Terms and Conditions

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Article 1 – Definitions

In these conditions, the following definitions apply:

  • Reflection period: the period within which the consumer can exercise their right of withdrawal;
  • Consumer: a natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
  • Day: calendar day;
  • Continuous performance contract: a distance contract relating to a series of products and/or services, with the delivery and/or purchase obligation spread over time;
  • Durable data carrier: any means that allows the consumer or entrepreneur to store information addressed to them personally in a way that makes future consultation and unchanged reproduction of the stored information possible.
  • Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
  • Model withdrawal form: the model withdrawal form provided by the entrepreneur that a consumer can fill in when they wish to exercise their right of withdrawal.
  • Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance, Toycredible (part of WoeWoe) in this case;
  • Distance contract: a contract in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, exclusive use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
  • Technique for distance communication: means that can be used for concluding a contract, without the consumer and entrepreneur being simultaneously present in the same space.
  • Terms and Conditions: these General Terms and Conditions of the entrepreneur.

Article 2 – Identity of the entrepreneur

Toycredible (part of WoeWoe)
Business address (not a visiting address):
Zilverschoonlaan 26
8245LG Lelystad
The Netherlands
+31683691772
info@toycredible.com
Chamber of Commerce number: 82131201
VAT identification number: NL003644325B49

Article 3 – Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders 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, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer free of charge as soon as possible upon request.
  3. If the distance contract is concluded electronically, the text of these general terms and conditions may, 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 data carrier. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.
  4. In addition to these general terms and conditions, specific product or service conditions may also apply. In that case, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to them in the event of conflicting terms and conditions.
  5. If one or more provisions of these general terms and conditions at any time are wholly or partially null and void or destroyed, the agreement and these conditions will otherwise remain in effect and the relevant provision will be replaced by mutual agreement without delay by a provision that approximates the intent of the original as closely as possible.
  6. Situations not covered by 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 explained ‘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 is non-binding. The entrepreneur is entitled to change and adjust the offer.
  3. The offer contains a complete and accurate description of the offered products and/or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the offered products and/or services. Apparent mistakes or apparent errors in the offer do not bind the entrepreneur.
  4. All images, specifications, and data in the offer are indicative and cannot be grounds for compensation or dissolution of the agreement.
  5. Images accompanying products are a true representation of the offered products. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
  6. Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
    • the price including taxes;
    • any shipping costs;
    • the manner in which the agreement will be concluded and which actions are necessary for this;
    • whether or not the right of withdrawal applies;
    • the method of payment, delivery, and execution of the agreement;
    • the term for accepting the offer, or the term within which the entrepreneur guarantees the price;
    • the rate for distance communication if the costs of using the technology for distance communication are calculated on a basis other than the regular basic rate for the used means of communication;
    • whether the agreement will be archived after its conclusion, and if so in what way it can be consulted by the consumer;
    • the way in which the consumer, before concluding the agreement, can check and, if desired, correct the information provided by him under the agreement;
    • any other languages in which, in addition to Dutch, the agreement can be concluded;
    • the codes of conduct to which the entrepreneur has subjected himself and the way in which the consumer can consult these codes of conduct electronically; and
    • the minimum duration of the distance contract in the event of a continuous performance contract.

Shipping cost

Country Shipping Costs Country Shipping Costs
Netherlands € 5.95 Italy € 18.15
Belgium € 9.45 Croatia € 24.62
Germany € 8.95 Latvia € 18.57
Austria € 13.92 Lithuania € 19.18
Bulgaria € 27.35 Luxembourg € 13.92
Denmark € 15.31 Poland € 17.91
Finland € 24.02 Portugal € 18.09
France € 15.31 Slovenia € 19.42
Greece € 22.51 Slovakia € 19.66
Hungary € 18.21 Spain € 17.97
Ireland € 19.42 Sweden € 20.57
Czech Republic € 17.13 Norway € 36,36

Article 5 – The agreement

  1. The agreement is concluded, subject to the provisions of paragraph 4, 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 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.
  4. The entrepreneur can – within legal frameworks – inform 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, based on this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse a request or order, motivated, or to attach special conditions to the execution.
  5. Upon delivery of the product or service to the consumer, the entrepreneur will provide 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 data carrier:
    • the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
    • 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;
    • information on guarantees and existing after-purchase service;
    • the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
    • the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
  6. In the case of a continuous performance contract, the provision in the previous paragraph only applies to the first delivery.
  7. Every agreement is entered into under the suspensive condition of sufficient availability of the relevant products.

