1. Article   1 – Definitions
  2. Article  2 – Identity of the entrepreneur
  3. Article  3 – Applicability
  4. Article  4 – The offer
  5. Article  5 – The contract
  6. Article  6 – Right of withdrawal
  7. Article  7 – Consumers obligations during the reflection period
  8. Article  8 – Exercising the consumers right of withdrawal and costs
  9. Article  9 – The price
  10. Article 10 – Conformity and warranty 
  11. Article 11 – Delivery and execution
  12. Article 13 – Payment
  13. Article 14 – Complaints procedure
  14. Article 15 – Disputes 

 

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Reflection period: the period within which the consumer can exercise their right of withdrawal;
2. 
Consumer: the natural person who does not act in the course of a profession or business and enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Continuing performance contract: a distance contract relating to a series of products and/or services, with the performance and/or delivery obligations spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the consumer’s ability to withdraw from the distance contract within the reflection period;
7. 
Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
8. Distance contract: a contract concluded in the context of an organized system for distance selling of products and/or services, where exclusive use is made of one or more means of distance communication up to and including the moment the contract is concluded;
9. Means of distance communication: any means that can be used to conclude a contract without the consumer and entrepreneur being simultaneously present in the same space.
10. General Terms and Conditions: these present General Terms and Conditions of the entrepreneur.

 


Article 2 – Identity of the 
entrepreneur

ABEL v.o.f.
Oosterstreek 10
8388ND. Oosterstreek
The Netherlands
Mail address: info@abelwoodentoys.com
Chamber of Commerce: 6684277
VAT identification number: NL856720707B01

 

Article 3 – Applicability

  1. These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
    2. Prior to the conclusion of the distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated before the distance contract is concluded that the general terms and conditions can be viewed at the entrepreneur’s premises and will be sent to the consumer free of charge upon request as soon as possible.
    3. If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable medium. If this is not reasonably possible, it will be indicated before the distance contract is concluded where the general terms and conditions can be viewed electronically and that they will be sent to the consumer free of charge upon request, either electronically or by other means.
    4. If alongside these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs shall apply mutatis mutandis, and the consumer can always invoke the provision that is most favorable to them in case of conflicting general terms and conditions.
    5. If one or more provisions in these general terms and conditions are null and void or are annulled at any time, the remaining provisions of the agreement and these terms and conditions shall remain in full force and the null and void or annulled provision(s) shall be replaced without delay by a provision that reflects the purpose of the original provision(s) as closely as possible.
    6. Any situations not regulated by these general terms and conditions shall be assessed in the spirit of these general terms and conditions.
    7. In case of any ambiguity regarding the interpretation or content of one or more provisions of our terms and conditions, the provisions shall be interpreted in the spirit of these general terms and conditions.

Article 4 – The offer

  1. If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer

  2. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the entrepreneur makes use of images, these will be a true representation of the products and/or services offered. Obvious errors or mistakes in the offer do not bind the entrepreneur.

  3. Each offer will contain such information that it is clear to the consumer what rights and obligations are attached to accepting the offer.

  4. If an offer has a limited duration or is made subject to conditions, this will be explicitly stated in the offer

Article 5 – The contract

  1. The contract shall be concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and meets 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 the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.

  3. If the contract 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 observe appropriate security measures.
  4. The entrepreneur can, within legal frameworks, gather information about the consumer’s ability to fulfill their payment obligations, as well as all facts and factors relevant to responsibly concluding the distance contract. If, based on this investigation, the entrepreneur has good reasons not to enter into the contract, they are entitled to refuse an order or request, providing reasons, or to attach special conditions to the implementation.
  5. The entrepreneur shall send the following information with the product or service to the consumer, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

    1. the visiting address of the entrepreneur’s business location where the consumer can go with complaints;
    2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
    3. information about after-sales service and warranties;
    4. the price including all taxes on the product or service, where applicable, the costs of delivery, and the method of payment, delivery, or implementation of the distance contract;
    5. the requirements for canceling the contract if the contract has a duration of more than one year or is of indefinite duration;
    6. if the consumer has a right of withdrawal, the model withdrawal form.

    In the event of a continuing performance contract, the previous paragraph only applies to the first delivery.

Article 6 – Right of Withdrawal

For products:

1. The consumer can terminate an agreement regarding the purchase of a product during a reflection period of at least 14 days without giving reasons. The entrepreneur may ask the consumer about the reason for the withdrawal but cannot oblige them to state their reason(s).
2. The reflection period mentioned in paragraph 1 starts on the day the product is received by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
3. If the consumer has not been provided with the legally required information about the right of withdrawal or the model withdrawal form, the reflection period expires twelve months after the end of the original reflection period, as determined in accordance with the previous paragraphs of this article.
4. If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months after the starting date of the initial reflection period, the reflection period will expire 14 days after the day on which the consumer received that information.

