General terms and conditions
Article 1 Definitions
In these general terms and conditions, the following terms are used in the following sense, unless expressly indicated otherwise or the context shows otherwise:
a. Kids Department: the user of these general terms and conditions:Kids Departmentocated at theHerenstraat 71a in Wateringen,registered with the Chamber of Commerce under Chamber of Commerce number 56727852, with the e-mail addressklantenservice@kidsdepartment.nland with the VAT number NL001716846B74;
b. customer: any natural person with whomKids Department enters into an agreement;
c. agreement: the agreement between the customer andKids Department;
d. product: any good to be delivered or delivered by Kids Departmenton the basis of the agreement;
e. website: the website https://www.kidsdepartment.eu/.
Article 2 General
2.1 Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing or electronically.
2.2 The applicability of any purchase or other conditions of the customer is expressly rejected.
2.3 If one or more of the provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions remain fully applicable. Kids Departmentand the customer will then enter into consultation in order to agree on new provisions to replace the void or voided provisions, taking into account if and as much as possible the purpose and intent of the original provision.
Article 3 Offers and quotations
3.1 On the website, in catalogs and mailings an attempt is made to match the images as closely as possible with reality. Obvious typing errors are reserved.
3.2 The prices stated for the products offered are in euros including VAT and excluding shipping costs.
3.3 Offers do not automatically apply to future assignments.
Article 4 Conclusion of the agreement
4.1 The agreement is concluded at the moment of acceptance by the customer of the offer and the fulfillment of the associated conditions.
4.2 If the customer has accepted the offer electronically, Kids Department will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed, the customer can dissolve the agreement.
Article 5 Price change
5.1 If the prices for the products offered increase after the conclusion of the agreement, the customer is authorized to terminate the agreement on the day on which the price increase takes effect.
5.2 Price increase after the conclusion of the agreement is permitted if the price increase is the result of a statutory regulation or provision.
Article 6 Deliveries and delivery terms
6.1 The ordered products will be shipped to the address specified by the customer, until the customer has provided Kids Department with a new address.
6.2 The delivery times specified by Kids Department start at the moment the order is confirmed.
6.3 A contribution to the shipping costs is stated separately on the website prior to the time of ordering.
6.4 As soon as the products to be delivered have been delivered to the customer at the destination, the risk with regard to these products is transferred to the customer.
Article 7 Payment
7.1 Payment can be made in the following ways, among others:
a. through Ideal;
b. by bank transfer;
c. through Paypal;
d. by cash payment on collection;
7.2 If the payment is made by bank transfer, the payment of the invoice amount must be paid within 5 working days after the creation date, in a manner to be indicated by Kids Department in the currency in which it is declared.
7.3 If the customer fails to pay within the period of 14 days or is reversed by the customer and the invoice amount is not paid within 14 days after delivery, the customer is legally in default. The customer then owes statutory interest. The interest on the amount due and payable will be calculated from the moment the customer is in default until the moment of payment of the full amount. If the customer continues to fail to pay the claim after a reminder and notice of default, Kids Departmentcan hand over the claim, in which case the customer is also obliged to pay all judicial and extrajudicial costs in addition to the total amount owed and the statutory interest.
7.4 In the event of liquidation, bankruptcy, attachment or suspension of payment of the customer, the claims of Kids Department on the customer are immediately due and payable.
Article 8 Dissolution
8.1 The customer has the right to dissolve the agreement during 14 days after receipt of the product without stating reasons and only to return the delivered product in its entirety, if unused and provided with its original labels, packaging, etc. Kids Department will such dissolution will refund any monies already paid within 10 working days of receipt of the product.
8.2 If the customer dissolves the agreement in accordance with paragraph 1 of this article, the shipping costs associated with returning the product are for the customer's account.
8.3 If the customer has received a notice of default from Kids Departmentand the customer has not fulfilled his obligations arising from the agreement within the period specified therein, Kids Department has the right to dissolve the agreement.
8.4 Kids Department is also authorized to dissolve the agreement (or have it dissolved) if circumstances arise that are of such a nature that fulfillment of the agreement is impossible or can no longer be required according to standards of reasonableness and fairness, or if other circumstances arise which nature that unaltered maintenance of the agreement cannot reasonably be expected.
Article 9 Complaints procedure and limitation
9.1 Kids Department recommends that you inspect the delivered products immediately upon receipt and that you report any defects in writing, including photos, within a reasonable time.
