Terms & Conditions
General Terms and Conditions of International Bon Ton Toys B.V.
This English translation is provided for convenience only. The original Dutch version prevails in the event of inconsistencies or conflicts between the Dutch version and this translation.
Article 1. Definitions
IBTT: International Bon Ton Toys B.V., with corporate seat in Amsterdam.
Terms and Conditions: these general terms and conditions.
Consumer: a natural person acting for purposes outside his trade, business, craft or profession.
Article 2. Applicability of these Terms and Conditions
2.1 These Terms and Conditions apply to all offers made by IBTT and to all agreements concluded between IBTT and the Consumer.
2.2 In the unforeseen event that any provision of these Terms and Conditions is void or voided, the remainder of the agreement will remain in force as far as possible and the provision in question will be replaced with a provision that most closely matches the intent of the original provision.
2.3 If, at any time, IBTT does not require strict compliance with the agreement (including these Terms and Conditions), this does not mean that provisions thereof do not apply or that IBTT loses the right to require strict compliance with the agreement in future cases.
Article 3. The offer and the agreement
3.1 If an offer has a limited period of validity or is subject to certain conditions, this is explicitly stated in the offer.
3.2 The offer (as published on IBTT’s website) contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the Consumer to properly assess the offer.
3.3 Any images used by IBTT are a true representation of the products offered. IBTT is not bound by any obvious mistakes or errors in the offer. The Consumer cannot derive any rights from an obvious mistake or error in the offer.
3.4 All prices are stated in euros and are inclusive of value added tax (btw). All prices are exclusive of shipping costs (the shipping costs are specified in the offer).
3.5 The agreement is formed when the Consumer accepts the offer and complies with the relevant conditions. The Consumer accepts the offer by placing an order with IBTT. After placing an order, the Consumer automatically receives an order confirmation by email.
3.6 The agreement is formed electronically and the price is paid electronically. IBTT takes technical and organisational security measures for that purpose.
Article 4. Right of withdrawal
4.1 The Consumer has a cooling-off period of 14 days during which the Consumer has the right to cancel an agreement for the purchase of a product without reason. This cooling-off period commences the day after the Consumer or a third party designated in advance by the Consumer has received the product or, if the Consumer has ordered several products in one order, the day on which the Consumer or a third party designated in advance by the Consumer has received the last product.
4.2 During the cooling-off period the Consumer must handle the product and the packaging with care. The Consumer may unpack or use the product only to the extent that this is necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the Consumer may only handle and inspect the product as he would be allowed to do in a shop. The Consumer is liable for any diminished value of the product resulting from the handling of the product in a way other than what is allowed.
4.3 If the Consumer wishes to exercise his right of withdrawal, he must use the model withdrawal form or notify IBTT accordingly in another unambiguous way, within the cooling-off period. The Consumer must return the product as soon as possible, but within 14 days of the day following this notification. The Consumer must return the product with all accessories delivered, in original condition and packaging if reasonably possible, and in accordance with IBTT’s reasonable and clear instructions. The risk and burden of proof with respect to the correct and timely exercise of the right of withdrawal rests with the Consumer. The direct costs of returning the product are borne by the Consumer.
4.4 If the Consumer exercises his right of withdrawal, the agreement and any ancillary agreement are cancelled by operation of law.
4.5 If the Consumer exercises his right of withdrawal, IBTT will refund the Consumer all payments made by him, including any delivery costs invoiced by IBTT for the product returned, no later than 14 days after the day on which the Consumer has notified IBTT of the withdrawal. IBTT may withhold the refund until it has received the returned product or until the Consumer provides evidence of having returned the product, whichever is the earliest.
4.6 IBTT makes the refund using the same means of payment that the Consumer used for the initial purchase, unless the Consumer agrees to a different method. The Consumer will not incur any fees as a result of the refund. If the delivery method chosen by the Consumer is more expensive than the cheapest standard delivery method, the delivery charge paid by the Consumer is non-refundable by IBTT to the extent that it exceeds the standard delivery charge.
Article 5. Delivery and performance
5.1 IBTT will accept and process orders for products with the utmost of care. The address notified by the Consumer to IBTT is deemed to be the delivery address.
5.2 The offer will state the estimated delivery time. Delivery times are indicative and not guaranteed. The Consumer will be notified of any material delivery delays or if an order cannot be filled or can be filled only partially. In that case the Consumer has the right to cancel the agreement at no cost. After cancellation of the agreement IBTT will refund the amount paid by the Consumer.
5.3 The risk of damage to and/or loss of products rests with IBTT until the product has been delivered to the Consumer or a third party designated in advance by the Consumer.
Article 6. Quality and warranty
6.1 IBTT warrants that the quantity, quality and external features of the products delivered match the specifications mentioned on its website.
6.2 If the products delivered by IBTT are defective due to faulty materials or workmanship, IBTT will, at its discretion and depending on the circumstances, repair (or have repaired) the products in question or replace them or credit the Consumer for the amount in question.
6.3 Products or parts replaced because of defects as a result of faulty materials or workmanship become the property of IBTT again.
Article 7. Payment
7.1 The Consumer must pay the price electronically immediately after placing the order.
7.2 If the Consumer fails to meet his payment obligations or other obligations to IBTT, IBTT has the right to suspend the performance of an agreement concluded with the Consumer (including the delivery of products).
Article 8. Liability and loss or damage
IBTT is not liable for any indirect and/or consequential loss or damage. IBTT is liable for direct loss or damage only, up to a maximum of 100% of the gross invoice value of the products delivered in connection with which the loss or damage has arisen.
Article 9. Intellectual property rights
Copyrights, design rights and all other intellectual property rights embodied in the products or parts of products delivered by IBTT to the Consumer and designed by or on the instructions of IBTT, are the property of IBTT and are not transferred to the Consumer in any way.
Article 10. Complaints
Complaints about the performance of the agreement must be described fully and clearly and submitted to IBTT in a timely manner after the Consumer has discovered the defects. IBTT will respond to a complaint within 14 days of the date of receipt thereof. If the time for processing a complaint is expected to be longer, IBTT will respond within the 14-day period by acknowledging receipt of the complaint and providing an indication of when the Consumer may expect a more detailed response. The Consumer must in any case give IBTT 4 weeks to resolve the complaint in consultation with the Consumer.
Article 11. Governing law
These Terms and Conditions, as well as all rights, obligations, quotes, orders and agreements to which these Terms and Conditions apply, are governed exclusively by the laws of the Netherlands.
Article 12. Filing
These Terms and Conditions have been filed with the Dutch Chamber of Commerce.