- Kidzpiration: CU Business Creation, Kidzpiration, established in Den Haag, Chamber of Commerce no. 27323307.
- Customer: the retailer with whom Kidzpiration has entered into an agreement.
- Parties: Kidzpiration and customer together.
- These terms and conditions will apply to all orders and deliveries of services or products by or on behalf of Kidzpiration.
- Parties can only deviate from these conditions if they have explicitly agreed upon in writing.
- The parties expressly exclude the applicability of supplementary and/or deviating general terms and conditions of the customer or of third parties.
- All product prices used by Kidzpiration are in euros, are exclusive of VAT and exclusive of any other costs such as administration costs and shipping- or transport expenses, unless expressly stated otherwise or agreed otherwise.
- Kidzpiration is entitled to adjust all prices for its products or services, shown in its shop, on its website or otherwise, at any time.
- Increases in the cost prices of products or parts thereof, which Kidzpiration could not foresee at the time of making an offer or the conclusion of the agreement, may give rise to price increases.
- The customer has the right to eliminate the product from the order of which the price has been increased as referred to in paragraph 3.
Samples / models
- If the customer has seen a sample or model of a products on a tradeshow, he or she can not derive any rights from this other than that it is an indication of the nature of the product.
Payment and payment term
- First time orders, and orders of between € 300 and € 500 ex VAT, require a full pre-payment before the order will be dispatched. For repeat orders ≥ € 500 ex VAT there is a 14-days payment term after invoice date, unless otherwise agreed.
Consequences of late payment
- If the customer does not pay within the agreed term, Kidzpiration is entitled to charge an interest of 1% per month from the day the customer is in default, whereby a part of a month is counted for a whole month.
- When the customer is in default, he or she is also due to extrajudicial collection costs or an administration fee of minimum € 25 by Kidzpiration, and may be obligated to pay any compensation to Kidzpiration.
- The collection costs are calculated on the basis of the Reimbursement for extrajudicial collection costs.
- If the customer does not pay on time, Kidzpiration may suspend its obligations to process pending orders until the customer has met his payment obligation.
- In the event of liquidation, bankruptcy, attachment or suspension of payment on behalf of the customer, the claims of Kidzpiration on the customer are immediately due and payable.
- If the customer refuses to cooperate with the performance of the agreement by Kidzpiration, he or she is still obligated to pay the agreed price to Kidzpiration.
Right of recovery of goods
- As soon as the customer is in default, Kidzpiration is entitled to invoke the right of recovery with regard to the unpaid products delivered to the customer.
- Kidzpiration invokes the right of recovery by means of a written or electronic announcement.
- As soon as the customer has been informed of the claimed right of recovery, the customer must immediately return the products concerned to Kidzpiration, unless the parties agree to make other arrangements about this.
- The costs for the collection or return of the products are at the expense of the customer.
- Delivery takes place while stock last.
- Delivery of products ordered online takes place at the address indicated by the customer.
- It’s the customers responsibility to ensure that the delivery address is accurate per order, and contains no spelling mistakes leading to potential errors in delivery.
- Kidzpiration is not liable for any return shipments and accompanying costs due to negligence of its responsibility as referred to in paragraph 3, or by absence by the customer upon actual delivery at given address.
- If the agreed price is not paid on time, Kidzpiration has the right to suspend its obligations until the agreed price is fully paid.
- In the event of late payment, the customer is automatically in default, and hereby he or she can not object to late delivery by Kidzpiration.
- Any delivery period specified by Kidzpiration is indicative and does not give the customer the right to dissolution or compensation if this period is not met with, unless the parties have expressly agreed otherwise in writing.
- Transport costs are on behalf of the customer, unless the customer qualifies for Kidzpirations franco conditions per country.
Packaging and shipping
- If the outer-carton of a delivered order is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the order. In the absence of which Kidzpiration may not be held liable for any damage.
- If the customer himself takes care of the transport of a product, Kidzpiration is not to be held liable for any damage.
- Damaged product packaging does not entitle the customer for a full credit of the product.
- The warranty relating to products only applies to defects caused by faulty manufacture, construction or material.
- A product warrantee is given for consumers according to the brands consumer warrantee policy.
- The warranty does not apply in the event of normal wear and tear and damage resulting from accidents, changes made to the product, negligence or improper use by the customer, or when the cause of the defect can not clearly be established.
- The risk of loss, damage or theft of the products that are the subject of an agreement between the parties, will pass on to the customer when these products are legally and/or factually delivered, at least are in the power of the customer or of a third party who receives the product for the benefit of the customer.
- The customer indemnifies Kidzpiration against all third-party claims that are related to the products and/or services supplied by Kidzpiration. Product liability remains the responsibility of the manufacturing brand at all times.
- The customer must examine a product provided by Kidzpiration as soon as possible and not later than 14 days after delivery for possible shortcomings.
- The customer gives a detailed description as possible of the shortcomings, so that Kidzpiration is able to respond adequately.
- The customer must provide any notice of default to Kidzpiration in Writing.
- It is the responsibility of the customer that a notice of default actually reaches Kidzpiration (in time).
- Kidzpiration has the right to dissolve the agreement with the customer, if the customer does not fully or timely fulfill his or her obligations under the agreement, or if circumstances give Kidzpiration good grounds to feat that the customer will not be able to fulfil his or her obligations properly.
- In addition to the provisions of article 6:75 Dutch Civil Code, a shortcoming of Kidzpiration in the fulfillment of any obligation to the customer cannot be attributed to Kidzpiration in any situation independent of the will of Kidzpiration, when the fulfillment of its obligations towards the customer is prevented in whole or in part of when the fulfillment of its obligations cannot reasonably be required from Kidzpiration.
- The force majeure situation referred to in paragraph 1 is also applicable – but not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, deliverymen or other third parties; unexpected disturbances of power, electricity, internet, computer or telecoms; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
- If a situation of force majeure arises as a result of which Kidzpiration cannot fulfill one or more obligations towards the customer, these obligations will be suspended until Kidzpiration can comply with it.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing in whole or in part.
- Kidzpiration does not owe any (damage) compensation in a situation of force majeure, even if it has obtained any advantages as a result of the force majeure situation.
Changes in general terms & conditions
- Kidzpiration is entitled to amend or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
- The customer will be informed by Kidzpiration in case of major changes in content.
Transit of rights
- The customer can not transfer its rights deferring from an agreement with Kidzpiration to third parties without the prior written consent of Kidzpiration.
Consequences of nullity or annullability
- If one or more provisions of these general terms and conditions prove null or annullable, this will not affect the other provisions of these terms and conditions.
- A provision that is null or annullable shall, in that case, be replaced by a provision that comes closest to what Kidzpiration had in mind when drafting the conditions on that issue.
Applicable law and competent court
- Dutch law is exclusively applicable to all agreements between parties.
- The Dutch court in the district where Kidzpiration is established is exclusively competent in case of any disputes between parties, unless the law prescribes otherwise.