Terms of service

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Table of Contents:

Article 1 - Definitions

Article 2 - Company Information

Article 3 - Applicability

Article 4 - Products and Offers

Article 5 - The Agreement

Article 6 - Right of Withdrawal

Article 7 - Consumer Obligations During the Withdrawal Period

Article 8 - Exercising the Right of Withdrawal and Associated Costs

Article 9 - Our Obligations in the Event of Withdrawal

Article 10 - Exceptions to the Right of Withdrawal

Article 11 - Pricing

Article 12 - Fulfillment and Additional Warranties

Article 13 - Delivery and Fulfillment

Article 14 - Ongoing Agreements: Duration, Cancellation, and Renewal

Article 15 - Payment

Article 16 - Complaints Procedure

Article 17 - Disputes

Article 18 - Additional or Alternative Provisions

Article 1 - Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

1. Additional Agreement: An agreement under which the consumer purchases products, digital content, and/or services in connection with a distance contract, where those products, digital content, and/or services are supplied by the business or by a third party under an arrangement between that third party and the business.
2. Withdrawal Period: The period during which the consumer may exercise their right of withdrawal.
3. Consumer: An individual acting for purposes unrelated to their trade, business, craft, or profession.
4. Day: A calendar day.
5. Digital Content: Data produced and supplied in digital form.
6. Ongoing Agreement: An agreement for the regular supply of products, services, and/or digital content over a specified period.
7. Durable Medium: Any medium, including email, that allows the consumer or business to store information addressed personally to them in a way that makes it accessible for future reference for a period appropriate to its purpose and allows the information to be reproduced without alteration.
8. Right of Withdrawal: The consumer's right to cancel a distance contract within the withdrawal period.
9. Business: The individual or legal entity offering products, digital content (or access to digital content), and/or services to consumers remotely.
10. Distance Contract: An agreement between the business and the consumer concluded through an organized system for the remote sale of products, digital content, and/or services, using one or more means of distance communication up to and including the conclusion of the agreement.
11. Model Withdrawal Form: The European model withdrawal form included in Appendix I of these Terms and Conditions. Appendix I does not need to be provided if the consumer has no right of withdrawal for their order.
12. Means of Distance Communication: Any method that allows an agreement to be concluded without the consumer and business being physically present in the same location at the same time.

Article 2 - Company Information

Business name: ilovespeelgoed.nl
Trading as:
- ilovespeelgoed.nl

Business address:
Gietijzerstraat 56
3534 AV Utrecht
The Netherlands

Phone number: +31 (0)30 30 30 052

Customer service hours:
Monday through Friday, 9:00 AM to 5:00 PM

Email: info@ilovespeelgoed.nl

Chamber of Commerce registration number: 75175819
VAT identification number: NL860170561B01

If the business's activities are subject to a relevant licensing system, information about the supervisory authority will be provided.

If the business practices a regulated profession, the following information will be provided:

• The professional association or organization of which the business is a member;
• The professional title and the location within the European Union or European Economic Area where it was awarded;
• A reference to the professional rules applicable in the Netherlands and information about where and how those rules can be accessed.

Article 3 - Applicability

1. These Terms and Conditions apply to every offer made by the business and every distance contract concluded between the business and the consumer.
2. Before a distance contract is concluded, the consumer will be provided with these Terms and Conditions. If this is not reasonably possible, the business will explain, before the agreement is concluded, how the Terms and Conditions can be reviewed and that a copy will be provided free of charge upon request as soon as possible.
3. If the distance contract is concluded electronically, the Terms and Conditions may be provided electronically before the agreement is concluded, in a format that allows the consumer to easily store them on a durable medium. If this is not reasonably possible, the business will indicate where the Terms and Conditions can be accessed electronically and confirm that they will be provided electronically or by other means free of charge upon request.
4. If specific terms and conditions apply to certain products or services in addition to these general Terms and Conditions, paragraphs 2 and 3 also apply. In the event of conflicting provisions, the consumer may rely on whichever provision is most favorable to them.

