Steeltoys – Our general terms and conditions
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https://www.webwinkelkeur.nl/ledenlijst/
General Terms and Conditions for members WebwinkelKeur Foundation
Table of Contents:
Article 1 – Definitions.
Article 2 – Identity of the entrepreneur
Article 3 – Applicability.
Article 4 – The offer
Article 5 – The Agreement
Article 6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of the right of withdrawal.
Article 9 – The price
Article 10 – Conformity and warranty
Article 11 – Delivery and execution
Article 12 – Duration transactions: duration, termination and renewal
Article 13 – Payment
Article 14 – Complaints procedure
Article 15 – Disputes
Article 16 – Additional or different provisions
Article 1 – Definitions.
In these terms and conditions, the following definitions shall apply:
1. Reflection period: the period within which the consumer can exercise his right of withdrawal;
2. Consumer: the natural person not acting in the exercise of a profession or business who enters into a distance contract with the entrepreneur;
3. Day: calendar day;
4. Duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
5. Durable medium: any means that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
7. Model form: the model form for withdrawal that the entrepreneur makes available that a consumer can fill out when he wants to exercise his right of withdrawal.
8. Entrepreneur: the natural or legal person offering products and/or services to consumers at a distance;
9. Distance contract: an agreement in which, within the framework of a system organized by the entrepreneur for distance selling of products and/or services, up to and including the conclusion of the agreement, exclusive use is made of one or more techniques for distance communication;
10. Technique for distance communication: means that can be used for concluding an agreement, without the consumer and entrepreneur having come together simultaneously in the same room.
11. General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.
Article 2 – Identity of the entrepreneur
Goohaco B.V. / Steeltoys
Address: Blokenweg 6A, 5165 NR, Waspik, Netherlands.
Phone number: +31 416 23 44 00 Reachable all days from 9:00 a.m. to 6:00 p.m. except Sundays.
Whatsapp : +31 6 15 35 06 06 Reachable 24/7
Email address: info@steeltoys.nl
Chamber of Commerce number: 82978700
Vat : NL862678365B01
Article 3 – Applicability.
These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order established between entrepreneur and 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, before the distance contract is concluded, it will be indicated that the general terms and conditions can be inspected at the entrepreneur and they will be sent free of charge to the consumer as soon as possible upon request.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general conditions can be inspected electronically and that, at the consumer’s request, they will be sent electronically or otherwise free of charge.
In the event that specific product or service conditions apply in addition to these general conditions, the second and third paragraphs shall apply mutatis mutandis and, in the event of conflicting general conditions, the consumer may always invoke the applicable provision that is most favorable to him.
If one or more provisions in these general conditions are at any time wholly or partially void or annulled, the agreement and these conditions shall remain in force for the rest and the provision in question shall be replaced by mutual agreement without delay by a provision that approximates the purport of the original as closely as possible.
Situations not covered by these general terms and conditions should be judged “in the spirit” of these general terms and conditions.
Uncertainties regarding the interpretation or content of one or more provisions of our terms and conditions shall be interpreted “in the spirit” of these terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this shall be expressly stated in the offer.
The offer is without obligation. The entrepreneur is entitled 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 mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications data in the offer are indicative and cannot be a reason for compensation or dissolution of the agreement.
Images accompanying products are a true representation of the products offered. 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 the rights and obligations are, which are attached to the acceptance of the offer. This concerns in the
particular:
– the price including taxes;
– the cost of shipping, if any;
– The manner in which the agreement will be established and what actions are required for that purpose;
– whether or not the right of withdrawal applies;
– the method of payment, delivery and performance of the agreement;
– the period for acceptance of the offer, or the period within which the entrepreneur guarantees the price;
– the amount of the rate for distance communication if the cost of using the technique for distance communication is calculated on a basis other than the regular basic rate for the means of communication used;
– Whether the agreement is archived after its conclusion, and if so in what way it can be accessed by the consumer;
– the manner in which the consumer, before the conclusion of the contract, can check and, if desired, rectify the data provided by him under the contract;
– any other languages in which, in addition to Dutch, the agreement may be concluded;
– the codes of conduct to which the trader has submitted and the manner in which the consumer can consult these codes of conduct electronically; and
– The minimum duration of the distance contract in the case of an endurance transaction.
– Optional: available sizes, colors, type of materials.
