General terms and conditions of Poppedoll, located in Den Bosch.
Version valid from 02-08-2014.
1.1 These general terms and conditions apply to all products of Poppedoll. The conditions are
For each one accessible and included on the internet site of Poppedoll. On request we will send you a written copy.
1.2 By placing an order you acknowledge that you agree with the terms of delivery and payment. Poppedoll reserves the right to change its delivery and/or payment conditions after expiry of the term.
1.3 unless otherwise agreed in writing, the general or specific terms or conditions of third parties shall not be recognised by Poppedoll.
1.4 Poppedoll guarantees that the delivered product is in compliance with the agreement and meets the specifications stated in the offer.
2.1 Delivery takes place as long as the stock lasts.
2.2 Under the rules of the distance purchase, Poppedoll will execute orders at least within 30 days. If this is not possible (because the ordered is not in stock or is no longer available), or there is delay for other reasons, or an order cannot be executed or only partially, the consumer will receive within 1 month after the placement of the Order message and in that case he has the right to cancel the order without penalty and notice.
2.3 The obligation of delivery of Poppedoll will be fulfilled, except for proof of receipt, as soon as the
Poppedoll delivered to the customer once. When delivered to the house, the carrier's report, withholding the refusal of acceptance, extends to complete proof of supply.
2.4 All the deadlines mentioned on the Internet site are indicative. Therefore, no rights can be derived from these deadlines.
3.1 Prices shall not be increased within the period of the offer, unless legal measures make it necessary or if the manufacturer makes intermediate price increases.
3.2 All prices on the site are subject to pressure and typographical. No liability is accepted for the consequences of pressure and typographical.
3.3 All prices on the site are in Euros and include 21% VAT.
3.4 Poppedoll offers the following payment options: Pre-transfer, pay at pick-up in Eindhoven, iDeal, Credit Card (MasterCard and VISA) by cash on delivery (there are also extra costs associated with this, namely €18.35) and PayPal.
4. Term of view/right of withdrawal
4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (article 7:5 BW), the customer has the right (part of) the goods delivered within a period of 14 working days without giving any reason to return. This period begins at the time the ordered goods have been delivered. If, at the end of this period, the customer has not returned the delivered goods to Poppedoll, the purchase is a fact. The customer is obliged, before returning, to notify Poppedoll within the period of 14 working days after delivery or by email. The customer must prove that the delivered goods have been returned in good time, for example by means of proof of postal delivery. The return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition.
If the goods have been used, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph shall lapse. Taking into account what is stipulated in the preceding sentence, Poppedoll shall ensure that within 14 days after good reception of the return shipment, the full purchase amount excluding the calculated shipping costs is reimbursed to the customer. The return of the delivered goods is entirely at the expense and risk of the customer.
4.2 The right of withdrawal does not apply to:
- Services whose implementation, with the consent of the consumer, has commenced for the period of seven working days.
- Goods or services whose price is tied to fluctuations in the financial market, to which the supplier has no influence.
- Goods manufactured according to specifications of the consumer, for example customization, or which have a distinct personal character.
- For goods or services which by their nature cannot be returned, for example for hygiene.
- Goods specially ordered for such as the collection of Love Baby J.
5.2 Poppedoll respects the privacy of the users of the Internet site and ensures a
Confidential handling of your personal information.
5.3 Poppedoll makes use of a mailing list in some cases. Each mailing contains instructions to remove yourself from this list.
6.1 Poppedoll guarantees that the products supplied by it meet the requirements of usability, reliability and longevity as intended by the parties to the contract of sale, thereby ensuring the manufacturer's warranty of the Product supplied to you.
6.2 The warranty period of Poppedoll corresponds to the factory Garantietermijn. However, Poppedoll is never responsible for the final suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.
6.3 The customer is obliged to immediately check the delivered goods upon receipt. If it appears that the delivered case is wrong, unsound or incomplete, then the customer (before proceeding to return to Poppedoll) must immediately report these defects to Poppedoll by email. Any defects or incorrectly delivered goods must be reported to Poppedoll in writing at the latest up to 7 days after delivery. The return of the goods must be in the original packaging (including accessories and accompanying documentation) and in new condition. Putting into service after detection of default, damage arising after detection of defective, encumbrance and/or resale after determination of default, this right to advertising and return is entirely void.
6.4 If the customer's complaints are found to be justified by Poppedoll, Poppedoll will either replace the goods delivered free of charge or make a written arrangement with the customer on the compensation, with the proviso that the Liability of Poppedoll and therefore the amount of compensation is always limited to not more than the invoice amount of the relevant goods, or (at the choice of Poppedoll) to the maximum in the relevant case by the Liability insurance of Poppedoll covered amount. Any liability of Poppedoll for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect or consequential damages or damages for lost profits.