Article 4 - Products and Offers

1. If an offer is valid for a limited period or subject to specific conditions, this will be clearly stated in the offer.
2. Each offer includes a complete and accurate description of the products, digital content, and/or services being offered. The description will be sufficiently detailed to allow the consumer to make an informed assessment. Any images used will accurately represent the products, services, and/or digital content offered. Obvious mistakes or errors in an offer are not binding on the business.
3. Every offer provides sufficient information for the consumer to understand the rights and obligations associated with accepting it.

Article 5 - The Agreement

1. Subject to paragraph 4, an agreement is concluded when the consumer accepts the offer and meets the applicable conditions.
2. If the consumer accepts an offer electronically, the business will promptly confirm receipt of that acceptance electronically. Until the business has confirmed receipt, the consumer may cancel the agreement.
3. When an agreement is concluded electronically, the business will take appropriate technical and organizational measures to protect the electronic transmission of data and maintain a secure online environment. If electronic payment is available, appropriate security measures will also be implemented.
4. Within the limits of applicable law, the business may assess whether the consumer can meet their payment obligations and consider other relevant circumstances before entering into a distance contract. If this assessment provides reasonable grounds not to enter into the agreement, the business may refuse an order or request, or impose special conditions on its fulfillment, provided the reasons are explained.
5. No later than the delivery of the product, service, or digital content, the business will provide the consumer with the following information in writing or in another accessible format that can be stored on a durable medium:
   • The physical address where the consumer may submit complaints;
   • The conditions and procedures for exercising the right of withdrawal, or a clear statement if that right does not apply;
   • Information about warranties and available after-sales service;
   • The price of the product, service, or digital content, including all taxes, any applicable delivery costs, and the payment, delivery, or fulfillment arrangements;
   • The requirements for canceling an agreement lasting more than one year or for an indefinite period;
   • The model withdrawal form, if the consumer has a right of withdrawal.
6. For ongoing agreements, the information described in paragraph 5 only needs to be provided with the first delivery.

Article 6 - Right of Withdrawal

Products:

1. The consumer may withdraw from an agreement to purchase a product within a withdrawal period of at least 14 days, without providing a reason. The business may ask for the reason for withdrawal, but the consumer is not required to provide one.
2. The withdrawal period begins on the day after the consumer, or a third party designated by the consumer who is not the carrier, receives the product. The following rules apply:
   • If multiple products are ordered together, the withdrawal period begins on the day the consumer or their designated third party receives the final product. The business may refuse orders containing products with different delivery times, provided this has been clearly communicated before the order is placed.
   • If a product is delivered in multiple shipments or parts, the withdrawal period begins on the day the final shipment or part is received.
   • For agreements involving the regular delivery of products over a specified period, the withdrawal period begins on the day the first product is received.

Services and digital content not supplied on a physical medium:

1. The consumer may withdraw from an agreement for services or digital content not supplied on a physical medium within a period of at least 14 days, without providing a reason. The business may ask for the reason for withdrawal, but the consumer is not required to provide one.
2. The withdrawal period described in paragraph 3 begins on the day after the agreement is concluded.

Extended withdrawal period when required information has not been provided:

1. If the business has not provided the legally required information about the right of withdrawal or the model withdrawal form, the withdrawal period expires 12 months after the end of the original withdrawal period established under the preceding paragraphs.
2. If the business provides the required information within 12 months of the start of the original withdrawal period, the withdrawal period expires 14 days after the consumer receives that information.

Article 7 - Consumer Obligations During the Withdrawal Period

1. During the withdrawal period, the consumer must handle the product and its packaging with care. The consumer may only unpack or use the product to the extent necessary to determine its nature, characteristics, and functionality. As a general rule, the consumer may handle and inspect the product only as they would be permitted to do in a physical store.
2. The consumer is only responsible for any decrease in the product's value resulting from handling that goes beyond what is permitted under paragraph 1.
3. The consumer is not responsible for any decrease in the product's value if the business failed to provide all legally required information about the right of withdrawal before or when the agreement was concluded.

