General Terms and Conditions Toys and Tools dated 26-06-2023

These terms and conditions are intended to regulate the relationship between you as a customer and the online Special Shop Toys and Tools.

Article 1: Identity of the entrepreneur
Toys and Tools is located at Vrouwenlaan 21, 8017 HB in Zwolle.
T: 06-45532894 (available from 10 a.m. to 5 p.m. from Mon to Fri)
E: [email protected]
Chamber of Commerce number: 08214517 / VAT number: NL001649154B45

Article 2: Distance purchase
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.

Article 3: Applicability and validity conditions
1. When you instruct Toys and Tools as a seller/supplier to deliver one or more products, you enter into an agreement (remote purchase) that is legally binding.
2. These general terms and conditions and additional return conditions apply to every offer from the entrepreneur and to every distance contract concluded between entrepreneur and consumer.
3. Before the distance contract is concluded, the text of these general terms and conditions and additional return conditions will be made available to the consumer electronically. The general terms and conditions of Toys and Tools can also be read on the website www.toysandtools.nl
4. If you order a product from Toys and Tools, you agree to our general terms and conditions.
5. Dutch law applies to all agreements concluded by us and any disputes arising therefrom.
6. Purchase agreements are only entered into with persons aged 18 or older.

Article 4: The offer
1. If an offer has a limited period of validity or is subject to conditions, this will be expressly stated in the offer.
2. The offer contains a description of the products and/or services offered. The description is sufficiently detailed to enable an assessment of the offer by the consumer. When in doubt, Toys and Tools advises its customers to contact us before proceeding with the purchase.
3. If the entrepreneur uses images, these are a representation of the products and/or services offered. A photo never gives a complete representation of the product and can, for example, make the product appear larger or smaller than it actually is. The consumer should therefore always read the description of the product for the correct dimensions or properties of the product.
4. Obvious mistakes or errors in the offer do not bind the entrepreneur.
5. 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 it
special:
-the price including taxes;
- any costs of delivery;

Article 5: The agreement
1. The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the corresponding conditions.
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 receipt of this acceptance has not been confirmed, 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 safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
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, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request with reasons, or to attach special conditions to the implementation.

Article 6: Right of withdrawal upon delivery of products (see also our additional return conditions at the bottom of this page)
1. When purchasing products, the consumer has the option of dissolving the contract without giving reasons during 14 days, the so-called trial period. This period starts on the day of receipt of the product by or on behalf of the consumer. After the return notice, the customer has another 14 days to return the items.
2. During the trial period, the consumer will handle the product and the packaging with care. He will only unpack the product to the extent, but without damaging the packaging, to be able to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all accessories supplied and in the original condition and packaging to the entrepreneur, when reasonably possible. When products are returned damaged, incomplete, with damaged packaging and or without original packaging after the trial period, we can no longer sell the product as new and we will refund a maximum of 75% of the retail value.
3. However, returns are only possible after consultation and in accordance with the instructions provided by the entrepreneur and must be made within 14 days after the return notice.
4. The costs of the return shipment are entirely at the expense of the consumer. The shipping costs will be refunded in full in the event of a complete cancellation of the order, not or not in part in the event of a partial cancellation of the order. This depends on the shipping costs that would have to be paid for the remaining order.
5. Unstamped returns are not accepted.

Article 7: Costs in case of withdrawal
1. If the consumer makes use of his right of withdrawal, the costs of return shipment will be borne by him in full. The shipping costs will be refunded in full in the event of a complete cancellation of the order, not or not in part in the event of a partial cancellation of the order. This depends on the shipping costs that would have to be paid for the remaining order. Unstamped returns are not accepted.
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 receipt of all returned goods.

Article 8: Exclusion right of withdrawal
1. If the consumer does not have a right of withdrawal, this can only be excluded by the entrepreneur if the entrepreneur has clearly stated this in the offer, at least in good time before concluding the agreement. We have additional return conditions for various products. This is listed at the bottom of this page.
2. Products that are specifically ordered at the request of the customer cannot be exchanged.

Article 9: The price
1. All mentioned toy prices are in euros and include 9% (books) or 21%, but excluding shipping costs.
2. Toy Specialist Shop “Toys and Tools” takes no responsibility for incorrect prices that are based on an obvious writing, typing or misprint. Price changes reserved.

Article 10: Payment
1. Special toy shop “Toys and Tools" offers customers the following payment options:
A. Payment in advance through Ideal,
B. the customer can pay in advance by transferring the total amount (including shipping costs) to bank account: Iban NL37 RABO01561.32.044 Rabobank stating your invoice number. Payment option B is only possible after consultation with “Toys and Tools”.
C. Payment on Account. This payment option can only be used by companies. We ask entrepreneurs to pay the first 2 payments in advance. In certain cases it is possible to pay directly on account. We will then ask you to provide certain additional information.
2. When paying in advance, the order will be shipped after the entire amount (including shipping costs) has been credited to our account.
3. The consumer is obliged to immediately report inaccuracies in payment details provided or stated to the entrepreneur.
4. In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.
5. When adjusting invoices due to incorrect information provided by the customer, we reserve the right to increase the invoice by € 25.00 for the administration costs incurred.
6. After sending 2 payment reminders (email address provided) we reserve the right to increase the invoice by €25.00 for the administration costs incurred

Article 11: Delivery and performance
1. The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing applications 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 process accepted orders expeditiously, 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 or only partially be executed, the consumer will be notified of this no later than one month after he has placed the order.
4. In that case, the consumer has the right to dissolve the agreement without costs.
5. The delivery times specified by “Toys and Tools” are only indicative. Exceeding the delivery times does not entitle the customer to compensation.
6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer, unless expressly agreed otherwise.

