Terms and conditions

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

• Reflection period: The period during which the consumer can exercise their right of withdrawal.
• 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.
• Day: Calendar day.
• Duration transaction: A distance contract concerning a series of products and/or services, with the delivery and/or purchase obligation spread over time.
• Durable medium: Any means that allows the consumer or entrepreneur to store information personally addressed to them in a way that allows future consultation and unchanged reproduction of the stored information.
• Right of withdrawal: The consumer's ability to cancel the distance contract within the cooling-off period.
• Entrepreneur: The natural or legal person who offers products and/or services to consumers at a distance.
• Distance contract: An agreement whereby, within the framework of a system organized by the entrepreneur for the remote sale of products and/or services, exclusive use is made of one or more techniques of distance communication.
• Technique for distance communication: Means that can be used to conclude an agreement without the consumer and entrepreneur being simultaneously in the same room.

General terms and conditions: The current general terms and conditions of the entrepreneur.

Article 2 – Entrepreneur's Identity

• Company name: Veliro toys 
• Chamber of Commerce number: 92040403
• VAT number: NL004932940B28

Article 3 – Applicability

These general terms and conditions apply to any offer from the entrepreneur and to all distance contracts and orders between the entrepreneur and the consumer.

Before the distance contract is concluded, 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, and they will be sent free of charge as soon as possible upon request from the consumer.

If the distance contract is concluded electronically, regardless of the preceding 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 it 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 electronically accessed and that they will be sent free of charge at the consumer's request, either electronically or otherwise.

In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis, and the consumer can always invoke the provision that is most favorable to him in case of conflicting general terms and conditions.

If one or more provisions of these general terms and conditions are wholly or partially void or destroyed at any time, the rest of the agreement and these terms and conditions will remain in force, and the relevant provision will be replaced by mutual agreement without delay by a provision that comes as close as possible to the original.

Situations not regulated in these general terms and conditions must be assessed "in the spirit" of these general terms and conditions.

Uncertainty about the interpretation or content of one or more provisions of our terms and conditions must be explained "in the spirit" of these terms and conditions.

Article 4 – The Offer

If an offer has a limited validity period or is subject to conditions, this will be expressly stated in the offer.

The offer is without obligation. The entrepreneur has the right to change and adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer. If the entrepreneur uses images, these are a true representation of the products and/or services offered. Obvious errors or obvious mistakes in the offer are not binding on the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot form the basis for compensation or dissolution of the agreement.

Images accompanying the products are a true representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.

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 shipping costs;
• the way the agreement will be concluded and what actions are required for this;
• whether the right of withdrawal applies or not;
• the payment method, delivery, and performance of the agreement;
• the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
• the level of the tariff for distance communication if the costs of using the technology for distance communication are calculated on a different basis than the standard basic rate for the communication means used;
• whether the agreement will be filed after its conclusion, and if so, how it can be consulted by the consumer;
• the way the consumer, before entering into the agreement, can check and, if desired, restore the data he has provided in connection with the agreement;
• all languages in which, in addition to Dutch, the agreement can be concluded;
• the rules of conduct to which the entrepreneur is subject and the way in which the consumer can consult these rules of conduct electronically;
• the minimum duration of the distance contract in the case of a long-term transaction;
• Optional: available sizes, colors, types of materials.

Article 5 – The Agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the moment of acceptance of the offer by the consumer and compliance with the corresponding conditions.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.

The entrepreneur can inquire within legal frameworks whether the consumer can meet his payment obligations, as well as all the facts and factors that are important for a responsible conclusion of the distance contract. If the entrepreneur, based on this investigation, has good reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the implementation.

The entrepreneur will send the consumer the following information together with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

• the visiting address of the business of the entrepreneur where the consumer can submit complaints;
• the conditions for and the way in which the consumer can exercise the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
• information about warranties and existing after-sales service;
• the information included in article 4, paragraph 3, of these terms and conditions, unless the entrepreneur has already provided this information to the consumer before the conclusion of the agreement;
• the requirements for terminating the agreement if the agreement has a duration of more than one year or is of indefinite duration.
• In the case of a long-term transaction, the provision in the previous paragraph applies only to the first delivery.
• Any agreement is entered into under suspensive conditions for sufficient availability of the relevant products.

Article 6 – Right of Withdrawal

In the purchase of products, the consumer has the option to terminate the agreement without stating a reason within 14 days. This reflection period begins the day after the consumer or a representative designated in advance by the consumer and made known to the entrepreneur receives the product.

During the withdrawal period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they wish to keep it. If they exercise the right of withdrawal, they will return the product with all accompanying accessories and – if reasonably possible – in its original condition and packaging to the entrepreneur, in accordance with reasonable and clear instructions provided by the entrepreneur. Remember: used and personal items cannot be returned!

