TERMS AND CONDITIONS – TOYISM
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The Netherlands: Minimum order € 100,00.
Europe 1-2 weeks, outside Europe 2-3 weeks
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All prices are subject to typographical or calculation errors. All sales will be manually checked and we might contact you if any errors occur. The recipient of an international shipment may be subject to customs brokerage fees, import duties, and taxes after the shipment reaches the destination country. Additional charges are the responsibility of the recipient because we have no control over these government-imposed charges and cannot determine what they may be. Customs policies vary greatly among countries. Please contact your local customs office for information.
To avoid a delay in receiving your order from customs, consider the following:
- Provide us with a phone number where you can be reached by customs when your product arrives. This phone number will be listed on the commercial invoice so customs can reach you to clear your order.
- Please do not refuse a shipment or ignore requests from carriers regarding duty and/or tax liability charges. Be aware that most carriers will hold a shipment for 5 days after arrival in your country before they return it to the sender.
- We do not refund original shipping charges for goods that are refused for delivery at customs.
- We are not responsible for lost or stolen packages if the carrier claims delivery.
ARTICLE 1 – DEFINITIONS
In these Terms and Conditions, the following terms shall have the following meanings:
Entrepreneur: the natural of legal person providing distance products and/or services to consumers;
Consumer: the natural person not acting in the exercise of his/her profession or business and entering into a distance contract with the entrepreneur;
Distance Contract: a contract in which, up to the conclusion of the contract, exclusive use is made of one or more technologies of distance communication within the scope of the system organised by the Entrepreneur for distance sale of products and/or services;
Technology for distance communication: a means to be used for concluding an agreement, without the consumer and the entrepreneur being together in the same place at the same time;
Cooling-off period: the period during which the Consumer may exercise the right of withdrawal;
Right of withdrawal: the option for Consumers to withdraw from the distance contract within the cooling-off period;
Day: calendar day;
Long-term data carrier: any means that allow the Consumer or the Entrepreneur to store information directed to him/her personally in a way to make future consultation and unaltered reproduction of the stored information possible.
ARTICLE 2 – THE ENTREPRENEUR’S IDENTITY
Entrepreneur: Toyism Studio
Address: Burg. J.G. Legroweg 43D, 9761 TA Eelde, The Netherlands
On weekdays you can reach us by telephone number: +31 (0)6 21218844
Daily between 9am and 5pm (CET, Central European Time)
You can reach us by e-mail at: [email protected]
Chambre of Commerce: 04039638
VAT code: NL102275932B01
ARTICLE 3 – APPLICABILITY
- These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
- Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available to the Consumer. If this is reasonably not possible, the Entrepreneur, before concluding the distance contract, shall notify that the General Terms and Conditions can be inspected at the Entrepreneur’s and that, at the Consumer’s request, they will be sent to the Consumer free of charge as soon as possible.
- If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified when the General Terms and Conditions can be viewed electronically before concluding the distance contract, and that they will be delivered at the Consumer’s request free of charge, either via electronic means or otherwise;
- If in addition to these General Terms and Conditions specific product or service conditions apply, the second and third paragraphs shall apply accordingly, and in the event of contradictory General Terms and Conditions; the Consumer may always appeal to the applicable provision that is most favorable to him/her.
ARTICLE 4 – THE OFFER
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products and/or services offered. The description is suitably detailed to enable the Consumer to assess the products and/or services adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer are not binding for the Entrepreneur.
- All offers contain such information that it is clear to the Consumer what rights and duties are attached to accepting the offer:
- The price
- Any delivery costs, if applicable;
- The way in which the agreement will be concluded, and what actions are needed to establish this;
- Whether or not the right of withdrawal is applicable;
- The form of payment, delivery or performance of the contract;
- The time frame for accepting the offer, or, as the case may be, the time frame for honoring the price;
ARTICLE 5 – THE CONTRACT
- Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
- If the consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm the receipt of the acceptance of the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
- If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
- The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfill his payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract; he is lawfully entitled to refuse an order or request while giving reasons, or to attach special terms to the implementation.
- The Entrepreneur shall send the following information along with the product or service, in writing or in such a way that the Consumer can store it in an accessible manner on a long-term data carrier:
- The visiting address of the Entrepreneur’s business establishment where the Consumer may get into contact for any complaints;
- The conditions on which and the way in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about being exempted from the right of withdrawal;
- The information corresponding to existing after-sales services and guarantees;
- The information as stated in article 4 paragraph 3 of these Terms and Conditions, unless the Entrepreneur has already provided the Consumer with this information before the performance of the contract;
- If the Entrepreneur has undertaken to deliver a series of products or services, the stipulation in the previous paragraph applies to the first delivery only.
ARTICLE 6 – RIGHT OF WITHDRAWAL
- When purchasing products, the consumer has the option to repudiate the contract without specifying any reasons for a period of 14 days. This period starts on the day the product is received by or on behalf of the consumer.
- During this period, the consumer shall handle the product and the packaging with care.