Article 5 – The Agreement
The agreement, subject to the provisions of paragraph 4, is concluded at the time of acceptance by the consumer of the offer and the fulfillment of the conditions set forth thereby.
If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm electronically the receipt of the acceptance of the offer. 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 created electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures to that end.
The entrepreneur may – within legal frameworks – inform himself whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the implementation, while giving reasons.
The entrepreneur will include with the product or service to the consumer the following information, in writing or in such a way that it can be stored by the consumer in an accessible way on a durable data carrier:
a. the visiting address of the trader’s branch where the consumer can address complaints;
b. the conditions under which and the manner in which the consumer can use the right of withdrawal, or a clear indication of the exclusion of the right of withdrawal;
c. the information about warranties and existing service after purchase;
d. the data included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the agreement;
e. 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 an enduring transaction, the provision of the previous paragraph applies only to the first delivery.
Each agreement is entered into under the conditions precedent of sufficient availability of the products in question.
Article 6 – Right of withdrawal
On delivery of products:
When purchasing products, the consumer has the option of dissolving the agreement without giving reasons for 14 days. This reflection period starts on the day after receipt of the product by the consumer or a representative previously designated by the consumer and made known to the entrepreneur.
During the reflection period, the consumer will handle the product and its packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
When the consumer wishes to use his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form. After the consumer has made it known that he wants to use his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned in time, for example by means of a proof of shipment.
If after the expiration of the periods mentioned in paragraphs 2 and 3, the customer has not expressed his desire to exercise his right of withdrawal or has not returned the product to the entrepreneur, the purchase is a fact.
When providing services:
With the delivery of services, the consumer has the option of dissolving the agreement without giving reasons for at least 14 days, starting from the day of entering into the agreement.
To make use of his right of withdrawal, the consumer will comply with the reasonable and clear instructions provided by the entrepreneur in the offer and/or at the latest at the time of delivery.
Customization exception:
Products you purchase through this online store are custom made according to the specification you entered. The right of withdrawal is therefore not applicable. The sale is thus final after successful payment. Per article this is indicated during your order. And is also stated with the article description.
Article 7 – Costs in case of withdrawal
If the consumer exercises his right of withdrawal, at most the cost of return shipment shall be borne by him.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after revocation. This is subject to the condition that the product has already been received back by the merchant or conclusive evidence of complete return can be provided. Repayment will be made through the same payment method used by the consumer unless the consumer explicitly authorizes a different payment method.
If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any decrease in value of the product.
The consumer cannot be held liable for depreciation of the product if not all legally required information on the right of withdrawal has been provided by the entrepreneur, this must be done before the conclusion of the purchase agreement.
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 time for the conclusion of the contract.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with consumer specifications;
b. that are clearly personal in nature;
c. which by their nature cannot be returned;
d. that may spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services:
a. concerning lodging, transportation, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. whose delivery began with the consumer’s express consent before the cooling-off period expired;
c. concerning betting and lotteries.
Article 9 – The price
During the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Notwithstanding the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, with variable prices. This link to fluctuations and the fact that any prices mentioned are target prices will be mentioned in the offer.
Price increases within 3 months of the conclusion of the agreement are permitted only if they result from legal regulations or provisions.
Price increases from 3 months after the conclusion of the contract are only allowed if the entrepreneur has stipulated it and:
a. these are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the agreement as of the day on which the price increase takes effect.
The prices mentioned 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 typesetting errors. In case of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.
Article 10 – Conformity and Warranty
The trader guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations that existed on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
A guarantee provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 2 months after delivery. 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.
The warranty does not apply if:
– The consumer has repaired and/or modified the delivered products himself or had them repaired and/or modified by a third party;
– The delivered products are exposed to abnormal conditions or otherwise carelessly treated or contrary to the instructions of the entrepreneur and / or on the packaging have been treated;
– The inadequacy results in whole or in part from regulations that the government has made or will make regarding the nature or quality of the materials used.
Article 11 – Delivery and execution
The entrepreneur will take the greatest possible care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
Subject to what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously but at the latest within 30 days, unless consumer has agreed to a longer delivery period. If the delivery is delayed, or if an order is not or only partially carried out, the consumer receives notice of this no later than 30 days after the order was placed. The consumer in that case has the right to dissolve the agreement without cost. The consumer is not entitled to compensation.
All delivery terms are indicative. The consumer cannot derive any rights from any terms mentioned. Exceeding a deadline does not entitle the consumer to compensation.
In case of dissolution according to the paragraph 3 of this article, the entrepreneur will refund the amount paid by the consumer as soon as possible, but at the latest within 14 days after dissolution.
If delivery of an ordered product proves impossible, the entrepreneur will make an effort to provide a replacement item. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement article is being delivered. With replacement articles, the right of withdrawal cannot be excluded. The costs of any return shipment shall be borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless otherwise expressly agreed.
Article 12 – Duration transactions: duration, termination and renewal
Termination
The consumer may at any time terminate a contract entered into for an indefinite period and which extends to the regular delivery of products (including electricity) or services, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may terminate a fixed-term contract, which extends to the regular delivery of products (including electricity) or services, at any time at the end of the fixed term, subject to agreed termination rules and a notice period not exceeding one month.
The consumer may cancel the agreements mentioned in the previous paragraphs:
– cancel at any time and not be limited to cancellation at a particular time or period;
– terminate at least in the same manner as they were 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 of time, which extends to the regular delivery of products (including electricity) or services, may not be tacitly extended or renewed for a definite period of time.
Notwithstanding the preceding paragraph, a fixed-term contract that has been concluded for the regular delivery of daily or weekly newspapers and magazines may be tacitly renewed for a fixed term not exceeding three months, if the consumer may terminate this renewed contract by the end of the renewal with a notice period not exceeding one month.
A fixed-term contract that has been concluded for the regular delivery of products or services may be tacitly renewed for an indefinite period of time only if the consumer may terminate it at any time with a notice period of up to one month and a notice period of up to three months in the event that the contract extends to the regular, but less than once a month, delivery of daily, news and weekly newspapers and magazines.
A limited duration agreement to regularly deliver daily, news and weekly newspapers and magazines for familiarisation purposes (trial or familiarisation subscription) is not tacitly continued and ends automatically at the end of the trial or familiarisation period.
Duration
If a contract has a duration of more than one year, after one year the consumer may terminate the contract at any time with a notice period not exceeding one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.
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 referred to in Article 6 paragraph 1. In case of an agreement to provide a service, this period starts after the consumer has received the confirmation of the agreement.
The consumer has the duty to immediately report inaccuracies in payment information provided or stated to the entrepreneur.
In case of non-payment by the consumer, subject to legal restrictions, the entrepreneur has the right to charge the reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
The entrepreneur has a sufficiently publicized complaint procedure and handles the complaint in accordance with this complaint procedure.
Complaints about the performance of the agreement must be submitted to the entrepreneur fully and clearly described within 2 months, after the consumer has identified 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 foreseeably longer processing time, the entrepreneur will respond within the 14-day period with a notice 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 amenable to dispute resolution.
For complaints, a consumer should first turn to the entrepreneur. If the webshop is affiliated with Stichting WebwinkelKeur and for complaints that cannot be resolved by mutual agreement, the consumer should turn to Stichting WebwinkelKeur (www.webwinkelkeur.nl), which will mediate free of charge. Check whether this store has a current membership through https://www.webwinkelkeur.nl/ledenlijst/. If there is still no solution, the consumer has the possibility to have his complaint handled by the independent arbitration board appointed by Stichting WebwinkelKeur, the decision is binding and both entrepreneur and consumer agree to this binding decision. To submit a dispute to this dispute committee are costs associated that should be paid by the consumer to the committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the obligations of the entrepreneur, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its discretion, either replace or repair the delivered products free of charge.
Article 15 – Disputes
On agreements between the entrepreneur and the consumer to which these general conditions relate, only Dutch law applies. Even if the consumer resides abroad.
The Vienna Sales Convention does not apply.
Article 16 – Additional or different provisions
Additional provisions or provisions deviating from these general conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Model withdrawal form
(complete and return this form only if you wish to revoke the agreement)
To:
STEELTOYS
Blokenweg 6A
5165 NR Waspik
info@steeltoys.nl
+31 416 24 44 00
+31 6 15 35 06 06
– I/We (*) hereby inform(*) you that I/We (*) revoke(*) our contract regarding the sale of the following goods/delivery of the following service (*):
– Ordered on (DD-MM-YYYY) : – Order reference :
– Received on (DD-MM-YYYY):
– Your Name:
– Your Address :
– Your IBAN Account Number:
– Signature of You(s) (only if this form is submitted on paper)
– Date(DD-MM-YYYY):
(*) Delete what does not apply.
