The consumer is entitled to inform the seller that he waives the purchase, without payment of a penalty and without stating reasons, within 14 calendar days as from the day that follows the delivery of the product or the conclusion of the agreement.
Purchase and Payment The agreement between PRIVATE TOYS and you as the buyer is concluded at the moment that you accepted and complied with the terms and conditions imposed by PRIVATE TOYS subject to the right to withdraw the purchase as indicated above. The absence of an ordinary signature does not alter the binding effect of the offer and the acceptance thereof.
PRIVATE TOYS reserves the right to reject an order or to impose additional conditions on the same, e.g. in case of large orders, orders by minors, incomplete ordering procedures, or issues during previous orders.
PRIVATE TOYS always confirms the order and payment by email. If a payment confirmation has not been sent yet then the agreement is not in force yet. Payment of products purchased from PRIVATE TOYS takes place in advance or upon receipt of the delivery via the proposed payment methods. These are (depending on your country): iDeal, MasterCard and PayPal.The seller remains the owner of any and all goods up to the moment of payment in full. Payment takes place via DocData BV. To guarantee a secure online payment and the security and protection of your personal data the transaction data are sent over the internet encrypted with SSL technology. You do not need special software to pay with SSL.
Delivery and Delivery Times
All (delivery) dates specified by PRIVATE TOYS shall be given by way of approximation and are set on the basis of the information and circumstances, which were known to PRIVATE TOYS upon entering into the Agreement. Specified delivery dates shall never be considered as a strict deadline, unless it has expressly been agreed otherwise. In the event of non-timely delivery, the Customer must declare PRIVATE TOYS to be in default In Writing and grant it a reasonable date to still meet its obligations. In the absence of any agreement to the contrary, a delivery period of thirty (30) days shall apply. Exceeding this delivery period entitles the Customer to dissolve the Agreement. The Supplier shall in this case not be liable for damages. PRIVATE TOYS is entitled to supply sold goods in parts.
Information, images, oral communications, specifications, etc. with regard to any and all offers and the most important characteristics of the products that are provided by telephone or by email are presented, provided or made as accurately as possible. PRIVATE TOYS shall not be liable for recommendations provided by the same, printer’s errors and typesetting errors on the website or technical data provided by suppliers or manufacturers. Apparent mistakes or apparent errors in the information of the offer shall not have binding effect on the entrepreneur. Some products that we effectively have in stock are shown on the website. PRIVATE TOYS makes every effort to show these data correctly; however, it may be that an impossibility to deliver occurs. This may be caused by unintentionally incorrect stock data or products that are no longer deliverable by the suppliers. In those instances PRIVATE TOYS shall inform you accordingly as soon as possible and propose a solution to you. The products offered by PRIVATE TOYS comply with the statutory norms and can be sold online. It may be that PRIVATE TOYS includes links on its website to other websites that may be of interest or information to the visitor. These kinds of links are merely of an informative nature. PRIVATE TOYS shall not be responsible for the content of the website that reference is made to or for the use thereof.
Reflection Period (Approval Period) and Returns
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. To exercise the right to cancel, you must inform us (PRIVATE TOYS, Bijsterhuizen 3151, 6604LV, Wijchen – the Netherlands, email@example.com, phone +31 85 4011005 of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, or e-mail). You may use the attached model cancellation form, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us). We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you. We will make the reimbursement without undue delay, and not later than – (a) 30 days after the day we receive back from you any goods supplied, or (b) (if earlier) 30 days after the day you provide evidence that you have returned the goods, or (c) if there were no goods supplied, 30 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
- You shall send back the goods or hand them over to us without undue delay and in any event not later than 30 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
- You will have to bear the direct cost of returning the goods.
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods. For hygienic and health care reasons, products with a broken hygiene seal can not be returned.
You are held to inspect (have inspected) the goods immediately after receipt. In this context you must verify whether the delivered goods comply with the agreement:
- Were the correct goods delivered?
- Do the delivered goods comply with the stipulated quality requirements or – if these are absent – with the requirements that can be imposed on normal use?
The customer commits to inspect the purchased products immediately after delivery in order to determine whether the quality, colours, dimensions and/or quantity of the delivered goods correspond with everything that was stipulated. Potentially apparent defects, discrepancies or deficits with regard to the delivered goods must forthwith, and at the latest within 48 hours after the delivery, be reported to PRIVATE TOYS in writing or by telephone.