6.5 Poppedoll is not liable for damage caused by intentional or equivalent deliberate recklessness of non-executive personnel
6.6 This guarantee does not apply if: A) and as long as the customer is in default against Poppedoll; B the customer has repaired and/or modified the delivered goods themselves or has been repaired or edited by a third party. (C) The goods delivered are exposed to abnormal circumstances or are otherwise treated carelessly or in contravention of the instructions of Poppedoll and/or instructions for use on the packaging; (D) The inadequacy is wholly or partly the result of rules which the Government has set or will set in respect of the nature or quality of the materials used;
7.1 Offers are without engagement, unless otherwise stated in the offer.
7.2 Upon acceptance of a free offer by buyer, Poppedoll reserves the right to
To revoke or depart from the offer within the period of 3 working days following receipt of that acceptance.
7.3 Verbal pledges connect Poppedoll only after they have been confirmed expressly and in writing.
7.4 Poppedoll offers do not automatically apply to reorders as well.
7.5 Poppedoll may not be held on its offer if the customer had duly understood that the offer, or a part thereof, contained a manifest error or omission.
7.6 Additions, modifications and/or further arrangements are only effective if agreed in writing.
8.1 An agreement between Poppedoll and a customer is established after an order is ordered by
Poppedoll on feasibility is assessed.
8.2 Poppedoll reserves the right to not accept orders or orders without giving any reason or to accept them only on condition that the shipment is made by cash on delivery or after prepayment.
9. Images and specifications
9.1 All images; Pictures, drawings, etc.; Data concerning weights, dimensions, colours, images of labels, etc. on the internet site of Poppedoll are only approximate, are indicative and cannot be a reason for compensation or dissolution of the agreement.
9.2 Nothing out of this webshop may be copied and/or used for business purposes without prior permission from the administrator/owner.
10. Force majeure
10.1 Poppedoll is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure.
10.2 Force majeure means any strange cause, as well as any circumstance, which is reasonably not to be at risk. Delays or defaults by our suppliers, failures in the Internet, disturbances in the electricity, disturbances in e-mail traffic and disturbances or changes in technology supplied by third parties, transport difficulties, work strikes, Government measures, delays in landing, negligence of suppliers and/or manufacturers of Poppedoll as well as of auxiliaries, sickness of personnel, defects in auxiliary or means of transport are expressly valid as force majeure.
10.3 In the event of force majeure, Poppedoll reserves the right to suspend its obligations and is also entitled to dissolve the agreement in whole or in part, or to claim that the content of the agreement is altered in such a way that implementation is possible. Under no circumstances is Poppedoll held any fine or compensation to be.
10.4 If, in the event of force majeure, Poppedoll has already partially fulfilled its obligations or is only partially able to fulfil its obligations, it shall be entitled to invoice the already delivered or the available part separately and the Purchaser to comply with this invoice if it concerned a separate contract. However, this does not apply if the part already delivered does not have an independent value.
11.1 Poppedoll is not liable for damage caused to vehicles or other objects caused by improper use of the products. For use, please read the instructions on the packaging and/or consult our website.
12.1 Property of all goods sold and delivered by Poppedoll to the customer shall remain with Poppedoll as long as the customer has not met the claims of Poppedoll under the agreement or previous or subsequent similar agreements, as long as the The purchaser has not yet complied with the activities carried out or still to be performed from these or similar agreements and as long as the
Poppedoll for failure to fulfil such commitments has not yet been fulfilled,
Including claims in respect of fines, interests and costs, as referred to in article 3:92 BW.
12.2 The goods delivered by Poppedoll which fall under the retention of title may only be resold in the ordinary course of business and never be used as a means of payment.
12.3 The customer shall not be entitled to pledge the goods covered by the reservation of title or to object in any other way.
12.4 The customer is already giving unconditionally and irrevocably permission to Poppedoll or a
Poppedoll to third parties, in all cases where Poppedoll wants to have its property rights
To enter all those places where its property will be located and to carry those things there.
12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereto, the customer shall be obliged to inform Poppedoll as soon as reasonably expected.
12.6 The customer undertakes to ensure the goods delivered under retention of title and to keep insured against fire, explosion and water damage as well as against theft and to give the insurance policy on first request for inspection to Poppedoll.
13. Applicable law/competent court
13.1 Dutch law applies to all agreements.
13.2 Arising out of an agreement between Poppedoll and purchaser, which are not mutually
Consultation can be resolved, the competent court shall notify the District of Den Haag, unless Poppedoll prefers to subject the difference to the competent court of the buyer's place of residence, and with the exception of those disputes belong to the competence of the District Court.