Terms of service
Article 1 - The Webshop
1.1 These are the general terms and conditions of:
Kiddomus
Bestevaerstraat 160-3
1077 CD Amsterdam
The Netherlands
T (064) 627-8561
E hallo@kiddomus.nl
Chamber of Commerce (KVK) 80729622
VAT number NL861777645B01
1.2 To keep these terms understandable, the following terms have a fixed meaning:
Consumer: The Customer who acts for purposes outside of their trade or professional activity
Right of withdrawal: The right of a Consumer to dissolve a distance contract or an off-premises contract without giving reasons, as referred to in Article 230o of the Dutch Civil Code
Customer: Anyone (including legal entities) who enters into an Agreement with the Webshop
Agreement: Any contractual relationship between the Webshop and the Customer
Webshop: The party named in Article 1.1
1.3 In these general terms and conditions, the Webshop and the Customer are jointly referred to as "We" or "Us." The terms "You" and "Your" refer to the Customer.
Article 2 - Applicability
2.1 These general terms and conditions apply to every offer made by the Webshop and to every Agreement between You and the Webshop. General terms and conditions used by You yourself do not apply, unless the Webshop has confirmed this to You in writing and explicitly.
2.2 If anything in these general terms and conditions is null and void or voidable, all other provisions remain in effect. In that case, We will together make new arrangements that replace the null or voidable provisions. The intent of the new provision(s) must resemble the intent of the original provision(s) as closely as possible.
2.3 If the Agreement states something different from these general terms and conditions, what is stated in the Agreement applies. In this way, we can also make arrangements that deviate from what is stated in these general terms and conditions. However, arrangements that deviate from these general terms and conditions only apply if the Webshop has confirmed this to You in writing and explicitly.
Article 3 - Offers
3.1 Every offer made by the Webshop is without obligation and can be accepted by You within the period stated in the offer. If You do not do so, the offer lapses. If no period is stated, a period of 14 days applies. It is not possible to accept or reject only part of an offer made by the Webshop. In that case too, the (entire) offer lapses.
3.2 The Webshop ensures that an offer accurately and completely describes the products and/or (digital) content and services to which the offer relates. If the offer contains graphic elements (such as images or videos), these provide a true representation of those products and/or (digital) content and services.
3.3 If an offer contains an obvious mistake or error (such as a typing error or calculation error), the Webshop is not bound by the offer.
Article 4 - Performance of the Agreement and Delivery
4.1 You have an Agreement with the Webshop from the moment You have accepted the Webshop's offer and have met the requirements stated by the Webshop in that regard. Within a reasonable period after the Agreement is concluded, You will receive confirmation of this from the Webshop, in any case upon delivery of the goods, or before the service is performed. That confirmation contains: all information referred to in Article 230m paragraph 1 of the Dutch Civil Code, unless You have already received this on a durable medium from the Webshop prior to concluding the Agreement; and, where applicable, confirmation of the express prior consent and the statement referred to in Article 230p, subsection g, of the Dutch Civil Code. As long as You have not yet received the confirmation referred to above, You may dissolve the Agreement.
4.2 The Webshop will do its best to perform the Agreement as carefully and quickly as possible and to deliver orders placed by You as quickly as possible. The Webshop will do so in any case within 30 days after the Agreement has been concluded, unless a different delivery period has been agreed. If the Webshop fails to deliver within that period, You may dissolve the Agreement.
4.3 Deliveries are made to the address You have provided to the Webshop. If that address is located outside the Netherlands, the Webshop has the right to refuse Your order, without the Webshop being liable for any compensation.
4.4 The Webshop carefully determines who within its organization is assigned to perform the Agreement. The Webshop may also engage third parties for this purpose, such as subcontractors and/or auxiliary persons. The Webshop will inform You in advance of the party it engages for the delivery of ordered products. If products are lost or damaged during that delivery, this is at the risk of the Webshop. This is only different if You have expressly agreed otherwise with the Webshop.
4.5 You must provide the Webshop in good time with all information that the Webshop has indicated is necessary for the performance of the Agreement, or that You should reasonably understand to be necessary. If You fail to do so, the Webshop may, among other things, suspend performance of the Agreement. In addition to the right to suspend the Agreement, the Webshop may continue to exercise any other rights it may have.
Article 5 - Prices
5.1 If You are a Consumer: prices and rates stated by the Webshop are stated inclusive of surcharges, levies, and taxes (such as VAT) and inclusive of additional costs (such as any shipping and administration costs). If You are not a Consumer, the starting point is that prices are stated exclusive of VAT and other levies, unless stated explicitly otherwise with the price.
5.2 For products and/or services whose price is linked to fluctuations in the financial market(s) over which the Webshop has no influence, the Webshop may offer these at variable prices. The Webshop will clearly indicate this with the price.
5.3 The Webshop has the right to implement price changes within 3 months after the Agreement has been concluded, insofar as these result from a change in laws and regulations. If more than 3 months have passed since the Agreement was concluded, the Webshop also has the right to pass on increases in delivery, transport, shipping, call-out, and administration costs to You.
5.4 If You are a Consumer, You have the right to dissolve the Agreement in the event of the price increases referred to in Article 5.3. If You are not a Consumer, You only have the right to dissolve the Agreement if the increase amounts to more than 5% of the agreed total price, unless the Webshop offers to bear the price difference itself (insofar as it exceeds the aforementioned 5%).
Article 6 - Payment
6.1 You are obliged to pay invoices from the Webshop within 14 days after the Agreement is concluded, unless You have agreed otherwise with the Webshop. If You are a Consumer, the Webshop may not, by law, require You to pay more than 50% of the price in advance.
6.2 If You are a Consumer, You are only in default of fulfilling payment obligations once the Webshop has given You notice of default and a reasonable period of at least 14 days (starting on the day after receipt of the aforementioned notice of default) to still fulfil Your payment obligations, and You have also failed to pay within that 14-day period. In that case, You also owe statutory interest and compensation for extrajudicial collection costs. The extrajudicial collection costs amount to (with a minimum of 40 euros):
- 15% on outstanding amounts up to 2,500 euros
- 10% on the next 2,500 euros
- 5% on the next 5,000 euros
- 1% on the next 190,000 euros
- 0.5% on the remainder
6.3 If You are not a Consumer, You may not set off, suspend, and/or reduce payments to the Webshop, and You are immediately in default if You have not made a payment to the Webshop on time. In that case, the Webshop also has the right to charge statutory commercial interest from the due date of the invoice until the day You have paid in full. The Webshop does not need to first send a reminder or notice of default for this. The Webshop may also continue to exercise any other rights it may have against You.
6.4 Payments made by You are first deducted from any interest and costs owed. They are then deducted from the outstanding invoices that have been due for payment the longest.
6.5 In the event of liquidation, dissolution, bankruptcy, or suspension of payment of the Customer, and if the Customer wholly or partially loses free management or free disposal of their assets, the Customer's (payment) obligations become immediately due and payable.
Article 7 - Warranties
7.1 The Webshop ensures that the products and/or services it delivers to You comply with the Agreement. This means, among other things, that those products and/or services meet what You could reasonably expect based on the nature of the item and the statements the Webshop has made about it, for example regarding quantities, size, and/or weight of a product. The products and/or services the Webshop delivers to You also comply with the laws and regulations that apply at the time the Agreement is concluded. If You are not a Consumer, the Webshop may make other or additional arrangements with You.
7.2 If You are a Consumer, any additional guarantees provided by the Webshop never limit the statutory rights of consumers. You can therefore always make use of Your statutory (consumer) rights.
Article 8 - Intellectual Property Rights
8.1 The intellectual property rights, including the copyrights, to all offers, designs, images, drawings, and models that the Webshop provides to You remain with the Webshop, unless the Webshop has agreed otherwise with You in writing and explicitly. Documents, data, and materials provided by the Webshop to You are also intended solely for use by You as a Customer, and You may not reproduce, disclose, or make them known to third parties without the prior written consent of the Webshop, unless the nature of those documents, data, and materials dictates otherwise.
