General Terms and Conditions

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General Terms and Conditions of Kids Made

E-mail: info@kidsmade.nl
Website: www.kidsmade.nl

 

Definitions

  1. Kids Made: Kids Made, established in Hoogezand under Chamber of Commerce no. 02074037.
  2. Customer: the person with whom Kids Made has entered into an agreement.
  3. Parties: Kids Made and client together.
  4. Consumer: a customer who is also an individual acting as a private person.

Article 1 – Applicability of general conditions

  1. These Terms and Conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Kids Made.
  2. The parties may deviate from these terms and conditions only if they have expressly agreed to do so in writing.
  3. The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.

Article 4 – Prices

  1. All prices used by Kids Made are in Euros, are inclusive of VAT and exclusive of any other costs such as administration costs, levies and travel, shipping or transport costs, unless otherwise expressly stated or agreed upon.
  2. All prices used by Kids Made for its products, on its website or otherwise made known, Kids Made may change at any time.
  3. Increases in cost prices of products or parts thereof, which Kids Made could not foresee at the time of making the offer or entering into the agreement, may result in price increases.
  4. The consumer has the right to dissolve an agreement due to a price increase as referred to in paragraph 3, unless the increase is due to a statutory regulation.

Article 5 – Samples and models

 

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model.

 

Article 6 – Payments and term of payment

  1. Kids Made may require a deposit of up to 50% of the agreed amount at the time of entering into the agreement.
  2. The customer must have made payments in arrears within 14 days of delivery.
  3. Payment deadlines are considered to be deadlines for payment. This means that if the customer has not paid the agreed amount by the last day of the payment period, he is legally in default and in default, without Kids Made having to send the customer a reminder or give notice of default.
  4. Kids Made reserves the right to make a delivery contingent upon immediate payment or require a security deposit for the total amount of the services or products.

 

Article 7 – Consequences of not paying on time

  1. If the client does not pay within the agreed period, Kids Made is entitled to charge the legal interest rate of 2% per month for non-commercial transactions and the legal interest rate of 8% per month for commercial transactions from the day the client is in default, whereby part of a month is counted as a whole month.
  2. If the client is in default, he will additionally owe extrajudicial collection costs and any damages to Kids Made.
  3. Collection costs are calculated according to the Compensation for Extrajudicial Collection Costs Decree.
  4. If the client fails to pay on time, Kids Made may suspend its obligations until the client has fulfilled its payment obligation.
  5. In case of liquidation, bankruptcy, attachment or suspension of payment on the part of the client, the claims of Kids Made on the client are immediately due and payable.
  6. If the customer refuses to cooperate in the execution of the agreement by Kids Made, he is still obliged to pay the agreed price to Kids Made.

Article 8 – Right of complaint

  1. Once the client is in default, Kids Made is entitled to invoke the right of claim in respect of the unpaid products delivered to the client.
  2. Kids Made invokes the right of claim by written or electronic notice.
  3. Once the client is informed of the invoked right of complaint, the client must immediately return the products to which this right relates to Kids Made, unless the parties agree otherwise.
  4. The cost of recovering or bringing back the products shall be borne by the customer.

Article 12 – Right of withdrawal

  1. A consumer may cancel an online purchase during a 14-day cooling-off period without giving any reason provided that:
  • the product has not been used
  • it is not a product that can spoil quickly, such as food or flowers
  • it is not a product that has been customized or adapted specifically for the consumer
  • it is not a product that cannot be returned for hygiene reasons (underwear, swimwear, etc.).
  • the seal is still intact, if they are data carriers with digital content (DVDs, CDs, etc.)
  • the product or service is not lodging, travel, restaurant business, transportation, catering assignment or form of leisure activity
  • the product is not a loose magazine or loose newspaper
  • the consumer has not waived his right of withdrawal
  1. The 14-day cooling-off period mentioned in paragraph 1 begins:
    • on the day after the consumer receives the last product or part of 1 order
    • once the consumer has confirmed that he will purchase digital content over the Internet
  2. Consumers may make their invocation of the right of withdrawal known at info@kidsmade.nl, if desired using the withdrawal form that can be downloaded from the Kids Made website, www.kidsmade.nl.
  3. The consumer is obliged to return the product to Kids Made within 14 days after having expressed his right of withdrawal, failing which his right of withdrawal lapses.