Article 8 - Exercising the Right of Withdrawal and Associated Costs

1. To exercise the right of withdrawal, the consumer must notify the business within the withdrawal period, either by using the model withdrawal form or by making another clear and unambiguous statement.
2. The consumer must return the product or hand it over to the business or its authorized representative as soon as possible, but no later than 14 days after the day following the notification described in paragraph 1. This requirement does not apply if the business has offered to collect the product. The return deadline is met if the consumer sends the product back before the applicable return period expires.
3. The consumer must return the product with all supplied accessories and, where reasonably possible, in its original condition and packaging, following the reasonable and clear instructions provided by the business.
4. The consumer bears the risk and burden of proof regarding the proper and timely exercise of the right of withdrawal.
5. The consumer is responsible for the direct costs of returning the product. However, the consumer is not required to pay these costs if the business has not informed them of this responsibility or has agreed to cover the return shipping costs.
6. If the consumer withdraws after expressly requesting that a service or the supply of gas, water, or electricity not sold in a limited volume or set quantity begin during the withdrawal period, the consumer must pay an amount proportional to the portion of the agreement already fulfilled at the time of withdrawal, compared with full performance of the agreement.
7. The consumer is not responsible for the costs of services or the supply of water, gas, electricity, or district heating during the withdrawal period if:
   • The business failed to provide the legally required information about the right of withdrawal, the applicable costs upon withdrawal, or the model withdrawal form; or
   • The consumer did not expressly request that the service or supply begin during the withdrawal period.
8. The consumer is not responsible for the costs of digital content not supplied on a physical medium, whether delivered in full or in part, if:
   • The consumer did not expressly consent to the start of delivery before the end of the withdrawal period;
   • The consumer did not acknowledge that giving consent would result in losing the right of withdrawal; or
   • The business failed to confirm the consumer's acknowledgment.
9. When the consumer exercises the right of withdrawal, all additional agreements are automatically terminated by operation of law.

Article 9 - Our Obligations in the Event of Withdrawal

1. If the business allows consumers to submit withdrawal notifications electronically, it will promptly send an acknowledgment of receipt after receiving such a notification.
2. The business will refund all payments made by the consumer, including any delivery costs charged by the business for the returned product, without undue delay and no later than 14 days after being notified of the withdrawal. Unless the business has offered to collect the product, it may withhold the refund until it has received the product or the consumer has provided proof of return, whichever occurs first.
3. Refunds will be issued using the same payment method the consumer used for the original transaction, unless the consumer agrees to another method. The consumer will not incur any fees for receiving the refund.
4. If the consumer selected a delivery method more expensive than the least expensive standard delivery option, the business is not required to refund the additional cost of the more expensive delivery method.

Article 10 - Exceptions to the Right of Withdrawal

The business may exclude the following products and services from the right of withdrawal, but only if this exclusion was clearly stated in the offer or otherwise communicated before the agreement was concluded:

1. Products or services whose prices depend on fluctuations in financial markets beyond the business's control that may occur during the withdrawal period.
2. Agreements concluded at a public auction. A public auction is a sales method in which products, digital content, and/or services are offered to consumers who attend or have the opportunity to attend in person, under the direction of an auctioneer, and where the successful bidder is required to complete the purchase.
3. Service agreements after the service has been fully performed, provided that:
   • Performance began with the consumer's express prior consent; and
   • The consumer acknowledged that the right of withdrawal would be lost once the business had fully performed the agreement.
4. Package travel agreements as defined in Article 7:500 of the Dutch Civil Code and passenger transportation agreements.
5. Agreements for accommodation other than residential purposes, transportation of goods, car rentals, and catering services, where a specific date or period of performance has been agreed upon.
6. Agreements relating to leisure activities where a specific date or period of performance has been agreed upon.
7. Products made to the consumer's specifications that are not prefabricated and are produced based on the consumer's individual choices or decisions, or that are clearly intended for a specific person.
8. Products that are likely to deteriorate or expire quickly.
9. Sealed products that are unsuitable for return for health protection or hygiene reasons if the seal has been broken after delivery.
10. Products that, by their nature, become inseparably mixed with other products after delivery.
11. Alcoholic beverages whose price was agreed upon when the agreement was concluded, where delivery can only take place after 30 days and the actual value depends on market fluctuations beyond the business's control.
12. Sealed audio recordings, video recordings, and computer software if the seal has been broken after delivery.
13. Newspapers, periodicals, and magazines, except for subscriptions to these publications.
14. Digital content not supplied on a physical medium, provided that:
    • Delivery began with the consumer's express prior consent; and
    • The consumer acknowledged that this would result in losing the right of withdrawal.

Article 11 - Pricing

1. Prices for products and/or services will not be increased during the validity period stated in the offer, except for changes resulting from adjustments to VAT rates.
2. As an exception to paragraph 1, the business may offer products or services at variable prices if those prices are linked to fluctuations in financial markets beyond its control. The offer will clearly state this connection and indicate whether any listed prices are estimates.
3. Price increases within three months after the agreement is concluded are only permitted if they result from statutory regulations or legal provisions.
4. Price increases occurring three months or more after the agreement is concluded are only permitted if the business has agreed to this in advance and:
   • The increase results from statutory regulations or legal provisions; or
   • The consumer has the right to terminate the agreement effective on the date the price increase takes effect.
5. All prices listed in offers for products or services include VAT.

Article 12 - Fulfillment and Additional Warranties

1. The business guarantees that its products and/or services comply with the agreement, the specifications stated in the offer, reasonable standards of quality and usability, and the legal requirements and government regulations in effect when the agreement was concluded. If expressly agreed upon, the business also guarantees that the product is suitable for purposes other than its normal intended use.
2. Any additional warranty provided by the business, its supplier, manufacturer, or importer does not limit the consumer's statutory rights or claims against the business if the business fails to fulfill its obligations under the agreement.
3. An additional warranty means any commitment made by the business, its supplier, importer, or manufacturer that grants the consumer rights or remedies beyond those required by law if the business fails to fulfill its obligations under the agreement.

Article 13 - Delivery and Fulfillment

1. The business will exercise the greatest possible care when receiving and fulfilling product orders and when assessing requests for services.
2. The delivery address is the address provided by the consumer to the business.
3. Subject to Article 4 of these Terms and Conditions, accepted orders will be fulfilled as promptly as possible and no later than 30 days after the order is placed, unless a different delivery period has been agreed upon. If delivery is delayed or an order cannot be fulfilled, either in whole or in part, the consumer will be notified no later than 30 days after placing the order. In such cases, the consumer has the right to cancel the agreement without charge and may be entitled to compensation.
4. If the agreement is canceled under paragraph 3, the business will promptly refund any amount paid by the consumer.
5. The risk of damage to or loss of products remains with the business until the products have been delivered to the consumer or to a representative designated in advance by the consumer and made known to the business, unless expressly agreed otherwise.

Article 14 - Ongoing Agreements: Duration, Cancellation, and Renewal

Cancellation:

1. The consumer may cancel an ongoing agreement of indefinite duration for the regular supply of products (including electricity) or services at any time, subject to the agreed cancellation procedures and a notice period of no more than one month.
2. The consumer may cancel an ongoing agreement for a fixed term involving the regular supply of products (including electricity) or services at the end of the agreed term, subject to the agreed cancellation procedures and a notice period of no more than one month.
3. For the agreements described in the preceding paragraphs, the consumer must be able to:
   • Cancel at any time, without being restricted to a specific date or period;
   • Cancel using at least the same method by which the agreement was originally entered into;
   • Cancel with the same notice period that the business has established for itself.

Renewal:

1. An agreement for a fixed term involving the regular supply of products (including electricity) or services may not be automatically renewed or extended for another fixed term.
2. As an exception to paragraph 4, a fixed-term agreement for the regular delivery of daily newspapers, news publications, weekly newspapers, or magazines may be automatically renewed for a fixed period of no more than three months, provided the consumer can cancel the renewed agreement at the end of that period with no more than one month's notice.
3. A fixed-term agreement for the regular supply of products or services may only be automatically renewed for an indefinite period if the consumer can cancel at any time with no more than one month's notice. The notice period may be up to three months if the agreement involves the regular delivery of daily newspapers, news publications, weekly newspapers, or magazines less than once per month.
4. A limited-term trial or introductory subscription for the regular delivery of daily newspapers, news publications, weekly newspapers, or magazines will not automatically continue and will end when the trial or introductory period expires.

Duration:

1. If an agreement lasts longer than one year, the consumer may cancel it at any time after the first year with a notice period of no more than one month, unless doing so before the end of the agreed term would be contrary to the principles of reasonableness and fairness.

Article 15 - Payment

1. Unless otherwise specified in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the withdrawal period begins or, if no withdrawal period applies, within 14 days after the agreement is concluded. For service agreements, this period begins on the day after the consumer receives confirmation of the agreement.
2. When selling products to consumers, the business may not require advance payment of more than 50% through its general Terms and Conditions. If advance payment has been agreed upon, the consumer cannot claim fulfillment of the relevant order or services until the agreed advance payment has been made.
3. The consumer must promptly notify the business of any inaccuracies in the payment information provided or recorded.
4. If the consumer fails to meet their payment obligations on time, the business will notify the consumer of the overdue payment and allow an additional 14 days to pay. If payment is still not received within that period, statutory interest will be due on the outstanding amount, and the business may charge reasonable out-of-court collection costs. These costs are limited to:
   • 15% of outstanding amounts up to €2,500;
   • 10% of the next €2,500;
   • 5% of the following €5,000;
   with a minimum charge of €40. The business may deviate from these amounts and percentages in the consumer's favor.

Article 16 - Complaints Procedure

1. The business maintains a clearly communicated complaints procedure and handles complaints in accordance with that procedure.
2. Complaints regarding the fulfillment of an agreement must be submitted to the business within a reasonable period after the consumer discovers the issue. Complaints must be described clearly and in sufficient detail.
3. The business will respond to complaints within 14 days of receiving them. If a complaint is expected to require more time to resolve, the business will acknowledge receipt within 14 days and provide an indication of when the consumer can expect a more detailed response.
4. The consumer must allow the business at least four weeks to resolve the complaint through mutual consultation. After this period, the matter may become a dispute eligible for formal dispute resolution.

Article 17 - Disputes

1. All agreements between the business and the consumer governed by these Terms and Conditions are subject exclusively to Dutch law.

Article 18 - Additional or Alternative Provisions

Any provisions that supplement or differ from these Terms and Conditions must not place the consumer at a disadvantage. Such provisions must be recorded in writing or made available in a format that allows the consumer to store them on a durable medium for future reference.

Appendix I: Model Withdrawal Form

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the agreement.)

To: [Business name]

[Business address]

[Fax number, if available]

[Email address or other electronic contact information]

I/We* hereby notify you that I/we* wish to withdraw from my/our* agreement concerning:

The purchase of the following products: [Product description]*

The supply of the following digital content: [Description of digital content]*

The provision of the following service: [Description of service]*

Ordered on*/Received on*: [Date of order for services or date of receipt for products]

Name of consumer(s): [Name]

Address of consumer(s): [Address]

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

*Delete or complete as appropriate.