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Terms & Conditions


Terms & Conditions - Techtools (Toyswarmer.com)

Index: 
Article 1 - Definitions 
Article 2 - Identity of the entrepreneur 
Article 3 - Applicability 
Article 4 - The offer 
Article 5 - The contract 
Article 6 - Right of withdrawal 
Article 7 - Costs in case of withdrawal 
Article 8 - Exclusion of right of withdrawal 
Article 9 - The price 
Article 10 - Compliance and Warranty 
Article 11 - Delivery and execution 
Article 12 - Extended duration transactions: duration, termination and renewal 
Article 13 - Payment 
Article 14 - Complaints 
Article 15 - Disputes 
Article 16 - Additional or different terms

Article 1 - Definitions

In these conditions apply:

  1. Grace period: The period within which the consumer can exercise his right of withdrawal;
  2. Consumer: the natural person not acting in the exercise of profession or business and a distance contract with the entrepreneur;
  3. Day: calendar day;
  4. Transaction Duration: a distance contract relating to a range of products and / or services, the supply and / or purchase is spread over time;
  5. Durable medium: any means that the consumer or business that enables information to him personally, store in a way that future consultation and unaltered reproduction of the stored information.
  6.   Right of withdrawal: the ability for consumers to see within the waiting period of the contract;
  7. Entrepreneur: the natural or legal products and / or remote services to consumers, in this case by Techtools (see Article 2);
  8. Distance contract: an agreement whereby in the framework of a system organized by the entrepreneur for distance selling of products and / or services until the conclusion of the agreement exclusive use of one or more means of distance communication;
  9. Technology for distance communication: means that can be used to conclude a contract, without the consumer and trader being in the same area.

Article 2 - Identity of the entrepreneur 
Under entrepreneur is understood Techtools, publisher of Toyswarmer.com.

Article 3 - Applicability

  1. These general conditions apply to every offer of the entrepreneur and any agreement concluded at a distance between businesses and consumers.
  2. Before the contract is concluded, the text of these general conditions made available to the consumer. If this is not reasonably possible, before the contract is concluded, indicated that the general conditions appearing in the entrepreneur and will be sent free of charge as soon as possible, at the request of the consumer.
  3. If the contract is concluded electronically away, notwithstanding the preceding paragraph and before the contract is concluded, the text of these general conditions are made electronically available to the consumer in such a way that the consumer in a simple way can be stored on a durable medium. If this is not reasonably possible, before the contract is concluded, indicated where the general conditions can be inspected electronically and that at the request of the consumer electronically or otherwise will be sent free of charge.
  4. In the event that besides these general conditions also specific product or service conditions apply, the second and third paragraph shall apply and the consumer in case of conflicting terms always rely on the applicable provision that is most favorable to him is.

Article 4 - The offer

  1. If an offer has a limited duration or subject to conditions, so far as possible be included in the offer.
  2. The offer includes a description of the products offered. The description is sufficiently detailed in combination with any image to get a good impression of the offer. The images are a true reflection of the products and / or services. Obvious mistakes or errors in the offer binding on the entrepreneur.
  3. Each offer contains such information that is clear to the consumer what rights and obligations are involved in accepting the offer.

Article 5 - The contract

  1. The agreement is subject to the provisions of paragraph 4, concluded at the time of the consumer accepts the offer and meet the corresponding conditions.
  2. If the consumer has accepted the offer electronically, the trader will immediately acknowledge electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed by the operator, the consumer may rescind the contract. The confirmation is sent by e-mail. The consumer should in the mail program to see all the possibilities that the confirmation is received.
  3. If the agreement is created electronically, the trader will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a secure web environment. If the consumer can pay electronically, the trader will take appropriate safety precautions.
  4. The entrepreneur can - within the law - inform the consumer's ability to meet its payment obligations, and of all those facts and factors that are important to a sound conclusion of the distance contract. If the operator under this investigation was justified not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation.

Article 6 - Right of withdrawal

  1. When purchasing products, the consumer can terminate the contract without giving reasons, during 9 days.
  2. During this period the consumer will treat the product and packaging. He will only unpack the product to the extent or use as necessary to assess whether he wishes to retain. If he exercises his right of withdrawal does, he will the product with all accessories and - if reasonably possible - in its original condition and packaging to the entrepreneur.