 

 

Article 7 – Consumer’s Obligations during the Reflection Period

  1. During the reflection period, the consumer shall handle the product and packaging with care. They shall only unpack or use the product to the extent necessary to determine the nature, characteristics, and functioning of the product. The principle here is that the consumer may only handle and inspect the product as they would be allowed to do in a physical store.

  2. The consumer is liable for any decrease in the value of the product that is a result of their handling of the product beyond what is permitted in paragraph 1.

  3. The consumer is not liable for the decrease in value of the product if the entrepreneur has not provided them with all legally required information about the right of withdrawal before or at the conclusion of the contract.

  4. If the consumer exercises his right of withdrawal, the costs of returning the goods shall be borne by him.

Article 8 – Exercising the Consumers Right of Withdrawal and Costs

  1. The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal shall only apply if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the contract.

  2. Exclusion of the right of withdrawal is only possible for products that:

  3. Have been customized or tailored to the consumer’s specifications by the entrepreneur.

  4. Are clearly of a personal nature.

  5. Cannot be returned due to their nature.

Article 9 – The price

  1. During the validity period stated in the offer, the prices of the offered products and/or services will not be increased, except for price changes due to changes in VAT rates.

  2. Notwithstanding the previous paragraph, the entrepreneur may offer products or services with variable prices that are tied to fluctuations in the financial market and over which the entrepreneur has no control. These fluctuations and the fact that any prices mentioned are indicative prices will be stated in the offer.

  3. Price increases within 3 months after the conclusion of the agreement are only allowed if they result from legal regulations or provisions.

  4. They result from legal regulations or provisions; or

  5. The consumer has the right to terminate the agreement from the day on which the price increase takes effect.

  6. Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: The prices mentioned in the offer of products or services include VAT.

  7. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications mentioned in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for purposes other than normal use.

  2. Any warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur based on the agreement.

  3. Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks of delivery. The products must be returned in their original packaging and in new condition.

  4. The warranty period of the entrepreneur corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.

  5. The warranty does not apply if:
    – The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties.
    – The delivered products have been exposed to abnormal conditions or have been handled carelessly in any other way or are in violation of the instructions of the entrepreneur and/or have been treated contrary to the packaging instructions.
    – The defectiveness is wholly or partially the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

  1. The entrepreneur will exercise the utmost care when receiving orders for products and assessing requests for the provision of services, as well as in the execution thereof.

  2. The consumer’s address, as provided to the company, shall be considered the place of delivery.

  3. Subject to the provisions of Article 4, the company will fulfill accepted orders promptly and no later than within 30 days, unless the consumer has agreed to a longer delivery period. If there is a delay in delivery or if an order cannot be executed or can only be partially executed, the consumer will be notified of this no later than 30 days after placing the order. In such cases, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to any compensation.

  4. All delivery times are indicative, and the consumer cannot derive any rights from any stated deadlines. Exceeding a deadline does not entitle the consumer to any compensation.

  5. In the event of dissolution in accordance with the provisions of Article 3, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after dissolution.

  6. If it appears that delivery of an ordered product is impossible, the entrepreneur will make every effort to provide a replacement item. The consumer will be clearly and comprehensibly informed, at the latest upon delivery, that a replacement item will be provided. The right of withdrawal cannot be excluded for replacement items. Any costs associated with the return shipment will be borne by the entrepreneur.

  7. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and notified representative, unless expressly agreed otherwise.

 

Article 12 – Payment

  1. Payment is required prior to the shipment of the products.

  2. The consumer has the obligation to immediately notify the entrepreneur of any inaccuracies in the provided or stated payment details.

  3. In the event of consumer default, the entrepreneur has the right, subject to legal limitations, to charge the reasonable costs previously made known to the consumer.

    Artikel 13 – Complaints procedure

  1. The entrepreneur has a clearly communicated complaints procedure and handles complaints in accordance with this procedure.
  2. Complaints regarding the execution of the agreement must be submitted to the entrepreneur within 7 days after the consumer has discovered the defects, providing a complete and clear description.
  3. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.
  4. If the complaint cannot be resolved through mutual agreement, a dispute arises that is subject to the dispute resolution procedure.
  5. In case of complaints, the consumer should first contact the entrepreneur.
  6. A complaint does not suspend the obligations of the entrepreneur unless otherwise indicated in writing by the entrepreneur.
  7. If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.

Artikel 14 – Disputes

  1. Dutch law exclusively applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
  2. The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply.