Table of Contents:

Article 1 – Definitions

Article 2 – Identity of MOTSUTOYS

Article 3 – Applicability

Article 4 – The offer

Article 5 – The contract

Article 6 – Right of withdrawal

Article 7 – Costs in case of withdrawal

Article 8 – Exclusion of right of withdrawal

Article 9 – The price

Article 10 – Compliance and Warranty

Article 11 – Delivery and implementation

Article 12 – Payment

Article 13 – Complaints

Article 14 – Disputes

Article 15 – Additional or different terms

Article 1 – Definitions

In these terms and conditions shall apply:

  1. Withdrawal period: the period during which the consumer can exercise his right of withdrawal;
  2. Consumer: > Consumer: the natural person who is not in the performance of a profession or business and who enters a distance contract with MOTSUTOYS;
  3. Day: calendar day;
  4. Extended transaction: a distance contract concerning a range of products and/or services, the supply and/or purchase is spread over time;
  5. Durable medium: any means that the consumer or business that enables information to him personally is directed to store in a way that future consultation and unaltered reproduction of the stored information.
  6. Right of withdrawal: Right of Withdrawal: The ability for consumers to waive the distance contract within the reconsideration period.
  7. Entrepreneur: Entrepreneur: the natural or legal entity that supplies products and / or remote services to the consumer;
  8. Distance contract: an agreement in which, within the framework of an organized system developed by the entrepreneur for the selling of products and / or services at a distance, up to and including the ending of the contract all communication concerning the agreement is exclusively conducted by one or more means of distance communication;
  9. Technology for distance communication: a means that can be used to conclude a contract, without the consumer and entrepreneur having to come together physically.

 

Article 2 – Identity of the entrepeneur

Motsutoys B.V.
Penningweg 23
4879 AE Etten-Leur
The Netherlands

Phone: +31 (0)13 2032177  (Mon-Sun 09:00 – 21:00)
E-mail: [email protected]

Chamber of Commerce number: 64482790

VAT identification number: NL855684793B01 

Article 3 – Applicability

  1. These Terms and conditions apply to every offer of MOTSUTOYS and any agreement reached at a distance between MOTSUTOYS and the consumer.
  2. Before concluding a distance contract, the text of these terms and conditions are made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed that the Terms and Conditions are available for inspection with MOTSUTOYS and will be sent at the request of the consumer as quickly as possible without any charge.
  3. If the distance contract is concluded electronically, then, contrary to the previous paragraph and before the distance contract is concluded, the text of these Terms and Conditions be made available to the consumer electronically in such a way that they can be stored on a durable medium by the consumer in a simple way. If this is not reasonably possible, before the distance contract is concluded, the consumer will be informed of where the Terms and Conditions can be found in electronic form or that they, at the request of the consumer, will be sent electronically or otherwise without charge.
  4. In the event that, in addition to these Terms and Conditions, specific product or service conditions apply, the second and third paragraphs shall apply, and in case of conflicting terms the consumer can always rely on the applicable provisions that are most favorable for him.

 

Article 4 – The offer

  1. If an offer has a limited duration or subject to conditions, this will be explicitly mentioned in the offer.
  2. The offer includes a complete and accurate description of the products and / or services. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images of products, these images are a true representation of the products and / or services. Obvious mistakes or errors in the offer are not binding for MOTSOTOYS.
  3. 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 particular:
    • the price including taxes;
    • any costs of delivery;
    • how the agreement will be concluded and which actions this will require;
    • whether the right of withdrawal is applicable;
    • the method of payment, delivery and performance of the contract;
    • the period for accepting the offer, or the period within which MOTSUTOYS guarantees the price;
    • The height of the tariff for distant communication in case the costs of using the means for distant communication is calculated on a basis other than the regular rate for the used means of communication.
    • Whether the agreement, after the creation will be archived, and if so in what way these consumers can consult this file.;
    • the way in which the consumer, before the conclusion of the contract, can monitor and if necessary edit the data provided by him.
    • any other languages, including Dutch, in which the contract can be concluded;
    • the codes of conduct to which the entrepreneur is subject and the manner in which the consumer can consult this code of conduct through electronic ways. And
    • the minimum duration of the distance contract in the event of an extended transaction.

