Terms and conditions

Article 1 — Definitions

In these terms and conditions:

1. Supplementary agreement: an agreement under which the consumer acquires products, digital content and/or services in connection with a distance contract, where those goods are supplied by the trader or a third party on the basis of an arrangement between that third party and the trader;
2. Cooling-off period: the period within which the consumer can exercise their right of withdrawal;
3. Consumer: the natural person who is not acting for purposes relating to their trade, business, craft or profession;
4. Day: calendar day;
5. Digital content: data produced and supplied in digital form;
6. Continuing agreement: an agreement for the regular supply of goods, services and/or digital content over a certain period;
7. Durable medium: any means — including email — that enables the consumer or trader to store information addressed to them personally in a way that allows future reference or use for a period suited to the purpose of the information, and that permits unaltered reproduction of the stored information;
8. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
9. Trader: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
10. Distance contract: an agreement concluded between the trader and the consumer within the framework of an organised system for distance selling, where up to and including the conclusion of the agreement exclusive or joint use is made of one or more techniques for distance communication;
11. Model withdrawal form: the European model withdrawal form set out in Annex I to these terms. Annex I does not have to be made available if the consumer has no right of withdrawal;
12. Technique for distance communication: means that can be used to conclude an agreement without the consumer and trader having to be in the same room at the same time.

Article 2 — Identity of the trader

Kideo Online B.V., trading under the names Kideo.store and Kideo.nl

Registered address: Vossenkamp 7-J
Telephone: +31 85 303 09 56
Available: Monday to Friday from 09:00 to 17:00
Email address: webwinkel@kideo.nl
Chamber of Commerce number: 78357381
VAT number: NL861364351B01

Article 3 — Applicability

1. These terms and conditions apply to every offer from the trader and to every distance contract concluded between the trader and the consumer.
2. Before the distance contract is concluded, the text of these terms is made available to the consumer. If this is not reasonably possible, the trader will indicate how the terms can be inspected and that they will be sent free of charge on request as soon as possible.
3. If the agreement is concluded electronically, the text of these terms may be made available to the consumer electronically in a way that allows it to be stored easily on a durable medium. If this is not reasonably possible, the trader will indicate where the terms can be consulted electronically and that they will be sent free of charge on request.
4. Where specific product or service conditions apply alongside these terms, the consumer may in the event of conflicting conditions always rely on the applicable provision that is most favourable to them.

Article 4 — The offer

1. If an offer is valid for a limited period or is subject to conditions, this is stated explicitly in the offer.
2. The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is detailed enough for the consumer to make a proper assessment. Images are a truthful representation of what is offered. Obvious mistakes or errors do not bind the trader.
3. Every offer contains information that makes clear to the consumer which rights and obligations are attached to accepting the offer.

Article 5 — The agreement

1. Subject to the provisions of paragraph 4, the agreement is concluded at the moment the consumer accepts the offer and meets the conditions attached to it.
2. If the consumer has accepted the offer electronically, the trader immediately confirms receipt of the acceptance electronically. As long as receipt has not been confirmed, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the trader takes appropriate technical and organisational measures to secure the electronic transfer of data and provides a safe web environment. If the consumer can pay electronically, the trader takes appropriate security measures for that as well.
4. Within the limits of the law, the trader may check whether the consumer can meet their payment obligations, as well as any facts and factors relevant to entering into the agreement responsibly. If, on those grounds, the trader has good reason not to enter into the agreement, they may refuse an order or request, or attach special conditions to it, stating reasons.
5. At the latest on delivery, the trader will send the consumer the following information: (a) the visiting address of the establishment where the consumer can go with complaints; (b) the conditions under which and the way in which the consumer can exercise the right of withdrawal, or a clear statement that the right of withdrawal is excluded; (c) information about warranties and existing after-sales service; (d) the price including all taxes, the cost of delivery and the method of payment, delivery or performance; (e) the requirements for cancelling the agreement if it has a duration of more than one year or is indefinite; (f) if the consumer has a right of withdrawal, the model withdrawal form.

Article 6 — Right of withdrawal

For products:

1. The consumer may dissolve an agreement for the purchase of a product during a cooling-off period of 14 days without giving reasons. The trader may ask the consumer for the reason for withdrawal, but may not oblige them to state it.
2. The cooling-off period starts on the day after the consumer, or a third party designated in advance who is not the carrier, has received the product, or: (a) with several products in one order: the day the last product was received; (b) with delivery in several shipments or parts: the day the last shipment or part was received; (c) with an agreement for regular delivery over a period: the day the first product was received.

For services and digital content not supplied on a tangible medium:

1. The consumer may dissolve a service agreement and an agreement for the supply of digital content not supplied on a tangible medium for 14 days without giving reasons.
2. This cooling-off period starts on the day after the agreement was concluded.

Extended cooling-off period if the right of withdrawal is not communicated:

1. If the trader has not provided the legally required information about the right of withdrawal or the model withdrawal form, the cooling-off period ends twelve months after the end of the original cooling-off period.
2. If the trader has provided that information within twelve months of the start of the original cooling-off period, the cooling-off period ends 14 days after the day the consumer received that information.

Article 7 — Consumer's obligations during the cooling-off period

1. During the cooling-off period the consumer will handle the product and its packaging with care. They will only unpack or use the product to the extent needed to establish its nature, characteristics and functioning — as they would be allowed to do in a shop.
2. The consumer is only liable for a reduction in the value of the product resulting from handling that goes beyond what is permitted under paragraph 1.
3. The consumer is not liable for any reduction in value if the trader has not provided them with all legally required information about the right of withdrawal before or when the agreement was concluded.

Article 8 — Exercising the right of withdrawal and the costs involved

1. If the consumer exercises their right of withdrawal, they report this to the trader within the cooling-off period using the model withdrawal form or in another unambiguous way.
2. As soon as possible, but within 14 days from the day after that notification, the consumer returns the product or hands it over to the trader (or their authorised representative). The consumer has in any case observed the return period if they send the product back before the cooling-off period has expired.
3. The consumer returns the product with all accessories supplied, where reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
4. The risk and the burden of proof for the correct and timely exercise of the right of withdrawal lie with the consumer.
5. The consumer bears the direct cost of returning the product. If the trader has not stated that the consumer must bear these costs, or indicates that they will bear them, the consumer does not have to pay the return costs.
6. If the consumer withdraws after having expressly requested that performance of the service begin during the cooling-off period, the consumer owes an amount proportionate to the part of the obligation the trader has performed at the moment of withdrawal.
7. The consumer bears no costs for the performance of services if: (a) the trader has not provided the legally required information about the right of withdrawal, or (b) the consumer has not expressly requested that performance begin during the cooling-off period.
8. The consumer bears no costs for the full or partial supply of digital content (not on a tangible medium) if they did not expressly agree in advance to performance beginning before the end of the cooling-off period, did not acknowledge losing their right of withdrawal, or the trader failed to confirm the consumer’s statement.
9. If the consumer exercises their right of withdrawal, all supplementary agreements are dissolved by operation of law.

Article 9 — Trader's obligations in the event of withdrawal

1. If the trader makes it possible to report withdrawal electronically, they send an acknowledgement of receipt without delay.
2. The trader refunds all payments made by the consumer, including any delivery costs for the returned product, without delay and within 14 days following the day of notification of withdrawal. Unless the trader collects the product themselves, they may wait to refund until they have received the product or the consumer has shown proof of return, whichever comes first.
3. For the refund the trader uses the same payment method the consumer used, unless the consumer agrees to another method. The refund is free of charge.
4. If the consumer chose a more expensive delivery method than the cheapest standard delivery, the trader does not have to refund the additional cost.

Article 10 — Exclusion of the right of withdrawal

The trader may exclude the following products and services from the right of withdrawal, but only if this is clearly stated with the offer, or at least in good time before the agreement is concluded:

1. Products or services whose price is tied to fluctuations on the financial market beyond the trader’s control;
2. Agreements concluded during a public auction;
3. Service agreements, after full performance of the service, if performance began with the consumer’s express prior consent and the consumer declared that they lose their right of withdrawal once the agreement has been fully performed;
4. Package travel and passenger transport agreements;
5. Service agreements for the provision of accommodation on a specific date or for a specific period, other than for residential purposes, goods transport, car rental and catering;
6. Agreements relating to leisure activities on a specific date or for a specific period;
7. Products made to the consumer’s specifications that are not prefabricated and are made on the basis of an individual choice or decision by the consumer, or that are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that by their nature are irrevocably mixed with other products after delivery;
11. Alcoholic drinks whose price was agreed when the agreement was concluded, but whose delivery can only take place after 30 days and whose actual value depends on market fluctuations;
12. Sealed audio and video recordings and computer software whose seal has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions to them;
14. The supply of digital content other than on a tangible medium, if performance began with the consumer’s express prior consent and they declared that they thereby lose their right of withdrawal.

Article 11 — The price

1. During the period of validity stated in the offer, the prices of the products and/or services offered are not increased, except for price changes resulting from changes in VAT rates.
2. Contrary to the previous paragraph, the trader may offer products or services with variable prices where those prices are tied to fluctuations on the financial market. This link and the fact that any stated prices are target prices are mentioned with the offer.
3. Price increases within 3 months of the agreement being concluded are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after the agreement was concluded are only permitted if the trader has stipulated this and: (a) they result from statutory regulations or provisions, or (b) the consumer has the right to cancel the agreement with effect from the day the price increase takes effect.
5. The prices stated in the offer include VAT.

Article 12 — Performance of the agreement and extra warranty

1. The trader guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and the statutory provisions and/or government regulations existing on the date the agreement was concluded. Where agreed, the trader also guarantees that the product is suitable for other than normal use.
2. An extra warranty provided by the trader, their supplier, the manufacturer or the importer never limits the statutory rights and claims the consumer can assert against the trader if the trader has failed to perform their part of the agreement.
3. Extra warranty means any commitment granting the consumer rights or claims that go beyond what is legally required.

Article 13 — Delivery and performance

1. The trader will take the greatest possible care when receiving and carrying out orders and when assessing requests for the provision of services.
2. The place of delivery is the address the consumer has made known to the trader.
3. The trader will carry out accepted orders promptly and within 30 days at the latest, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot be carried out or only in part, the consumer is informed of this within 30 days of placing the order. In that case the consumer has the right to dissolve the agreement free of charge.
4. After dissolution under the previous paragraph, the trader refunds the amount paid without delay.
5. The risk of damage and/or loss of products lies with the trader up to the moment of delivery to the consumer or a representative designated in advance, unless expressly agreed otherwise.

Article 14 — Continuing transactions: duration, cancellation and renewal

Cancellation:

1. The consumer may at any time cancel an agreement entered into for an indefinite period for the regular supply of products or services, observing the agreed cancellation rules and a notice period of no more than one month.
2. The consumer may at any time cancel an agreement entered into for a fixed period with effect from the end of that period, with a notice period of no more than one month.
3. The consumer may: (a) cancel these agreements at any time, without being limited to a specific time or period; (b) cancel them at least in the same way as they entered into them; (c) always cancel them with the same notice period as the trader has stipulated for themselves.

Renewal:

1. An agreement for a fixed period may not be tacitly renewed or extended for a fixed period.
2. By way of exception, an agreement for the regular supply of daily, news and weekly papers and magazines may be tacitly renewed for up to three months, provided the consumer can cancel towards the end of the renewal with a notice period of no more than one month.
3. An agreement for a fixed period may only be tacitly renewed for an indefinite period if the consumer may cancel at any time with a notice period of no more than one month (no more than three months where papers and magazines are supplied less than monthly).
4. A trial or introductory subscription is not continued tacitly and ends automatically at the end of the trial period.

Duration:

1. If an agreement has a duration of more than one year, the consumer may cancel at any time after one year with a notice period of no more than one month, unless reasonableness and fairness oppose cancellation before the end of the agreed term.

Article 15 — Payment

1. Unless agreed otherwise, amounts owed by the consumer must be paid within 14 days of the start of the cooling-off period, or in the absence of one, within 14 days of the agreement being concluded. For a service agreement this period starts on the day after the consumer received confirmation of the agreement.
2. In sales to consumers, the consumer may never be required to pay more than 50% in advance. Where advance payment has been stipulated, the consumer cannot assert any rights regarding performance of the order before the advance payment has been made.
3. The consumer has a duty to report inaccuracies in payment details provided or stated to the trader without delay.
4. If the consumer does not pay on time, they owe statutory interest on the outstanding amount — after having been notified of the late payment and given a period of 14 days to pay after all — and the trader is entitled to charge the extrajudicial collection costs incurred.

Article 16 — Complaints procedure

1. The trader has a sufficiently well-publicised complaints procedure and handles complaints in accordance with it.
2. Complaints about the performance of the agreement must be submitted to the trader fully and clearly described within a reasonable time of being discovered.
3. Complaints submitted are answered within 14 days of receipt. If a complaint requires a foreseeably longer processing time, the trader replies within 14 days with an acknowledgement of receipt and an indication of when a more detailed answer will follow.
4. The consumer must in any case give the trader 4 weeks to resolve the complaint by mutual agreement. After this period a dispute arises that is open to the dispute resolution procedure.

Article 17 — Disputes

1. Dutch law applies exclusively to agreements between the trader and the consumer to which these terms and conditions relate.

Article 18 — Additional or differing provisions

Provisions that are additional to or differ from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing, or in such a way that the consumer can store them in an accessible manner on a durable medium.

Annex I — Model withdrawal form

(Only complete and return this form if you wish to withdraw from the agreement.)

• To: Kideo Online B.V., Vossenkamp 7-J, webwinkel@kideo.nl
• I/We* hereby give notice that I/we* withdraw from our agreement concerning the sale of the following products [description of product]* / the supply of the following digital content [description of digital content]* / the provision of the following service [description of service]*
• Ordered on* / received on* [date]
• [Name of consumer(s)]
• [Address of consumer(s)]
• [Signature of consumer(s)] (only when submitted on paper)
• [Date]

* Delete as appropriate or fill in where applicable.