Article 14 – Reimbursement of delivery costs .

  1. If the consumer has exercised his or her right of withdrawal in a timely manner and as a result has timely returned the entire order to Kids Made, Kids Made will refund any shipping costs paid by the consumer within 14 days of receipt of the timely and complete returned order to the consumer.
  2. The cost of delivery shall be borne by Kids Made only to the extent that the entire order is returned.

Article 15 – Reimbursement of return costs

 

If the consumer invokes his right of withdrawal and returns the entire order in a timely manner, the cost of returning the entire order shall be borne by the consumer.

Article 17 – Right of suspension

 

Unless the customer is a consumer, the customer waives the right to suspend performance of any obligation arising from this agreement.
Article 18 – Right of lien

  1. Kids Made may invoke its right of retention and in that case hold products of the customer until the customer has paid all outstanding bills with respect to Kids Made, unless the customer has provided adequate security for those costs.
  2. The lien also applies under previous agreements from which the client still owes payments to Kids Made.
  3. Kids Made shall never be liable for any damages that the customer may suffer as a result of the use of its lien.

Article 19 – Offset

 

Unless the customer is a consumer, the customer waives the right to set off any debt owed to Kids Made against any claim against Kids Made.

 

Article 20 – Retention of title

  1. Kids Made remains the owner of all products delivered until the customer has fully satisfied all his payment obligations to Kids Made under whatever agreement entered into with Kids Made, including claims of default.
  2. Until then, Kids Made may invoke its retention of title and repossess the goods.
  3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
  4. If Kids Made appeals to its retention of title, the agreement shall be deemed terminated and Kids Made shall be entitled to claim damages, lost profits and interest.

Article 21 – Delivery

  1. Delivery will take place while supplies last.
  2. Delivery takes place at Kids Made, unless the parties have agreed otherwise.
  3. Delivery of products ordered online is made to the address specified by the customer.
  4. If the agreed amounts are not paid or not paid on time, Kids Made is entitled to suspend its obligations until the agreed part is still paid.
  5. Late payment constitutes creditor default, with the result that the client cannot hold a late delivery against Kids Made.

Article 22 – Delivery time

  1. The delivery times given by Kids Made are indicative and if exceeded shall not entitle the customer to rescission or compensation unless the parties have expressly agreed otherwise in writing.
  2. The delivery time starts at the moment the client has fully completed the (electronic) ordering process and has received an (electronic) confirmation of this from Kids Made.
  3. Exceeding the stated delivery time does not entitle the client to compensation or the right to terminate the agreement, unless Kids Made is unable to deliver within 14 days after being notified in writing or the parties have agreed otherwise.

Article 23 – Actual delivery

 

The customer must ensure that the actual delivery of the products ordered by him can take place in a timely manner.

 

Article 24 – Transportation costs

 

Transportation costs shall be borne by the customer unless the parties have agreed otherwise.

 

Article 25 – Packaging and shipping

  1. If the packaging of a delivered product is opened or damaged, the customer must, before taking delivery of the product, have a note of this made by the shipper or delivery person, failing which Kids Made cannot be held liable for any damage.
  2. If the customer takes care of transportation of a product himself, he must report any visible damage to products or packaging to Kids Made prior to transportation, failing which Kids Made cannot be held liable for any damage.

Article 28 – Retention

  1. If the customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
  2. Any additional costs resulting from premature or late purchase of products shall be borne entirely by the customer.

Article 30 – Warranty

  1. The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.
  2. The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
  3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

Article 31 – Exchanges

  1. The exchange of purchased items is possible only if the following conditions are met:
  • exchanges are made within 14 days of purchase upon presentation of the original invoice
  • the product is returned in its original packaging or with the original (price) tags still attached
  • the product has not been used yet
  1. Discounted items, non-perishable items such as food, custom-made items or items specially customized for the customer cannot be exchanged.

 

Article 41 – Indemnification

 

The customer indemnifies Kids Made against all third party claims related to the products and/or services provided by Kids Made.

