Terms and Conditions Voguetoys
Voguetoys operates a webshop in a wide range of erotic products. In these general terms and conditions, you can read about the conditions under which you can order products from Voguetoys.
Article 1 - Definitions
Various terms are used in these general terms and conditions. These terms have the following meanings:
- Voguetoys: the seller of the products and therefore the user of these general terms and conditions.
- Consumer: a natural person not acting in the exercise of a profession or business. This is therefore a private customer.
- Business customer: a natural person acting in the exercise of a profession or business or a legal entity. This is therefore a company.
- Buyer: the Consumer or Business Customer who places or wishes to place an order in the Voguetoys web shop and thereby enters into a payment obligation.
- Distance purchase: a purchase via the web shop.
- Written: both traditional written communication and digital communication such as e-mail.
- Agreement: the purchase agreement that the Buyer concludes with Voguetoys.
- Webshop: the webshop of Voguetoys in which products can be purchased remotely, accessible via https://www.voguetoys.com.
To keep these general terms and conditions readable, ‘Buyer’ is also referred to as ‘you or your’ and all parties together are also referred to as ‘Parties’ or separately as ‘Party’.
Article 2 - Identity of the entrepreneur
Voguetoys,
Chamber of Commerce number: 2466154
Email address: info@voguetoys.com.
Article 3 - When do these general terms and conditions apply?
- These general terms and conditions apply to the offer, all agreements and the delivery of products by or on behalf of Voguetoys. Before placing the order, you will be asked to agree to these general terms and conditions.
- Any general terms and conditions used by the Business Customer, however named, are expressly not applicable to the Agreement.
- Deviations from and additions to these general terms and conditions shall only apply if expressly accepted in writing by Voguetoys.
General terms and conditions Voguetoys March 2024 - Voguetoys may amend these general terms and conditions. The offer always refers to the most recent version of the general terms and conditions.
- If one or more provisions in these general terms and conditions prove to be void or voidable (invalid), the remaining provisions shall remain fully applicable. The parties will then negotiate the content of a new provision. This new provision shall as far as possible have the same scope and purpose as the original provision.
- If the Parties make arrangements in an Agreement which deviate from the arrangements in these general terms and conditions, the arrangements in the Agreement shall take precedence over these general terms and conditions.
- When you accept an offer from Voguetoys, Voguetoys assumes that you have taken note of these general terms and conditions and agree to their contents.
Article 4 - Offer
- An offer is without obligation. This means that Voguetoys can change the offer. If an offer has a limited period of validity or in case conditions are attached to the offer, this will be explicitly mentioned in the offer.
- All prices mentioned in the offer are inclusive of VAT, unless otherwise stated.
- You shall ensure that the information you provide to us is correct, up-to-date and complete.
- The content of the Agreement consists exclusively of the products described in the offer.
- You cannot hold Voguetoys to obvious mistakes or slips in the offer and/or typing and/or printing errors on Voguetoys’ website and/or social media channels. This means that in that case Voguetoys is not obliged to deliver the product at the incorrect price.
- Once the term of an action or offer has expired, you can no longer hold Voguetoys to the action rate or action conditions of that offer. Actions and offers apply as long as stocks last.
Article 5 - How the Agreement between Parties comes about
- The Agreement between Parties is established by you agreeing digitally to Voguetoys’ offer by indicating the product of your choice in the Web Shop, completing the ordering process and complying with the set conditions. Only upon receipt of an order confirmation is the order final;
- The parties agree that all means of communication customary at the time may be used for communication. In particular, this refers to means of communication that use an internet connection.
- Voguetoys shall take appropriate technical and organisational measures to secure the electronic transfer of data and electronic payment and shall ensure a secure web environment.
- You will receive the order confirmation by e-mail at the e-mail address you provided.
Article 6 - Webshop orders
- The website of Voguetoys contains a web shop in which physical products can be bought remotely.
- The images displayed in the Web Shop are a true representation of the products offered.
However, Voguetoys cannot guarantee that the colours displayed in the Web Shop exactly match the actual colours of a product. This also depends on the type of browser and the brand of computer, tablet or smartphone you are using. - Voguetoys delivers, in case no specific standards or regulations have been agreed upon, in accordance with that which Voguetoys could reasonably assume.
- Voguetoys guarantees that our products comply with the Agreement, the specifications stated in the offer, the reasonable requirements of soundness and/or usability and the legal provisions and/or government regulations existing on the date of purchase.
- Products have the properties that Voguetoys has made known in the offer.
Article 7 - Delivery and shipment of the products
- Voguetoys dispatches accepted orders within one (1) calendar day after the order is placed unless another term is indicated. Current delivery times are mentioned in the offer.
- If a delivery period is not going to be met, Voguetoys will inform you, without undue delay. In that case, the Consumer has the option to dissolve the Agreement within seven (7) calendar days of receiving that notification and request a refund of the purchase price.
- If a product is out of stock, this shall be clearly indicated in the offer and shall also indicate when the product is expected to be available. Delays will be communicated to you In Writing.
- The delivery periods mentioned in the offer are only an indication. Exceeding a delivery date, does not entitle you to damages or any other form of compensation. Voguetoys always executes the order within the legal execution period of thirty (30) calendar days.
- Products are discreetly delivered by an external transport company to the address you have made known. In case of a wrong address, the costs for the lost product are for your account.
- The risk of damage and/or loss of products passes to you from the moment of delivery to the address you have indicated.
- All prices quoted do not include shipping costs unless otherwise indicated.The amount of shipping costs will be clearly indicated in the Webshop.
Article 8 - Obligations of the Buyer
- You should check the product upon delivery for quality, visible damage and features or defects. If something unexpectedly turns out to be wrong with the delivery of the product, you must report this In Writing to Voguetoys at info@voguetoys.com without undue delay.
- You are obliged to comply with any product and/or user instructions supplied with the product and to only use the product for its intended purpose. Damage resulting from non-compliance with the instructions or use for other reasons shall not be the responsibility of Voguetoys.
Article 9 - Guarantee and liability
- The statutory warranty applies to all products.
- No warranty applies to:
a. Products that you have repaired or modified yourself and/or had repaired or modified by third parties;
b. Products that have been exposed to abnormal conditions or otherwise treated carelessly;
c. Normal wear and tear and discolouration caused by weather conditions such as direct sunlight, water or frost. - All claims relating to these general terms and conditions shall, in deviation from the statutory limitation period, lapse after twelve (12) calendar months.
Article 10 - Statutory cooling-off period (right of withdrawal)
The statutory cooling-off period is a legal right which only applies to Consumers. The statutory cooling-off period is also known as the right of withdrawal. In this article you can read which rules apply to the statutory cooling-off period.
- In a Distance Purchase, the Consumer is entitled to a statutory cooling-off period. This means that the Consumer can dissolve the Agreement within fourteen (14) calendar days after receiving the product, without giving reasons.
- When an order consists of multiple products, the cooling-off period starts on the day the Consumer received the last product from the order. The statutory cooling-off period does not apply to Business Customers.
- During the statutory cooling-off period, the Consumer may remove the product from the shipping packaging for the purpose of determining the nature and characteristics of the product in a manner that the Consumer would do in a physical shop. In doing so, the Consumer handles the product carefully and does not use the product. If depreciation occurs during the legal cooling-off period, the Consumer is liable for this.
- If the Consumer wishes to make use of the legal withdrawal period, the Consumer must inform Voguetoys of this within fourteen (14) calendar days using the withdrawal form or by sending an e-mail to: info@voguetoys.com. The Consumer will then return the product to Voguetoys within fourteen (14) calendar days after dissolution of the purchase.
- Returns will be made as much as possible in the original shipping packaging.
- The return costs are at the expense of the Consumer.
- The risk and burden of proof for the correct and timely exercise of the statutory cooling-off period lies with the Consumer.
- After receiving the return shipment, the Consumer will receive a confirmation and the purchase amount will be refunded to the Consumer’s bank account within fourteen (14) calendar days.
Article 11 - Exclusion of statutory cooling-off period (right of withdrawal)
The statutory cooling-off period as mentioned in article 9 of these general terms and conditions does not apply to all products from our Webshop. This article tells you when no cooling-off period applies.
For sealed products that are not suitable to be returned for reasons of hygiene or health protection, the statutory cooling-off period is explicitly excluded if the Consumer has broken the seal of the product after delivery. This applies inter alia, but not exclusively, to toys, care products, condoms, lingerie and underwear. There is also no cooling-off period for sealed audio, video recordings and computer software of which the seal has been broken after delivery and magazines and periodicals.
Article 12 - Prices, invoicing and payment
- Voguetoys has the right to adjust prices. Current prices are mentioned in the offer in the Web Shop.
- Orders are paid by means of an online payment system after completion of the order. Payment can be made via the payment options indicated by Voguetoys. You will automatically receive the payment confirmation at the e-mail address you have provided.
- Voguetoys remains owner of the delivered products until you have fulfilled your payment obligation.
- In case an invoice is not paid within the payment term or a payment is reversed due to invalid reasons, Voguetoys has the right to charge statutory (commercial) interest. In addition, Voguetoys may claim (extrajudicial) collection costs. With regard to the amount of these collection costs, the statutory regulations shall apply.
Article 13 - Privacy
- All Agreements and these general terms and conditions are also subject to Voguetoys’ privacy statement. This can be consulted on the website of Voguetoys.
- The privacy declaration states, among other things, which personal data Voguetoys processes, for what purpose this is done, how long the data are kept, with whom they are shared and how they are secured. The privacy statement also mentions the privacy rights of data subjects.
- Voguetoys will only process the personal data provided by you in accordance with the purposes as included in the privacy statement.
General terms and conditions Voguetoys March 2024
Article 14 - Complaints
- If you have a complaint about the execution of the Agreement or are not satisfied with a product delivered by Voguetoys, you can report defects or complaints in writing to Voguetoys within a reasonable time, fully and clearly described.
- Voguetoys will respond to the complaint in substance as soon as possible but at the latest within fourteen (14) calendar days after receipt of the complaint and, where possible, propose a solution.
- For Consumers who have a complaint about a purchase in the Web Shop, there is the possibility of submitting a complaint to the European Commission via the ODR platform: http://ec.europa.eu/odr.
Article 15 - Intellectual property rights
- All copyrights and other rights of intellectual property that rest on texts, images and videos displayed in the Web Shop or on the social media channels of Voguetoys, rest exclusively with Voguetoys and may not be reproduced, made public or otherwise distributed or shown to third parties by you without prior written consent.
- If you act in violation of the provisions of this article, Voguetoys shall be entitled to recover the resulting damage from you.
Article 16 - Applicable law & choice of forum
- In the event of disputes, the parties shall in all cases first attempt to reach a solution together. If this fails, disputes will be submitted to the competent court of the District Court of Zeeland-West Brabant, unless the law imperatively provides otherwise. This also applies to disputes that only one of the Parties considers to be a dispute.
- All agreements concluded and to be concluded by Voguetoys are exclusively governed by Dutch law.
These general terms and conditions are written by Maaike of @maaike. online legal support, www.onlinelegalsupport.nl.