 

Article 5 – The contract

  1. The agreement is subject to the provisions of paragraph 4, concluded at the time the consumer accepts the offer and meet the corresponding conditions.
  2. If the consumer has accepted offer electronically, the entrepreneur will immediately confirm receipt of electronic acceptance of the offer. Until receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may rescind the contract.
  3. If the agreement is created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transmission of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate safety precautions.
  4. MOTSUTOYS can - within the boundaries set by the law - investigate whether the consumer can meet payment obligations, as well as all facts and factors that are important to a sound conclusion of the distance contract. If the entrepreneur is justified, based on this investigation, not to enter into the contract, he is entitled to refuse an order or to attach special conditions.
  5. The entrepreneur will supply with the product or service the following information 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:
  6. a. the visiting address of the establishment of the entrepreneur where the consumer can lodge complaints;
    b.the conditions and the manner in which the consumer may exercise the right of withdrawal;
    c. information on guarantees and after-sales service;
    d. The information listed in Article 4 paragraph 3 of these Terms and Conditions, unless the entrepreneur already provided this information
    e. the requirements for termination of the contract if the contract has a duration of more than one year or is indefinite.
    f. In the event of an extended transaction is the provision in the preceding paragraph shall apply only to the first delivery.

 

Article 6 – Right of withdrawal

- Please refer to our Return Policy

Article 7 – Costs in case of withdrawal

- Please refer to our Return Policy

Article 8 – Exclusion of right of withdrawal

- Please refer to our Return Policy 

Article 9 – The price

  1. During the period mentioned in the offer prices of the products and/or services will not be increased, except for price changes resulting from changes in VAT rates.
  2. Notwithstanding the preceding paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market over which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that the price may be influenced by them, are stated in the offer.
  3. Price increases within 3 months after the conclusion of the contract are only allowed if they are the result of statutory regulations or provisions.
  4. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has agreed and:
  5. they are the result of statutory regulations or provisions, or
    b. the consumer has the power to terminate as of the date the increase takes effect.
    c. The supply of products prices include VAT.

 

Article 10 – Compliance and Warranty

    1. > MOTSUTOYS guarantees that the products and / or services fulfill the contract, in the mentioned specifications, the reasonable requirements of reliability and/or usability and on the date of the conclusion of the agreement existing legal provisions and/or government regulations . If agreed, MOTSUTOYS also ensure that the product is suitable for other than normal use.
  2. Any warranty provided by the entrepreneur, manufacturer or importer does not affect the statutory rights and claims that the consumer under the contract may assert against the entrepreneur.

 

Article 11 – Delivery

  1. MOTSUTOYS will be the utmost diligence in receiving and in the execution of orders for products and when assessing requests for the provision of services.
  2. The place of delivery is the address that the consumer has made known to the company.
  3. All orders will be expedited within 24 hours after being received. Once handed over to the shipment company delivery time is depended on the country and location within a country.
  4. If delivery of an ordered product proves impossible, the entrepreneur will endeavor to provide a replacement item available. Before the delivery will be clear and comprehensible manner that a replacement item is delivered. For replacement items right of withdrawal can not be excluded. The costs of any returns will be borne by MOTSUTOYS.
  5. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a pre-designated and MOTSUTOYS announced representative, unless otherwise expressly agreed.

 

Article 12 – Payment

  1. Unless otherwise agreed, owed payments by the consumer need to be paid within 14 days of the start of the cooling period referred to in Article 6 paragraph 1. In case of an agreement to provide a service, begins to run after the consumer has received confirmation of the contract.
  2. When selling products to consumers in terms, a prepayment of more than 50% may never be stipulated. If payment is agreed, the consumer may not assert any rights regarding the execution of the order or service (s), before the advance payment has been made.
  3. The consumer has the duty to report any inaccuracies in the supplied or specified payment details to MOTSUTOYS immediately.
  4. In case of default by the consumer, the operator subject to legal restrictions, the right to advance to the consumer reasonable costs to charge.

 

Article 13 – Complaints

  1. MOTSUTOYS has a well-publicized complaints and resolve the complaint under the complaints procedure.
  2. Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint takes a foreseeable longer processing time, then the entrepreneur will respond within the period of 14 days with a message confirming receipt and indicating when the consumer can expect a more detailed answer.
  3. When the trader complaints within a period of 7 days from the date of receipt. If a complaint is a foreseeable longer processing time, then the trader within the period of 3 days responded with a message confirming receipt and indicating when the consumer can expect a more detailed answer.

  4. If the complaint cannot be resolved by mutual agreement this creates a dispute that is subject to the dispute procedure.

 

Article 14 – Disputes

  1. On agreements between MOTSUTOYS and the consumer of these general terms and conditions, only Dutch law.

 

Article 15 – Additional or different terms

Additional or different provisions of these terms should not disadvantage the consumer and should be recorded in writing or in such a way that the consumer in an accessible manner can be stored on a durable medium.