General Terms and Conditions of Steeltoys, located in Waspik
Version revised and valid from 01-03-2022
1. General
1.1 These general terms and conditions are applicable to all offers of Steeltoys. The terms and conditions are accessible to everyone and included on the Steeltoys internet site. Upon request, we will send you a written copy.
1.2 By placing an order you indicate that you agree with the terms of delivery and payment. Steeltoys reserves the right to change its conditions of delivery and/or payment after the expiry of the term.
1.3 Unless otherwise agreed in writing, the general or specific terms and conditions or stipulations of third parties are not recognized by Steeltoys.
1.4 Steeltoys guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.
2. Delivery
2.1 Delivery is made while supplies last.
2.2 Under the rules of distance selling, Steeltoys will execute orders at least within 30 days. If this is not possible (because the order is out of stock or no longer available), or there is a delay for other reasons, or an order can not or only partially be executed, then the consumer will be informed within 1 month after placing the order and in that case he has the right to cancel the order without costs and notice.
2.3 Steeltoys’ obligation to deliver will be fulfilled, subject to proof to the contrary, as soon as the goods delivered by Steeltoys have been offered once to the buyer. In case of home delivery, the carrier’s report containing the refusal of acceptance will serve as full proof of the offer of delivery.
2.4 All terms mentioned on the Internet site are indicative. No rights can therefore be derived from the terms mentioned.
3. Prices
3.1 Prices will not be increased within the term of the offer, unless legal measures make it necessary or if the manufacturer implements interim price increases.
3.2 All prices on the site are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors.
3.3 All prices on the site are in EUROs and include 6% or 21% VAT.
4. Trial period / right of withdrawal
4.1 If there is a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the buyer has the right to return (part of) the delivered goods within a period of 14 working days without giving reasons. This period begins when the ordered goods have been delivered. If the buyer has not returned the delivered goods to Steeltoys after this period has expired, the sale is a fact. Before returning the goods, the buyer must notify Steeltoys in writing within 7 business days after delivery. The buyer must prove that the delivered goods have been returned in time, for example by means of a proof of postal delivery. Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. If the goods have been used by the buyer, encumbered or damaged in any way, the right to dissolution within the meaning of this paragraph shall lapse. Subject to what is provided in the previous sentence, Steeltoys will ensure that within 30 days after proper receipt of the returned goods, the full purchase price including the calculated shipping costs will be refunded to the buyer. The return of the delivered goods is entirely at the expense and risk of the buyer.
4.2 The right of withdrawal does not apply to:
* services whose performance, with the consent of the consumer, has begun before the deadline of seven working days;
* goods or services whose price is subject to fluctuations in the financial market over which the supplier has no control;
* Goods manufactured to the consumer’s specifications, e.g., customization, or of a distinctly personal nature;
* for goods or services that by their nature cannot be returned, for example because of hygiene or that spoil or age quickly.
5. Data management
5.1 If you place an order with Steeltoys, your data will be included in the customer database of Steeltoys. Steeltoys abides by the General Data Protection Regulation (AVG) and will not provide your data to third parties. See our Privacy Policy 14
5.2 Steeltoys respects the privacy of the users of the internet site and ensures confidential treatment of your personal data.
5.3 Steeltoys uses a mailing list in some cases. Each mailing contains instructions on how to remove yourself from this list.
6. Warranty
6.1 Steeltoys guarantees that the products it delivers meet the requirements of usability, reliability and longevity as reasonably intended by the parties to the purchase agreement, and thereby stands in for the manufacturer’s warranty of the product delivered to you.
6.2 The warranty period of Steeltoys corresponds to the factory warranty period. However, Steeltoys is never responsible for the ultimate 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 buyer is obliged to check the delivered goods immediately upon receipt. If it turns out that the delivered goods are incorrect, faulty or incomplete, the buyer must (before proceeding to return them to Steeltoys) immediately report these defects in writing to Steeltoys. Any defects or wrong goods delivered should and can be reported in writing to Steeltoys at the latest 2 months after delivery. Goods must be returned in their original packaging (including accessories and accompanying documentation) and in new condition. Taking into use after the discovery of defects, damage occurring after the discovery of defects, encumbrance and/or resale after the discovery of defects, makes this right to complain and return entirely null and void.