If the consumer wishes to exercise their right of withdrawal, they are obliged to notify the entrepreneur within 14 days after receiving the product. The consumer must do this by written notice/email. After the consumer has expressed their desire to exercise their right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example, by providing a shipping receipt. If the customer has not expressed their desire to exercise their right of withdrawal or has not returned the product to the entrepreneur after the deadlines mentioned in paragraphs 2 and 3 have expired, the purchase is final.

Article 7 – Costs of Withdrawal

If the consumer uses their right of withdrawal, the costs of returning the products are at the consumer's expense.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible but no later than 14 days after withdrawal. This is subject to the condition that the product has already been received back by the online retailer or that decisive proof of complete return can be presented.

Article 8 – Exclusion of the Right of Withdrawal

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 only applies if the entrepreneur has clearly stated this in the offer, at least in a timely manner before the conclusion of the agreement.

Exclusion of the right of withdrawal is only possible for products:

• that have been created by the entrepreneur in accordance with the consumer's specifications;
• that are clearly of a personal nature;
• that cannot be returned by their nature;
• that can spoil or age quickly;
• whose price is subject to fluctuations in the financial market that the entrepreneur has no influence over;
• for individual newspapers and magazines;
• for audio and video recordings and computer software that the consumer has broken the seal of.
• for hygienic products that the consumer has broken the seal of.

Exclusion of the right of withdrawal is only possible for services:

• related to accommodation, transport, restaurant business, or leisure activities to be performed on a specific date or in a specific period;
• if delivery has begun with the express consent of the consumer before the withdrawal period has expired;
• regarding games.

Article 9 – Price

In the validity period stated in the offer, the prices of the products and/or services offered will not be increased except for price changes resulting from changes in VAT rates.

Contrary to the previous paragraph, the entrepreneur may offer variable prices for products or services if prices are subject to fluctuations in the financial market and the entrepreneur has no influence over them. This dependence on fluctuations and any prices stated are indicative prices as stated in the offer.

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

Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:

• they are the result of legal regulations or provisions; or
• the consumer has the authority to terminate the agreement from the day the price increase takes effect.

The prices stated in the offer of products or services include VAT. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typographical errors. In the case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 – Compliance and Guarantee

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

A 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.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 14 days of delivery. The products must be returned in their original packaging and in new condition.

The entrepreneur's warranty period 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.

Warranty Exclusions:

The warranty does not apply if:

1. The consumer has repaired and/or modified the delivered products themselves or has had them repaired and/or modified by third parties.
2. The delivered products have been exposed to abnormal conditions or have been handled carelessly in a manner contrary to the instructions of the entrepreneur and/or have been treated on the packaging.
3. The defect is wholly or partially a result of regulations that the authorities have issued or will issue regarding the nature or quality of the materials used.

Article 11 – Delivery and Execution

The entrepreneur will exercise the utmost care in the receipt and execution of orders for products.

The place of delivery is the address that the consumer has provided to the company.

With due observance of what is stated in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than within 30 days, unless the consumer has agreed to a longer delivery time. If delivery is delayed, or if an order cannot be or only 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 at no cost and is entitled to any compensation.

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

If delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to make a replacement item available. At the latest upon delivery, it will be stated in a clear and understandable manner that a replacement item will be delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are at the expense of the entrepreneur. The risk of damage and/or loss of products lies with the entrepreneur until the time of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration Transactions: Duration, Termination, and Extension

Cancellation: The consumer can terminate an agreement entered into for an indefinite period and which extends to regular delivery of products (including electricity) or services at any time with due observance of the agreed termination rules and a notice period of no more than one month.

The consumer can enter into the agreements mentioned in the preceding paragraphs:

• cancel at any time and is not limited to cancellation at a specific time or period;
• at least cancel in the same way as they entered into by him;
• always cancel with the same notice period as the entrepreneur has stipulated for himself.

Extension: An agreement entered into for a definite period and which extends to regular delivery of products (including electricity) or services cannot be tacitly renewed or extended for a fixed period.

Contrary to the previous paragraph, an agreement entered into for a definite period and which extends to the regular delivery of daily news and weekly newspapers and magazines may be tacitly extended for a fixed period of up to three months if the consumer can terminate this extended agreement towards the end of the extension with a notice period of up to one month.

An agreement entered into for a definite period and which extends to the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer can cancel at any time with a notice period of up to one month and a notice period of up to three months if the agreement extends to regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and terminates automatically after the trial or introductory period.

Expensive: If an agreement has a duration of more than one year, the consumer can terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed term.

Article 13 – Payment

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the reflection period as mentioned in Article 6(1). In the case of an agreement to provide a service, this period starts after the consumer has received confirmation of the agreement.

The consumer has a duty to report immediately to the entrepreneur any inaccuracies in the payment details provided or specified.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal limitations, to charge reasonable costs that have been made known to the consumer in advance.

Article 14 – Complaints Handling

Complaints about the implementation of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.

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 period of 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute settlement procedure.

A complaint does not suspend the entrepreneur's obligations unless the entrepreneur indicates otherwise in writing.

If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will, at its discretion, replace or repair the delivered products free of charge.

Article 15 – Disputes

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.