 

Article 42 – Complaints

  1. The customer should examine a product delivered or service provided by Kids Made as soon as possible for any shortcomings.
  2. If a product delivered or service rendered does not meet what the customer could reasonably expect from the agreement, the customer must notify Kids Made as soon as possible, but in any case within 1 month of discovering the shortcomings.
  3. Consumers must notify Kids Made no later than 2 months after the discovery of the deficiencies.
  4. The client shall provide as detailed a description of the shortcoming as possible, so that Kids Made is able to respond adequately.
  5. The customer must show that the complaint relates to an agreement between the parties.
  6. In any case, if a complaint relates to work in progress, this may not result in Kids Made being held to perform work other than that agreed upon.

Article 43 – Notice of default

  1. The client must give written notice of default to Kids Made.
  2. It is the responsibility of the client that a notice of default actually reaches Kids Made (in a timely manner).

Article 44 – Joint and several liability of customer

 

If Kids Made enters into an agreement with multiple customers, each is jointly and severally liable for the full amounts owed to Kids Made under that agreement.

 

Article 45 – Liability Kids Made

  1. Kids Made shall only be liable for any damage suffered by the customer if and to the extent such damage is caused by intentional or deliberate recklessness.
  2. If Kids Made is liable for any damages, it is only liable for direct damages arising out of or in connection with the execution of an agreement.
  3. Kids Made is never liable for indirect damages, such as consequential damages, lost profits, lost savings or damages to third parties.
  4. If Kids Made is liable, this liability is limited to the amount paid by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the amount of damage, the liability is limited to the (part of the) invoice amount to which the liability relates.
  5. All illustrations, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be grounds for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 46 – Due date

 

Any right of the customer to compensation from Kids Made expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Civil Code.
Article 47 – Right of rescission

  1. The customer is entitled to terminate the agreement when Kids Made imputably fails to fulfill its obligations, unless such failure, given its special nature or minor importance, does not justify the termination.
  2. If the fulfillment of the obligations by Kids Made is not permanently or temporarily impossible, then dissolution can only take place after Kids Made is in default.
  3. Kids Made is entitled to terminate the agreement with the customer if the customer fails to fulfill his obligations under the agreement in full or on time, or if Kids Made has knowledge of circumstances that give it good reason to fear that the customer will not be able to fulfill his obligations properly.

Article 48 – Force majeure

  1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a shortcoming of Kids Made in the fulfillment of any obligation towards the customer cannot be attributed to Kids Made in a situation independent of the will of Kids Made, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be required of Kids Made.
  2. The force majeure situation mentioned in paragraph 1 also includes – but is not limited to – the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work interruptions.
  3. If a force majeure situation occurs that prevents Kids Made from fulfilling 1 or more obligations to the client, those obligations will be suspended until Kids Made can again fulfill them.
  4. From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may rescind the contract in writing in whole or in part.
  5. In a force majeure situation, Kids Made is not liable for any compensation or damages, even if it receives any benefit as a result of the force majeure situation.

Article 49 – Modification of the agreement

  1. If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties shall promptly and by mutual agreement adjust the agreement accordingly.
  2. The preceding paragraph does not apply to products purchased from a physical store.

Article 50 – Modification of general conditions

  1. Kids Made is entitled to amend or supplement these general conditions.
  2. Changes of minor importance may be made at any time.
  3. Major substantive changes will be discussed by Kids Made with the client in advance whenever possible.
  4. Consumers are entitled to terminate the contract in the event of a material change in the general terms and conditions.

Article 51 – Transfer of rights

  1. Client rights from an agreement between the parties cannot be transferred to third parties without the prior written consent of Kids Made.
  2. This provision counts as a clause with property law effect as referred to in Article 3:83, paragraph 2, Civil Code.

Article 52 – Consequences of nullity or voidability

  1. Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
  2. A provision that is void or voidable will be replaced in that case by a provision that comes closest to what Kids Made had in mind when drafting the terms and conditions on that point.

Article undefined – Applicable law and competent court

  1. Any agreement between the parties shall be governed exclusively by the laws of the Netherlands.
  2. The Dutch court in the district where Kids Made is located/practicing/office is exclusively competent to take cognizance of any disputes between the parties, unless otherwise required by mandatory law.

Retrieved July 01, 2023.

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