Article 12: Shipping costs
1. The shipping costs depend on the size and weight of your order and the shipping address (within or outside NL)
2. The rates used by “Toys and Tools” are based on the rates of various transport companies including GLS and PostNL (letterbox shipments only). We always charge one standard rate for letterbox mail.
3. No shipping costs will be charged for the collection of products, if it is indicated with the payment that the ordered products will be collected. Products can only be collected after consultation with the company.

Article 13: Retention of title
1. The products delivered by “Toys and Tools” remain the property of “Toys and Tools” until the entire amount due (including shipping costs) has been transferred to it. The risk with regard to the products passes to the customer at the time of receipt by or on behalf of the customer.
2. In the case of return shipments, the right of ownership reverts to the company after receipt of the goods and reimbursement of the amounts due (excluding shipping costs).

Article 14: Images and texts
1. All images, drawings, data regarding weights, dimensions, colors, etc. included on the website www.Toysandtools.nl, in price lists and brochures, are only approximate and cannot give rise to compensation and/or dissolution of the agreement.
2. All photos, images and texts on the website are copyrighted and may not be copied or otherwise reproduced or used in any way without express written permission.

Article 15: Warranty and complaints
1. The products to be delivered by "Toys and Tools" have been produced by third parties and meet the usual requirements and standards that can reasonably be set at the time of delivery and for which they are intended for normal use in the Netherlands. The warranty referred to in this article applies to products intended for use within the Netherlands.
2. The warranty to be provided by "Toys and Tools" is limited to the warranty provided by the manufacturer of the product, unless stated otherwise. After the warranty period has expired, all costs for repair or replacement, including administration, shipping and call-out costs, will be charged to the consumer.
3. Any form of guarantee will lapse if a defect has arisen as a result of or arises from; improper or improper use thereof, use after the best-before date, incorrect storage or maintenance thereof by the Customer and / or by third parties.
4. Products that have unexpectedly been delivered damaged, for which the shipping costs are higher than the price of the replacement item, will not be replaced, but credited.

Article 16: Complaints procedure
1. The consumer must inspect the delivered goods (or have them inspected), immediately at the moment the products are made available to him. In doing so, the consumer should examine whether the quality and/or quantity of the delivered goods correspond to what has been agreed. Complaints about the implementation of the agreement must be submitted fully and clearly described by e-mail to the entrepreneur within 7 days after delivery of the goods. After 14 days the right to complain expires.
2. "Toys and Tools" must be enabled to check submitted claims
3. Complaints that only concern part of the delivered goods cannot lead to rejection of the entire delivery.
4. Complaints submitted to the entrepreneur will be answered within a period of 7 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 7 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.

5. In the event of complaints, a consumer must first turn to the entrepreneur. In the event of complaints that cannot be resolved in mutual consultation, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. If a solution has not yet been reached, the consumer has the option of having his complaint handled by the independent disputes committee appointed by Stichting WebwinkelKeur, the decision of which is binding and both entrepreneur and consumer agree to this binding decision. There are costs associated with submitting a dispute to this disputes committee, which must be paid by the consumer to the relevant committee. It is also possible to register complaints via the European ODR platform (http://ec.europa.eu/odr).

Article 17: Privacy
1. The company will treat your personal data confidentially and will not make it available to third parties.
2. Personal data will only be used by the company for the implementation of the agreement
3. You can view or change your personal data at any time using your personal login account of the Toy Specialist Shop “Toys and Tools”. You can also have your personal data removed by sending a written request to [email protected].

Additional return conditions:

The following products are subject to our additional terms and conditions:

All variants Mohdoh.
Our Mohdoh jars are closed with a fresh seal. Because Mohdoh can dry out from opening and using it, we can no longer reimburse this product after breaking this seal. If the product is not good, we can send you another jar and or offer you a shop credit.

All Aquaria (water-filled) lamps and bubble tubes (with fake jellyfish, fake fish and balls) may only be tested dry to determine whether the product may be defective. After dry testing you are still entitled to the normal return conditions and therefore your money back. If you use the lamp with water, if you are not satisfied or if the product does not work properly, we can only send you a replacement product or offer a store credit. We cannot sell the lamps if they have been wet. For that reason we cannot refund the amount paid.

Chewlery - chewtoys

For hygienic reasons, we cannot take back used chew jewelry.

Specialized toy store Toys and Tools sells toys and play materials for children with and without disabilities and is located at Vrouwenlaan 21, 8017 HB Zwolle. Toys and Tools your specialist in the field of adapted and suitable toys.

Additional return conditions:

The following products are subject to our additional terms and conditions:

All variants Mohdoh. Our Mohdoh jars are closed with a fresh seal. Because Mohdoh can dry out from opening and using it, we can no longer reimburse this product after breaking this seal. If the product is not good, we can send you another jar and or offer you a shop credit.

All Aquaria (water-filled) lamps and bubble tubes (with fake jellyfish, fake fish and balls) may only be tested dry to determine whether the product may be defective. After dry testing you are still entitled to the normal return conditions and therefore your money back. If you use the lamp with water, if you are not satisfied or if the product does not work properly, we can only send you a replacement product or offer a store credit. We cannot sell the lamps if they have been wet. For that reason we cannot refund the amount paid.