General Terms and Conditions
Article 1: Definitions
In these terms and conditions the following terms will be used in the following meanings, unless explicitly indicated differently or if it is different because of the context.
a. Kids Department: the user of these Terms and Conditions: Kids Department located at Herenstraat 130 in Wateringen, registered with the Kamer van Koophandel under the KvK-number 56727852, with the email address email@example.com and with the BTW-number NL 145118058B02;
b: costumer: every physical person that Kids Department has an agreement with;
c. agreement: the agreement between the client and Kids Department;
d.product: every delivered product or to be delivered by Kids Department based on the agreement;
e. website: the website www.kidsdepartment.nl
Article 2: General
2.1 Any deviations of these terms and conditions are only valid if this term is agreed with Kids Department in a written or electronic way.
2.2 The applicability of possible purchase or other conditions of the client are explicitly rejected.
2.3 If one or multiple conditions in these terms and conditions are null or were allowed to be destroyed, the remaining conditions of these terms and conditions are completely applicable. Kids Department will consult with the client about agreeing on new conditions in exchange of the destroyed ones. The goal and the purpose of the original conditions will be taken into account as much as possible.
Article 3 Offers
3.1 On the website, in catalogs and mailes, we attempt to make the picture as simular as possible to the real product. Typos excluded.
3.2. The mentioned prices for the offered products are in euros including BTW and exclusive shipping costs-
3.3 Offers do not count automatically for future orders.
Article 4 Making of the agreement
4.1 The agreement is created on the moment the offer is accepted by the client and and the terms and conditions that come with it are accomplished.
4.2 If the client accepted the offer in a electronical way, Kids Department confirms the acceptance of the offer immediately in an electronical way. As long as the receipt of this acceptance is not confirmed, the client can dissolve the agreement.
Article 5 change of price
5.1 If the prices for the offered products rise after the agreement is made, the client is allowed cancel the agreement on the day the prices rise.
5.2 Increase of prices after the agreement is made, is allowed if the increase is due to a legal arrangement or determination.
Article 6 Delivery and times of delivery
6.1 The ordered products are send to the address given by the client, until the client gives a new address to Kids Department.
6.2 The delivery times given by Kids Department count at the moment the order is confirmed.
6.3 A contribution to the shipping costs is mentioned separately on the website and prior to the moment of order.
6.4 Once the products to be delivered are delivered to the client at the place of destination, the risk, if it concerns these products, is the client's.
6.5 Deliveries, which have been chosen to be send by mailbox post, are the client's risk entirely. Kids Department is also not responsible/ liable for missing shipments.
Article 7 Payment
7.1 Payment can be done in the following ways:
a. by Ideal;
b. by bank transfer;
c. Shipping with reimbursement
d. by paying cash in case of pick-up;
e. by digital giro (payment is handled by Afterpay)
7.2 If the payment is done by bank transfer, the payment of the invoice amount must be fulfilled within 5 days of the date of order, in a way stated by Kids Department and in the declared currency.
7.3 If the client fails to pay within the period of 14 days or canceled by the client and the invoice amount is not paid within 14 days of delivery, then the client is in default. The client ows Kids Department legal interest. The interest of the claimed amount will be calculated from the moment the client is in default to the moment of receiving the complete amount. If the client, after the legal reminder and notice, still does not come up to the demand, Kids Department can hand out the demanding, in which case the client is obligated to pay all judicial and extrajudicial costs next to the then owed amount and legal interest.
7.4 In case of liquidation, bankrupcy, seizure or moratorium (surseance) of payment of the client, the demands of Kids Department are immediately to claim.
Article 8 Dissolution
8.1 For 7 days after receivement of the product, the client has the right to dissolve the agreement without reasons and to return the delivered product in its complete form, unused and including original tags, package, etc. With such a dissolution Kids Department will refund the payed money within 10 business days after receivement of the product.
8.2 If the client dissolves the agreement in accordance to section 1, the shipping costs connected to the return of the product, must be paid by the client.
8.3 If the client did not follow the obligations within the deadline given in a noice by Kids Department, result of the agreement, Kids Department has the right to dissolve the agreement.
8.4 Furthermore Kids Department has the right to dissolve the agreement if circomstances, which make a succesfull agreement impossible to occur, or measures of reason and equity no longer can be required or if other circomstances occur, which are of a kind, that a conservation of the agreement cannot be expected.
Article 9 Complaints and limitation
9.1. Kids Department advises you to inspect the products immediately after receiving the order and to report the defects you found by letter within a reasonable time.
