GENERAL TERMS AND CONDITIONS
FOR CUSTOMER ORDERS PLACED VIA THE INTERNET FROM DENMARK
The terms used in these general conditions ("the Conditions") are defined as follows:
- We (Us and Our): the private company with limited liability Playmobil Benelux B.V., with its registered offices in Gorinchem and its principal place of business at Parklaan 31, 4702 XA Roosendaal, correspondence address Nispensestraat 102, 4701 CZ Roosendaal (email address: firstname.lastname@example.org) and filed in the Commercial Register under number 23053624 and with VAT number NL 007591020 B01;
- You (and Your): all natural persons with whom we enter into a Contract, or to whom we make an offer or in whose regard we perform any (juristic) act;
- Contract: all contracts entered into between You and Us;
- Products: all goods that are the subject of a Contract.
Scope of Application
- These Conditions form an integral part of all Contracts.
- Amendments to these Conditions or deviations from specific elements of the Contract are not binding to Us other than if We have confirmed our acceptance of those changes or deviations in writing.
Offers and Contract
- All offers are subject to contract unless the offer contains an express statement to the contrary.
- A Contract is initially formed once We have expressly confirmed the order or if We have implemented the order.
- The delivered Products can deviate on subordinate points from the images and specifications given on the website. You do not have the right to have the contract rescinded if the lack of conformity to the images and specifications given on the website is minor.
Prices and payments
- All prices given on the website are subject to change. All prices are in Danish Kroner and include VAT and do not include shipping charges or any costs of returns.
- Your payment must be made at all times by credit card.
- The delivery times given on the website are no more than indicative. However, we shall attempt to perform an order within 30 days after the order. If an ordered product is not deliverable within these 30 days, we shall inform you and refund you.
- The Products are delivered exclusively in Sweden/Denmark.
- You are obliged to thoroughly inspect the Products for defects upon delivery. You have the right to dissolve the Contract, without giving reasons, in full or in part, within two weeks of receiving the ordered Products. The Contract can be dissolved by means of a written notification or an email addressed to Playmobil Northern Europe, attn. Consumer Service Nordic, Blarenberglaan 3A 5, 2800 Mechelen, Belgium or email@example.com. You can then send the ordered products to the address given to you for that purpose. Amounts that you have already paid for returned Products will be repaid to you within 30 days of the Contract being dissolved. We reserve the right to refuse returned Products or to credit only part of the amount already paid if they are not returned in the condition in which You received them for causes that can be attributed to You.
- In the absence of statement to the contrary, all Products are covered by a guarantee period of three years from the date of delivery. This guarantee is valid exclusively for Products delivered in Denmark. The guarantee covers the replacement or – to be decided at Your discretion - the repair, free of charge, to the best of our ability, of any material or manufacturing errors in the delivered Products during the guarantee period, provided that those errors are reported to Us in writing or by email with a detailed description during the aforesaid guarantee period. All replaced components become Our property. Rather than repairing or replacing the delivered Product, We can also opt to reimburse the purchase price. These guarantee provisions do not affect your statutory rights and claims, such as the right to dissolution and compensation for damages. All of your complaints must be accompanied by a clear written specification of the complaint and a copy of the purchase invoice.
- We are exclusively liable to You for damages as provided for in this article 8.
- In the event of an attributable non-compliance with the Contract on Our part, We are exclusively liable for the direct damages arising thereof and provided that We are first held immediately and properly in default and given a reasonable period in which to as yet meet Our obligations. "Direct damages" are defined exclusively as: damage to the delivered Products, damage to other property of Yours and personal injury.
- Our total liability for attributable non-compliance with the Contract is limited for each occurrence to payment of the direct damages up to a maximum of the amount paid by You to Us for the relevant Product, not including VAT and other costs, and where a series of occurrences is deemed to be a single occurrence unless agreement to the contrary is made under mutual consultation. The compensation will not in any event exceed EUR 250 unless the insurance We have taken out pays out a higher amount in the case in question.
- We cannot under any circumstances be held liable for indirect losses, including the loss of data or consequential losses.
- The provisions of the previous paragraphs do not affect Our liability in respect of product liability.
- We will not invoke limitations of liability if the loss in question was caused by Our intentional act or omission or wilful recklessness or that of Our managerial employees forming part of the executive board or company management.
- You do not acquire any intellectual property rights in respect of the Products. You are not permitted to modify or remove the brand or identification marks on the Products or their packagings or to modify the products or any part thereof or to copy them.
- Force majeure on Our part is defined (among other things) as: work strikes, company sit-ins and lock-outs, riot, stagnation or other production problems or problems with Our suppliers and/or transport provided by ourselves or by third-parties and/or devaluation, increases in import duties and/or excise duties and/or taxes and/or statutory measures, as well as the lack of any permit to be obtained from the government, sickness or lack of personnel for any other reason.
- In cases of force majeure the obligation of the party invoking force majeure shall be suspended for the period of the force majeure.
- We shall process Your personal details in conformity with the current privacy regulations and Our privacy statement.
Applicable law and court of competent jurisdiction
- The Conditions and the Contract shall be governed by the laws of the Netherlands. The applicability of the Vienna Sales Convention of 1980 (CISC) is excluded.
- All disputes arising from the Contract or these Conditions shall be referred in the first instance exclusively to the court with competent jurisdiction in Your elected domicile or actual place of residence.
OS Platform for extrajudicial online dispute resolution
According to EU regulation Nr. 524/2013 the European Commission has established an interactive website for the extrajudicial settlement of online legal transactions.