Article 9 - Right of Withdrawal
9.1 If You are a Consumer and there is a distance contract or an off-premises contract (as referred to in Article 6:230g of the Dutch Civil Code), You may exercise the Right of Withdrawal. This means You can dissolve the Agreement without giving reasons within a period of 14 days. That 14-day period begins at the following moments:
a. For an Agreement relating to the purchase of a movable item: on the day on which You or a third party designated by You (who is not the carrier) received the product, unless the same order consists of multiple items delivered separately or the delivery consists of several shipments or parts, in which case the day on which the last item, shipment, or part is received applies; or the Agreement pertains to the regular delivery of products over a certain period, in which case the day on which the first item was received applies.
b. For an agreement to provide services: on the day the Agreement is concluded.
c. For an agreement to supply water, gas, or electricity that are not made ready for sale in a limited volume or fixed quantity, of district heating, or of digital content not supplied on a physical medium: on the day the Agreement is concluded.
9.2 To exercise the Right of Withdrawal, You must inform the Webshop by means of an unambiguous statement that You are exercising the Right of Withdrawal. You may use the withdrawal form provided by the Webshop. The withdrawal form can also be found as an appendix to these general terms and conditions. You must send the statement before the period referred to in Article 9.1 has expired.
9.3 If You have not yet received the withdrawal form from the Webshop, the 14-day period referred to in paragraph 1 of this article is extended until the moment You (still) receive the withdrawal form, but by no more than twelve months.
9.4 If You exercise the Right of Withdrawal, You must: handle received items and their packaging with care. You may only unpack or use the items to the extent necessary to establish the nature, characteristics, and functioning of the item. If You handle the item in any other way, You are liable for any resulting depreciation in value, unless the Webshop failed to provide You with all legally required information about the Right of Withdrawal before or at the conclusion of the Agreement. You must also return the item to the Webshop within 14 days, calculated from the day after the day on which You made the statement referred to in Article 9.2. The direct costs of returning an item are borne by You, but only if the Webshop informed You of this before the Agreement was concluded. You must return the item, as much as possible, with all accessories supplied, in its original condition and packaging, and in accordance with the instructions reasonably and clearly provided by the Webshop.
9.5 If You exercise the Right of Withdrawal, the Agreement is dissolved. This also applies to any supplementary Agreements. In that case, the Webshop will refund the payments You have made to the Webshop, including any costs (for example, for delivery). The Webshop will do so in any case within 14 days after the day on which You made the statement referred to in Article 9.2.
9.6 You bear the risk and burden of proof for correctly and timely exercising the Right of Withdrawal.
Article 10 - Exclusion of the Right of Withdrawal
10.1 If You are not a Consumer, You cannot make use of the Right of Withdrawal, even if You have received a withdrawal form.
10.2 If You are a Consumer, You cannot make use of the Right of Withdrawal, in deviation from Article 9, if the Webshop has excluded the Right of Withdrawal, the Webshop clearly informed You of the exclusion before concluding the Agreement, and the excluded Right of Withdrawal relates to: an Agreement in which the price of the goods or services is linked to fluctuations in the financial markets over which the Webshop has no influence and which may occur within the withdrawal period; an Agreement in which You specifically requested the Webshop to visit You to carry out urgent repairs or maintenance, except for additional services You did not explicitly request and the supply of items other than those necessary for the maintenance or repairs; an Agreement concluded during a public auction; an agreement to provide services, after performance of the Agreement, insofar as the Agreement entails a payment obligation for You, if performance began with Your express prior consent and You declared that You waive the Right of Withdrawal as soon as the Webshop has fulfilled the Agreement; an agreement to provide services relating to the provision of accommodation other than for residential purposes, goods transport, car rental services, catering, and services relating to leisure activities, if the agreement specifies a particular date or period of performance; a consumer purchase (as referred to in Article 5, paragraph 1, subsection a, of Book 7 of the Dutch Civil Code) relating to goods made to Your specifications and not prefabricated; goods that spoil quickly or have a limited shelf life; goods not suitable for return for reasons of health protection or hygiene whose seal has been broken after delivery; goods that after delivery are irreversibly mixed with other goods; alcoholic beverages whose price was agreed at purchase but which can only be delivered after thirty days and whose value depends on market fluctuations; audio and video recordings and computer software whose seal has been broken after delivery; and newspapers, periodicals, or magazines, except regular subscription deliveries; and an agreement for the supply of digital content not supplied on a tangible medium, insofar as performance has begun and the Agreement entails a payment obligation for You, if performance began with Your express prior consent, You declared that You waive the Right of Withdrawal, and the Webshop provided the confirmation required under Article 230t paragraph 2, or Article 230v paragraph 7, of Book 6 of the Dutch Civil Code.