- The consumer is liable for any diminished value of the goods resulting from careless handling of the products/artworks. For instance dents, scratches, stains and cracks will reduce the value of an artwork seriously. For that reason damaged artworks cannot be returned. If wishing to exercise the right of withdrawal, the consumer shall notify Toyisme Studio, Burg. J.G. Legroweg 43D, 9761TA Eelde, The Netherlands, [email protected]
- The consumer can easily report any products he wants to return. This is done by logging into his account on the website of Toyism.com. Here he will find a summary of all his orders and order details. He can access his account by following this link: My Account. To meet the cancellation deadline, it is sufficient for the consumer to send his communication concerning his exercise of the right to cancel before the cancellation period has expired.
- Effects of cancellation. If the consumer cancels this contract, Toyisme Studio will reimburse to him all payments received from him, including the costs of delivery (except for the supplementary costs arising if the consumer chooses a type of delivery other than the least expensive type of standard delivery offered by Toyisme Studio), without undue delay and in any event not later than 14 days from the day on which Toyisme Studio the goods received back and in undamaged condition. In case of damage Toyisme Studio will not accept the returned goods for reimbursement. Toyisme Studio will make the reimbursement using the same means of payment as the consumer used for the initial transaction, unless he has expressly agreed otherwise; in any event, the consumer will not incur any fees as a result of such reimbursement. Returning the cancelled product to Toyisme Studio are done at the consumer’s own cost. The consumer shall send back the goods or hand them over to Toyisme Studio, without undue delay and in any event not later than 14 days from the day on which he has communicated his withdrawal from this contract to Toyisme Studio. The deadline is met if the consumer sends back the goods before the period of 14 days has expired. The consumer will have to bear the direct cost of returning the goods.
- Toyism Studio is not responsible for damage to a product caused by transport upon return delivery. We advise the consumer to always insure return products if the right of withdrawal is used.
ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL
- Should the Consumer exercise the right of withdrawal, only the returning costs are at the Consumer’s expense.
- If the Consumer has made payment, the Entrepreneur shall return this amount as soon as possible, but within not more than 14 days after the return.
ARTICLE 8 – EXCLUSION OF THE RIGHT OF WITHDRAWAL
- If the Consumer does not have the right of withdrawal, the Entrepreneur can exclude this right only if the Entrepreneur indicated this clearly in the offer or at least in good time before concluding the contract.
- The right to cancel does not apply to the following kind of contracts:
Contracts for the supply of goods that are made to the consumer’s specifications or goods that are clearly personalised.
ARTICLE 9 – THE PRICE
- The prices of the products and/or services provided shall not be raised during the validity period stated in the offer, except subject to changes in price due to changes in VAT rates.
- Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
- All prices indicated in the provision of products or services including VAT.
ARTICLE 10 – CONFORMITY AND GUARANTEE
- The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded..
- An arrangement offered as a guarantee by the Entrepreneur, Manufacturer or Importer shall not affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfillment of the Entrepreneur’s obligations based on the law and/or the distance contract.
ARTICLE 11 – DELIVERY AND EXECUTION
- The Entrepreneur shall exercise the best possible care when booking and when executing product orders, and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Consumer to the company.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Company shall execute accepted orders with convenient speed but at least within 30 days, unless a longer delivery period was agreed. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge.
- In the event of repudiation under the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer as soon as possible but at least within 30 days after repudiation.
- If delivering an ordered product turns out to be impossible, the Entrepreneur shall make an effort to offer an equivalent replacement product. Before the delivery, it shall be reported in a clear and comprehensible manner that a replacement product will be delivered. The right of withdrawal may not be excluded with replacement products. The costs of the return shipment are to be borne by the Entrepreneur.
ARTICLE 12 – PAYMENT
- Unless otherwise agreed, the amounts to be paid by the Consumer are to be settled within 14 days after delivery of the goods, or in the event of an agreement to provide a service, within 14 days after the delivery of documents relating to this service.
- When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. When an advance payment was agreed, the Consumer may not assert any right regarding the execution of that order or the provision of the service in question before the agreed advance payment has been made.
- The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details.
- In case of nonpayment on the part of the Consumer, and subject to legal restrictions, the Entrepreneur is entitled to charge any predetermined reasonable costs incurred to the Consumer.
ARTICLE 13 – COMPLAINTS PROCEDURE
- The Entrepreneur shall have a sufficiently notified complaints procedure and shall handle the complaint in accordance with this complaint procedure.
- Complaints about the performance of the contract shall be submitted to the Entrepreneur fully and clearly described within a reasonable time after the Consumer has discovered the defects.
- The complaints submitted with the Entrepreneur shall be replied within a period of 14 days after the date of receipt. Should a complaint demand a foreseeable longer time for handling, the Entrepreneur shall respond within 14 days with a notice of receipt and an indication when the Consumer can expect a more detailed reply.
- If the complaint cannot be solved by joint consultation, there will be a dispute that is open to the dispute settlement rules.
ARTICLE 14 – ADDITIONAL OR VARYING PROVISIONS
Additional provisions of and/or deviations form these General Terms and Conditions may not be to the Consumer’s detriment and must be put in writing or be recorded in such a way that the Consumer can store them in an accessible manner on a long-term data carrier.
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