Complaints on account of apparent defects are only valid and are only examined on the condition that the customer did not commission the purchased goods yet. These kinds of complaints do not suspend the payment obligation of the customer. The customer must communicate each and every latent defect to PRIVATE TOYS in writing within a time limit of 2 months after the establishment of the same. Failing this kind of communication the customer forfeits his right to file a claim on account of a latent defect. The costs associated with the return of goods that do not comply with the description of the offer are at the expense of PRIVATE TOYS
Force majeure is understood as any and all external causes, foreseen or unforeseen, that PRIVATE TOYS cannot control, however as a result of which PRIVATE TOYS is unable to comply with its obligations. PRIVATE TOYS is also entitled to rely on force majeure if the circumstance that prevents (further) implementation occurs after PRIVATE TOYS should have complied with its obligation. During force majeure the delivery and other obligations of PRIVATE TOYS are suspended. If the period during which compliance with the obligations by PRIVATE TOYS is not possible exceeds 30 calendar days then each party is authorised to dissolve the agreement, without being subject to an obligation to pay compensation.
Prior to the payment the prices of the goods are communicated to you. All prices are in euros and including VAT. The shipping costs are specified separately before you pay definitively.
If the price indication is incorrect due to a technical error then an agreement is not concluded between the parties; the customer cannot derive any rights from the same. Offers are valid as long as stocks last. During the validity specified in the offer the prices of the offered products and/or services are not increased, barring price changes due to changes in VAT rates. In derogation from the previous sentence the entrepreneur can offer products or services of which the prices are subject to fluctuations on the financial market and that are beyond the control of the entrepreneur at variable prices. This link to fluctuations and the fact that potentially specified prices are target prices is mentioned in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases as from 3 months after the conclusion of the agreement are only permitted if the entrepreneur stipulated this and they are the result of statutory regulations or provisions; or the consumer is authorised to terminate the agreement effective as from the day when the price increase takes effect.
Intellectual Property Rights
The content of this site, including the brands, logos, drawings, data, product or company names, texts, images, and the like, are protected by intellectual property rights and belong to PRIVATE TOYS or entitled third parties.
Questions and Complaint
Questions or complaints must be reported within 48 hours after delivery. If a complaint is deemed to be founded then our liability shall be limited to the exchange of the goods. Each and every liability of the seller is limited to the actually paid amount of the order.
PRIVATE TOYS always handles questions and complaints within the reasonable time limit of 7 calendar days. Complaints and/or questions can be submitted by sending an email to: firstname.lastname@example.org
Dutch law is exclusively applicable to any and all offers and agreements.
Any and all disputes that are related to or derive from offers of PRIVATE TOYS, or agreements concluded with the same, are brought to the cognisance of the competent court in Nijmegen, unless a mandatory statutory provision expressly designates a different competent court.
Limitation of liability
The information on the website is of a general nature. The information has not been geared to personal or specific circumstances and can therefore not be qualified as personal, professional or legal advice to the user. PRIVATE TOYS makes considerable efforts in order that the available information is complete, correct, accurate, and updated. Despite these efforts inaccuracies may occur in the available information. Should the supplied information contain inaccuracies or should certain information be inaccessible on or via the site then PRIVATE TOYS shall make the utmost effort to rectify this as soon as possible. PRIVATE TOYS can, however, not be held liable for direct or indirect damages that originate from the use of the information on this site. Should you detect inaccuracies in the formation that is made available via the site then you can contact the administrator of the site.
The content of the site (links included) may at all times be adjusted, changed or supplemented without notice or notification. PRIVATE TOYS does not give any guarantees regarding the proper operation of the website and can by no means be held liable for a bad operation or temporary (un-) availability of the website or for any form of, direct or indirect, damages, that could originate from the access to or the use of the website.
PRIVATE TOYS can by no means be held liable vis-à-vis anyone in a direct or indirect, special or other manner for damages that can be blamed on the use of this site or any other particularity as a result of links or hyperlinks, including but not limited to any and all losses, work interruptions, damages to programmes or other data on the computer system, equipment, software or other of the user.
The website may contain hyperlinks to websites or pages of third parties or indirectly refer to the same. The inclusion of links to these websites or pages does by no means imply approval of the content thereof. PRIVATE TOYS expressly declares that it has no control over the content or over other characteristics of these websites and can by no means be held liable for the content or the characteristics thereof or for any other form of damages due to the use thereof.