Article 11 - Termination
11.1 If the Agreement can be terminated, termination must take place in accordance with the termination rules and notice period agreed between You and the Webshop.
11.2 If You are a Consumer, the following rules and periods apply with respect to termination. The Webshop may not deviate from these to Your disadvantage as a Consumer. If the Agreement has been entered into for an indefinite period and extends to the regular delivery of goods, including electricity, heating, and cooling, or to the regular performance of services, You have the right to terminate the Agreement at any time. If the Agreement has been entered into for a definite period and extends to the regular delivery of goods or services as described above, You have the right to terminate the Agreement at the end of the fixed term. If that Agreement has been tacitly extended, You may nevertheless terminate the Agreement at any time. The notice period is a maximum of one month, unless the Agreement pertains to the regular delivery of periodicals, daily, news, and/or weekly publications delivered less than once a month, in which case the notice period is a maximum of three months. If the Agreement has been entered into for a definite period and extends to the regular delivery of goods or services as described above, the Agreement may not be tacitly extended or renewed for a definite period, unless it concerns the regular delivery of periodicals, daily, news, and/or weekly publications, in which case it may be tacitly extended for a maximum of three months with a notice period of a maximum of one month at the end of the extension. An Agreement for the delivery of periodicals, daily, news, and/or weekly publications that has a limited duration and is intended as an introduction (a trial subscription) is not tacitly continued and ends automatically (without notice) at the end of the (limited) term of the Agreement (the trial period). Any Agreement lasting longer than a year may be terminated by You at any time after the first year, unless reasonableness and fairness preclude termination before the end of the agreed term.
11.3 If You are not a Consumer, You may only terminate the Agreement if this is explicitly stipulated in the Agreement, and in accordance with the termination rules and notice periods stipulated therein.
Article 12 - Personal Data
12.1 The Webshop processes personal data only in accordance with applicable laws and regulations. This means, among other things, that: the Webshop only processes personal data insofar as such processing can be based on one of the legal grounds set out in Article 6 of the General Data Protection Regulation (GDPR); the Webshop ensures appropriate technical and organizational measures to properly secure the personal data it processes; the Webshop will only share personal data with third parties if this is compatible with the purpose for which the data was collected and if all (other) legal requirements for sharing personal data have been met; personal data is not kept longer than necessary for the purposes for which it was collected, unless the Webshop is legally obliged to retain the data for longer; and You have, among other rights, the right to access, correct, or have Your personal data deleted, to have the processing restricted, to object to processing, or, where applicable, to data portability.
Article 13 - Complaints
13.1 The Webshop has a clear complaints procedure. The Webshop handles every complaint in accordance with this complaints procedure.
13.2 If You have a complaint about the performance of the Agreement, You must submit it to the Webshop fully and clearly described within two months after You discovered the defect.
13.3 The Webshop will respond as much as possible within 14 days of receiving the complaint. If a complaint requires a longer processing time, You will receive an acknowledgment of receipt within the aforementioned 14-day period, which will in any case include an indication of when You can expect a more detailed response.
13.4 In the event of complaints, You must always first contact the Webshop and investigate whether the Webshop can offer You an appropriate solution. If the Webshop is affiliated with WebwinkelKeur and the parties are unable to reach an agreement, You may turn to WebwinkelKeur (www.webwinkelkeur.nl). WebwinkelKeur mediates free of charge. You can check whether the Webshop has an active membership via https://www.webwinkelkeur.nl/ledenlijst/.
13.5 If mediation by WebwinkelKeur does not lead to a solution, You may also submit the complaint to the independent dispute committee designated by WebwinkelKeur. If You choose this option, costs may be charged to You.
Article 14 - Governing Law and Choice of Forum
14.1 The Agreement is governed exclusively by Dutch law.
14.2 In addition to the option of using the complaints procedure described in Article 13, You may submit disputes to the court. In such cases, the court of the district in which the Webshop is established has jurisdiction to hear the dispute, to the exclusion of other competent courts and arbitration, unless a court in another location has jurisdiction under a mandatory statutory provision.