Article 7 - Costs in case of withdrawal

  1. If the consumer exercises his right of withdrawal, will not exceed the cost of return shipping cost.
  2. If the consumer has paid an amount, the entrepreneur this amount as soon as possible but no later than 30 days after the return or cancellation, refund.

Article 8 - Exclusion of right of withdrawal

  1. The entrepreneur can exclude the right of withdrawal from the consumer to the extent provided in paragraph 2 and 3. The exclusion of the right of withdrawal applies only if the trader clearly in the offer, at least in time for the conclusion of the contract refers.
  2. Exclusion of the right of withdrawal is only possible for products:

a which have been created by the trader in accordance with specifications of the consumer.; 
b. that are clearly personal in nature; 
c. that can not be returned due to their nature; 
d. that spoil or become obsolete; 
e. whose price depends on fluctuations in the financial market over which the trader has no influence; 
f. for individual newspapers and magazines; 
g. for audio and video recordings and computer software that the consumer has broken the seal.

3.Uitsluiting the right of withdrawal is only possible for services:

A. On accommodation, transport, carrying catering or leisure on a certain date or during a given period;

Article 9 - The price

The price of the offer is always inclusive of VAT, unless explicitly stated that this does not include tax. The trader may alter the rates.

Article 10 - Compliance and Warranty

  1. The operator guarantees that the products and / or services meet the contract specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations.
  2. A guarantee provided by the trader, manufacturer or importer does not affect the legal rights and claims that the consumer under the agreement against the entrepreneur can assert.

Article 11 - Delivery and execution

  1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
  2. The place of delivery is the address that the consumer makes known to the company.
  3. Subject to what is stated in Article 4 of these terms and conditions, the company will execute accepted orders expeditiously within 30 days unless a longer delivery has been agreed. If delivery is delayed or if an order is not or only partially carried out, the consumer receives them no later than 30 days after placing the order. The consumer in this case the right to terminate the contract without cost, but is not entitled to any compensation.
  4. In case of dissolution in accordance with the preceding paragraph, the operator the amount that consumers paid as soon as possible but no later than 30 days after termination, back pay.
  5. If delivery of an ordered product proves impossible, the trader will endeavor to provide a replacement article. By the delivery will be clear and comprehensible manner that a replacement item is delivered.
  6. The risk of damage and / or loss of products rests with the consumer, unless the consumer has selected for transmission over a parcel.

Article 12 - Extended duration transactions: duration, termination and renewal

notice

1. The consumer may contract for an indefinite period, which extends to the regular delivery of products (magazines included) or services, at any time denounce the applicable termination rules and a notice of one month.

extension

2. A contract for a definite period and that extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed duration.

3. Notwithstanding the preceding paragraph, a contract concluded for a definite period and that extends to the regular delivery of daily news and weekly newspapers and magazines be tacitly renewed for a fixed period of one calendar year, if the consumer this extended agreement by the end of the extension may terminate with a notice period of one month.

4. agreements with limited duration of regular delivery of dailies, weeklies and magazines (trial or introductory subscription) is not implied continued and terminates automatically after the trial or introductory

expensive

5. If a contract has a duration of more than one year, the consumer the agreement after a year may withdraw a notice of up to one month, unless the reasonableness and fairness against termination before the end of the agreed term resist.

Article 13 - Payment

  1. Unless otherwise agreed, the amounts owed by the consumer to be paid within 14 days after the start of the cooling off period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, time begins to run after the consumer has received the confirmation of the agreement.
  2. may be required that the amount is paid in advance when selling products to consumers.
  3. The consumer is obliged to report immediately to the trader any inaccuracies in data supplied or specified payment.
  4. In case of default of the consumer, the entrepreneur subject to statutory limitations, the right to charge the reasonable costs incurred to the Consumer.

Article 14 - Complaints

  1. The trader provides for a complaints procedure and deals with complaints under this procedure.
  2. Complaints about the implementation of the agreement must be made fully and clearly described within a reasonable time to the entrepreneur, after the consumer has found the defects.
  3. When entrepreneur complaints within a period of 14 days from the date of receipt. If a complaint is a foreseeable longer processing time, is answered by the operator within the period of 14 days, confirming receipt and indicating when the consumer can expect a more detailed answer.

Article 15 - Disputes

  1. On agreements between the entrepreneur and the consumer of these terms refer only to Dutch law.

Article 16 - Additional or different terms

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