9.2. Complaints can be written or emailed to:
2291 BKK Wateringen
9.3 Complaints are dealt with by Kids Department within 15 days. If settlement of a complaint by a client is not possible within the time of 15 days, the client will be informed about the time of delay.
9.4 Products that are declared flimsy by Kids Department will be repaired by them, will be replaced by them, will be credited in purchase amount by them. The costs that are linked to repairment or replacement of the flimsy product must be paid by Kids Department.
9.5 If the client is not satisfied, the client has the possibility to present the complaint - one has to pay €25,- complaints money - to the disputes committee Thuiswinkel, Postbus 90600, 2509 LP Den Haag.
9.6 The statement of the disputes committee is binding for both parties. If the client (partially) is given right, the complaints money is (partially) paid back to the client.
9.7 Above gives the right unimpededly to present a dispute to the qualified judge.
9.8 All claims against Kids Department, which are not filed within 2 years of emergence, expire.
Article 10 Returns
Kids Department does its best to deliver clothing and asseccories perfectly at your home. If nevertheless a product does not live up to your expectations, the product can be returned. However there are some terms and conditions linked to returns.
- If you wish to use the return / exchange service, you can use the enclosed return form when ordering, or download it here (in Dutch only).
- You can terurn the item(s) return to: Kids Department, o.v.v. exchange / return with the order number, Herenstraat 130, 2291 BK Wateringen.
- The shippingcosts for the return / exchange article are for your own account. You will choose your own carrier and are responsible for the return until we have received it in good order.
- If you wish to exchange an item, we will send the new desired product free of charge to you. (Only valid for orders within the Netherlands). If you are placing a new order then these costs are for the customer.
- Items can be returned within 14 days after delivery of your order.
- The return form must be filled in and to be included, so we know which order it is.
- Items should be returned in original condition, with attached price tags.
- Items must be unworn and undamaged.
- If your order has been eligible for free shipping and you want to return a part of the order which your new order amount is below the free shipping amount, the free shipping will be void. These costs will be deducted from the return amount. PostNL is it € 3.95.
If all these conditions have been fulfilled, the shipment will be accepted as a return.
The amount you paid (with eventual settlement of shipping fees and/or return shipping costs) will be deposited on your account by Kids Department within 10 business days.
Return of Sale Items
For items that are purchased at 60% off or more we give no refund but a coupon code.
Article 11 Circumstances beyond one's control
In case of circumstances beyond one's control Kids Department is not obliged to pay for the damage made by the client, except and so far as Kids Department had an advantage in result of the situation, which they would not have occured without the circomstances beyond one's control.
Article 12 Secrecy
12.1 Both parties are obliged to secrecy of all confidential information, which they received in the context of the agreement from each other or other sources. Information counts as confidential if this is reported by the other party or if this is a result of the nature of the information. The party that receives confidential information, will use this only for the purpose it is provided for.
12.2 If, based on a legal determination or a judicial statement, Kids Department has to provide confidential information to the third party, designated by the law or a qualified judge, and Kids Department can not appeal to a legal or by the judge acknowledged or allowed right of excuse, then Kids Department is not condemned to pay damages and not allowed to withdraw from the agreement, based on damage, which occured by these.
Article 13 Intellectual property rights
13.1 The client must entirely and unconditionally respect all intellectual property rights, which are connected to the delivered products by Kids Department.
13.2 Without prior written or electronical consent of Kids Department, the client is not allowed to copy, send on, spread, reproduce or publish information, texts, logos, brands, trade names, and images received and given by Kids Department.
Article 14 Security and internet
Kids Department will take appropriate security measures to protect the website against risks of unauthorized access to, or change, destruction or loss of the data entered through the website and given by the client, but Kids Department can not guarantee on this matter.
Article 15 Final determination
15.1 Applicable is always the version of the terms and conditions that counted at the time the agreement is made, except when the client accepted a validity of a revised version of the terms and conditions after the agreement is made.
15.2 Parties will appeal on the disputes commitee Thuiswinkel first, than the judge, after they did their best to settle the dispute in a mutual consultation.
15.6 If there is a dispute and Kids Department has informed the client to use the terms and conditions binding advice procedure, as described in article 9, than the client has a period of 2 months after being informed , to present the dispute to the qualified judge.
15.4 Upon every agreement between Kids Department and the client, the dutch law is applied.
Last change terms and conditions: Juli 28th, 2016