6.4 If complaints from the buyer are deemed founded by Steeltoys, Steeltoys will, at its option, either replace the delivered goods free of charge or make a written arrangement with the buyer about the compensation for damages, on the understanding that Steeltoys’ liability and therefore the amount of compensation for damages is always limited to a maximum of the invoice amount for the goods in question, or (at Steeltoys’ discretion) to the maximum amount covered by Steeltoys’ liability insurance in the case in question. Any liability of Steeltoys for any other form of damage is excluded, including additional compensation in whatever form, compensation for indirect or consequential damage or damage due to loss of profit.
6.5 Steeltoys is not liable for damage caused by intentional or equivalent deliberate recklessness of non-managerial personnel.
6.6 This warranty does not apply if: A) and as long as the buyer is in default towards Steeltoys; B) the buyer has repaired and/or modified the delivered goods himself or has had them repaired and/or modified by third parties. C) the delivered goods are exposed to abnormal conditions or are otherwise carelessly treated or have been treated contrary to the instructions of Steeltoys and/or instructions for use on the packaging; D) the defectiveness is wholly or partially the result of regulations which the government has imposed or will impose regarding the nature or quality of the materials used.
7. Offers
7.1 Offers are without obligation unless otherwise stated in the offer.
7.2 Upon acceptance of a non-binding offer by the buyer, Steeltoys reserves the right to withdraw or deviate from the offer within the period of 3 working days after receipt of that acceptance.
7.3 Verbal commitments shall bind Steeltoys only after they have been expressly confirmed in writing.
7.4 Offers from Steeltoys do not automatically apply to repeat orders as well.
7.5 Steeltoys cannot be held to its offer if the buyer should have understood that the offer, or any part thereof, contained an obvious mistake or slip of the pen.
7.6 Additions, modifications and/or further agreements shall be effective only if agreed in writing.
8. Agreement
8.1 An agreement between Steeltoys and a customer is established after an order assignment has been evaluated for feasibility by Steeltoys.
8.2 Steeltoys reserves the right, without giving reasons, not to accept orders or assignments or to accept them only under the condition that the shipment is made cash on delivery or after advance payment.
9. Images and specifications
9.1 All images; photographs, drawings etc.; including data on weights, dimensions, colors, images of labels, etc. on the Steeltoys internet site are approximate only, are indicative and cannot be a reason for compensation or dissolution of the agreement.
10. Force Majeure
10.1 Steeltoys is not liable if and to the extent its commitments cannot be fulfilled due to force majeure.
10.2 Force majeure means any foreign cause, as well as any circumstance, which in all reasonableness should not be at its risk. Delay at or failure to perform by our suppliers, disruptions in the Internet, disruptions in electricity, disruptions in e-mail traffic and disruptions or changes in technology supplied by third parties, transport difficulties, strikes, government measures, delays in supply, negligence on the part of suppliers and/or manufacturers of Steeltoys as well as auxiliaries, sickness of personnel, deficiencies in auxiliary means or means of transport are expressly considered as force majeure.
10.3 Steeltoys reserves the right to suspend its obligations in case of force majeure and is also entitled to rescind the agreement in whole or in part, or to demand that the content of the agreement is modified in such a way that execution remains possible. Under no circumstances will Steeltoys be liable to pay any penalty or compensation.
10.4 If Steeltoys has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or the deliverable part separately and the buyer is obliged to pay this invoice as if it were a separate contract. However, this does not apply if the part already delivered and/or deliverable part has no independent value.
11. Liability
11.1 Steeltoys is not liable for damage to vehicles or other objects caused by improper use of the products. Before use, please read the instructions on the packaging and/or consult our website.
12. Retention of title
12.1 Ownership of all goods sold and delivered by Steeltoys to the buyer remains with Steeltoys as long as the buyer has not paid Steeltoys’ claims under the agreement or previous or subsequent similar agreements, as long as the customer has not yet paid the executed or still to be executed activities from these or similar agreements and as long as the customer has not yet paid the claims of Steeltoys due to shortcomings in the fulfillment of such obligations, including claims in respect of fines, interest and costs, all as referred to in article 3:92 BW.
12.2 Goods delivered by Steeltoys which are subject to retention of title may only be sold on within the framework of normal business operations and may never be used as a means of payment.