Article 6 – Right of withdrawal

In the case of product delivery:

  1. When purchasing products, the consumer has the option to dissolve the agreement without stating reasons for 14 days. This reflection period starts on the day after receiving the product by the consumer or a pre-designated representative made known to the entrepreneur by the consumer.
  2. During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. When the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days of receiving the product. The consumer must use the model withdrawal form for this purpose. After the consumer has indicated that he wishes to exercise his right of withdrawal, he must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example through a proof of shipment.
  4. If the consumer has not expressed his intention to exercise his right of withdrawal after the expiry of the periods mentioned in paragraphs 2 and 3, or if the product has not been returned to the entrepreneur, the purchase is a fact.

Article 7 – Costs in the case of withdrawal

  1. If the consumer exercises his right of withdrawal, the maximum cost of return shipping will be at the consumer’s expense.
  2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the web retailer or conclusive proof of complete return can be presented. Reimbursement will be made via the same payment method used by the consumer unless the consumer explicitly agrees to a different payment method.
  3. In the event of damage to the product due to improper handling by the consumer, the consumer is liable for any depreciation in value of the product.
  4. The consumer cannot be held liable for any depreciation in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal; this must be done before the conclusion of the purchase agreement.

Article 8 – Exclusion of the right of withdrawal

  1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in time before concluding the agreement.
  2. Exclusion of the right of withdrawal is only possible for products:
    • that are made to the consumer’s specifications;
    • that are clearly personal in nature;
    • that cannot be returned due to their nature;
    • that can spoil or age quickly;
    • whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
    • for individual newspapers and magazines;
    • for audio and video recordings and computer software whose seal has been broken by the consumer.
  3. Exclusion of the right of withdrawal is only possible for services:
    • concerning accommodation, transport, restaurant business, or leisure activities to be carried out on a specific date or during a specific period;
    • whose delivery has started with the express consent of the consumer before the reflection period has expired;
    • concerning betting and lotteries.

Article 9 – 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. Notwithstanding 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 commitment to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:
    • they are the result of statutory regulations or provisions; or
    • the consumer has the right to terminate the agreement on the day the price increase takes effect.
  5. The prices stated in the offer of products or services include VAT.

Article 10 – 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 reliability 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. 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 agreement.

Article 11 – Delivery and execution

  1. The entrepreneur will take the greatest possible care in receiving and executing orders for products and in assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. With due observance of what is stated in article 4 of these general terms and conditions, the company will execute accepted orders with competent speed, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be carried out or can only be partially carried out, the consumer will be notified of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the agreement without costs and the right to any compensation.
  4. After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount paid by the consumer.
  5. 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 made known to the entrepreneur representative, unless explicitly agreed otherwise.

Article 12 – Continuous performance contract: duration, termination, and extension

Termination:

  1. The consumer can terminate an agreement that has been entered into for an indefinite period and which 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 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 term with due observance of the agreed termination rules and a notice period of no more than one month.
  3. The consumer can conclude the agreements mentioned in the previous paragraphs:
    • terminate at any time and not be limited to termination at a specific time or 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.

Extension:

  1. 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 extended or renewed for a fixed duration.
  2. Notwithstanding the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily or weekly newspapers and magazines may be tacitly extended for a fixed term of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of no more than one month.
  3. An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer can terminate at any time with a notice period of no more than one month. The notice period is a maximum of three months in the event that the agreement extends to the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.
  4. 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:

  1. 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.

Article 13 – Payment

  1. Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.
  2. The consumer has the duty to immediately report inaccuracies in the payment data provided or mentioned to the entrepreneur.
  3. In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer beforehand.

Article 14 – Complaints

  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 a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
  4. If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement.
  5. In case of complaints, a consumer should first turn to the entrepreneur. If the web shop is affiliated with Stichting WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate for free. If a solution is still not reached, the consumer has the option to have their complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, whose decision is binding and both the entrepreneur and the consumer agree with this binding decision. The submission of a dispute to this disputes committee is subject to costs that must be paid by the consumer to the relevant committee. It is also possible to file complaints via the European ODR platform (http://ec.europa.eu/odr).
  6. A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur indicates otherwise in writing.
  7. If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at his discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

  1. Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law. Even if the consumer resides abroad.
  2. The Vienna Sales Convention does not apply.

Article 16 – Additional or deviating provisions

Additional provisions or provisions deviating 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.