9.2 Complaints can be reported in writing or by e-mail to: Kids Department stating: Complaint Street Address, ZIP/Postal Code, City email:Sender Email
9.3 Complaints are handled byKids Departmentwithin 15 days. In the unlikely event that handling a complaint within the period of 15 days is not possible, the customer will be informed of the delay.
9.4 Products recognized by Kids Department as faulty will either be repaired or replaced, or credited with the purchase price. The costs associated with repairing or replacing faulty products are for the account of Kids Department.
9.5 If the complaint has not been satisfactorily resolved, the customer has the option of submitting the complaint to the Geschillencommissie Thuiswinkel, Postbus 90600, 2509 LP Den Haag, against payment of the complaint fee.
9.6 The decision of the Thuiswinkel Disputes Committee is binding on the parties. If the customer is (partially) in favour, the complaint fee will be (partially) refunded to the customer.
9.7 The foregoing does not affect the right to submit a dispute to the competent court.
9.8 All claims against Kids Department that have not been submitted to Kids Department within 2 years after their origin, expire due to prescription.
Article 10 Returns
Kids Department does its utmost to deliver all orders perfectly. However, if an item does not meet expectations, it can be returned. NB! Items purchased with a discount from 60% can no longer be returned.
Some conditions apply to returns.
• Return the order (or part of it) with the enclosed packing slip. The return cannot be processed without a packing slip.
• Return address: Kids Department, stating return with the order number or invoice number, Street Address, ZIP/Postal Code City.
• The shipping costs of the item to be returned are for the account of the buyer.
• The choice of carrier is up to the buyer. This person is responsible for the return shipment until we have received it in good order.
• Items can be returned within 14 days after delivery of the order.
• Items must be returned in their original condition, with price tags attached.
• Items must be unworn and undamaged. (So not washed, not repaired or if you do not follow the instructions for use / instructions.)
• If the order has been shipped for free and part of the order is returned, so that the new order amount falls below the free shipping limit, the free shipping will expire. These costs will be deducted from the return amount. If all these conditions are met, the shipment will be accepted as return. The amount paid by you (with any settlement of the shipping costs) will be refunded by Kids Department within 10 working days to the specified account number with which the payment was made.
Article 11 Force majeure
In the event of force majeure, Kids Department is not obliged to compensate the damage caused to the customer, except and insofar as Kids Department has had an advantage as a result of the force majeure situation that it would not have had if it had been fulfilled correctly.
Article 12 Confidentiality
12.1 Both parties are obliged to maintain the confidentiality of all confidential information that they have obtained from each other or from another source in the context of their agreement. Information is considered confidential if this has been communicated by the other party or if this results from the nature of the information. The party receiving confidential information will only use it for the purpose for which it was provided.
12.2 If, on the basis of a statutory provision or a court decision, Kids Department is obliged to provide confidential information to third parties designated by the law or the competent court, and Kids Department cannot invoke a legal or competent court recognized or permitted right of non-disclosure, then Kids Departmentis not obliged to pay compensation or compensation and the customer is not entitled to dissolve the agreement on the basis of any damage caused by this.
Article 13 Intellectual property rights
13.1 The customer must fully and unconditionally respect all intellectual property rights that rest on the products delivered by Kids Department.
13.2 Without the prior written or electronic consent of Kids Department, the customer may not copy, forward, distribute, reproduce or publish any information, texts, logos, brands, trade names and images obtained through the website.
Article 14 Security and internet
Kids Departmentwill take appropriate security measures to protect the website against the risks of unauthorized access to or alteration, destruction or loss of the data entered by the customer via the website, but Kids Department cannot make any guarantees in this regard.
Article 15 Final provisions
15.1 The version of the general terms and conditions that applied at the time of the conclusion of the agreement is always applicable, unless the customer has accepted the validity of a revised version of the general terms and conditions after the agreement has been concluded.
15.2 Parties will only appeal to the Thuiswinkel Disputes Committee or to the courts after they have made every effort to settle a dispute in mutual consultation.
15.3 If there is a dispute and Kids Department has notified the customer that it wishes to make use of the binding advice procedure referred to in Article 9 of these general terms and conditions, the customer has the authority to submit the dispute 2 months after this notification. submit to the competent court.
15.4 Dutch law applies to every agreement between Kids Department and the customer.
Last change conditions 20-01-2022, please note: The terms and conditions have been translated into English via google translate. Subject to typing errors.