12.3 The buyer is not authorized to pledge or otherwise encumber the goods subject to retention of title.
12.4 The buyer hereby unconditionally and irrevocably authorizes Steeltoys or a third party to be appointed by Steeltoys, in all cases in which Steeltoys wishes to exercise its property rights, to enter all those places where its property will then be located and to take those goods with it.
12. If third parties seize the goods delivered under retention of title or wish to establish or assert rights to them, the customer is obliged to inform Steeltoys thereof as soon as may reasonably be expected.
12. The buyer undertakes to insure and keep insured the goods delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection to Steeltoys upon first request.
13. Applicable law/competent court
13.1 All agreements are governed by Dutch law.
13.2 Disputes arising from an agreement between Steeltoys and the buyer, which cannot be resolved in mutual consultation, will be heard by the competent court within the district of Rotterdam, unless Steeltoys prefers to submit the difference to the competent court of the domicile of the buyer, and with the exception of those disputes which fall under the competence of the subdistrict court.
14. Privacy Policy
14.1 Steeltoys respects the privacy of all users of its website and observes the relevant legal privacy provisions in the process of processing personal data.
14.2 Steeltoys uses your data to process your order correctly and quickly. In doing so, Steeltoys will only make data available to third parties who are involved in the execution of your order and then only to the extent necessary for a fast and correct processing of your order.
14.3 More specifically, Steeltoys uses the collected data to provide its customers with the following services:
When you place an order, we need your name, e-mail address, delivery address and payment information to carry out your order and keep you informed about its progress.
To make shopping at Steeltoys as pleasant as possible for you, we store with your consent your personal information, the data related to your order and the use of our services. This allows us to personalize our website and recommend titles that may be of interest to you in the future.
With your given permission, Steeltoys uses your information to inform you about the development of the website and about special offers and promotions. If you no longer appreciate this, please let us know by sending an e-mail to info@steeltoys.nl
If you create an account with Steeltoys, we will store your information on a secure server for as long as you have an account with us. In your account we store information such as your name and address, telephone number, email address, delivery address and payment details, so that you do not have to fill them in again when placing a new order. Of course you have the right to object to the processing of personal data. Also the right to complain to the Authority for Personal Data.
Data on the use of our website and the feedback we receive from our visitors help us to further develop and improve our website.
When you decide to write a review, you can choose whether your name or other personal data are visible. We are interested in the opinions of our visitors. We reserve the right not to publish contributions that do not meet our site conditions.
When you respond to a promotion or contest, we ask for your name, address and e-mail address. This information is used to perform the action, announce the prize winner(s) and measure the response to our marketing campaigns.
15. Steeltoys does not sell your data.
15.1 Steeltoys will not sell your personal data to third parties and will only make them available to third parties involved in the execution of your order. Our employees and third parties engaged by us are obliged to respect the confidentiality of your data.
15.2 Your personal data is safe with Steeltoys. We appreciate the trust you place in us and we will therefore be extremely careful with your personal data. When you place an order or consult your account on Steeltoys, the most modern techniques are used; the Secure Socket Layer. For more information visit Safe Ordering. Your data will be protected and kept confidential at all times.
16. Coockies
16.1 Coockies are small pieces of information stored by your browser on your computer.Steeltoys uses coockies to recognize you on your next visit. Coockies enable us to collect information about the use of our services and to improve and adapt them to the needs of our visitors. Our coockies provide information regarding personal identification. You can set your browser so that you will not receive coockies while shopping at Steeltoys.
Steeltoys uses external advertising technologies from reputable third parties to gain insight into visitor behavior on our website. The purpose of this is to determine the effectiveness of internet advertising on our website and the websites of third parties. For this purpose, we use coockies provided by us and placed by us. This is aimed at registering certain actions and transactions of our visitors on Steeltoys and based on this data to designate certain profiles for relevant visitors. When the respective visitor comes to a website within our partner’s network, an advertisement expression is displayed based on the designated profile. In both cases, we transmit the website usage of visitors to our website to our partner’s servers. In neither case is the information collected on our behalf and tracked through this technology personally identifiable.
16.2 If you have any questions about the Privacy Policy of Steeltoys, please send an e-mail to info@steeltoys.nl. Our customer service will help you if you need information about your data or if you want to change it. On this page you will always find the latest information regarding our privacy policy.
