Terms and Conditions

General terms and conditions RSW Trading

Definitions

1. RSW Trading: Kiddoworld.eu, established in Udenhout under Chamber of Commerce no. 74700502.
2. Customer: the person with whom RSW Trading has entered into an agreement.
3. Parties: RSW Trading and customer together.
4. Consumer: a customer who is also an individual and who acts as a private person.

Applicability of general terms and conditions

1. These terms and conditions apply to all quotations, offers, activities, orders, agreements and deliveries of services or products by or on behalf of RSW Trading.
2. Parties can only deviate from these terms and conditions if they have expressly agreed so in writing.
3. The parties expressly exclude the applicability of additional and/or deviating general terms and conditions of the customer or of third parties.

Prices

1. All prices that RSW Trading uses are in euros, include VAT and exclude any other costs such as administration costs, levies and travel, shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
2. All prices that RSW Trading uses for its products or services, on its website or that are otherwise made known, can be changed by RSW Trading at any time.
3. Increases in the cost prices of products or parts thereof, which RSW Trading could not foresee at the time of making the offer or the conclusion of the agreement, may give rise to price increases.
4. The consumer has the right to dissolve an agreement as a result of a price increase as referred to in paragraph 3, unless the increase is the result of a statutory regulation.

 

Samples/Models

 

If the customer has received a sample or model of a product, he cannot derive any rights from it other than that it is an indication of the nature of the product, unless the parties have expressly agreed that the products to be delivered correspond to the sample or model. .

Consequences of not paying on time

 

1. If the customer does not pay within the agreed term, RSW Trading is entitled to charge an interest of 1% per month from the day the customer is in default, whereby part of a month is counted as a whole month.
2. If the customer is in default, he also owes extrajudicial collection costs and any compensation to RSW Trading.
3. The collection costs are calculated on the basis of the Decree on compensation for extrajudicial collection costs.
4. If the customer does not pay on time, RSW Trading may suspend its obligations until the customer has fulfilled its payment obligation.
5. In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, RSW Trading's claims against the customer are immediately due and payable.
6. If the customer refuses to cooperate in the execution of the agreement by RSW Trading, he is still obliged to pay the agreed price to RSW Trading.

Right of advertising

 

1. As soon as the customer is in default, RSW Trading is entitled to invoke the right of complaint with regard to the unpaid products delivered to the customer.
2. RSW Trading invokes the right of complaint by means of a written or electronic communication.
3. As soon as the customer has been informed of the invoked right of complaint, the customer must immediately return the products to which this right relates to RSW Trading, unless the parties agree otherwise.
4. The costs for the return or return of the products will be borne by the customer.

 

Right of withdrawal

 

1. A consumer can cancel an online purchase during a cooling-off period of 14 days without giving any reason, provided that:

• the product has not been used
• it is not a product that has been tailor-made or modified especially for the consumer
• it is not a product that cannot be returned for hygienic reasons.
• it is not an (order for) emergency repair
• the consumer has not waived his right of withdrawal

1. The cooling-off period of 14 days as referred to in paragraph 1 starts:

• on the day after the consumer has received the last product or part of 1 order
• as soon as the consumer has received the first product with a subscription
• as soon as the consumer has purchased a service for the first time
• as soon as the consumer has confirmed that he will purchase digital content via the internet

     3. The consumer can make his appeal to the right of withdrawal known via              info@kiddoworld.eu, if desired using the withdrawal form that can be               downloaded from the RSW Trading website, www.kiddoworld.eu.

     4.  The consumer is obliged to return the product to RSW Trading within 14              days after making his right of withdrawal known, failing which his right of              withdrawal will lapse.

     5. The costs for return will only be borne by RSW Trading if the entire order            is  returned.

      6.   If the purchase costs and any other costs (such as shipping and return               costs) are eligible for a refund according to the law, RSW Trading will                   refund these costs to the consumer within 14 days after receipt of the                   timely appeal to the right of withdrawal, provided that the consumer has                returned the product to RSW Trading in a timely manner.

Right of suspension

Unless the customer is a consumer, the customer waives the right to suspend the performance of any obligation arising from this agreement.

Right of retention

1. RSW Trading can invoke its right of retention and in that case keep the customer's products in its possession until the customer has settled all outstanding invoices with regard to RSW Trading, unless the customer has provided sufficient security for those costs.
2. The right of retention also applies on the basis of previous agreements from which the customer still owes payments to RSW Trading.
3. RSW Trading is never liable for any damage that the customer may suffer as a result of using his right of retention.

Settlement

Unless the customer is a consumer, the customer waives his right to set off a debt owed to RSW Trading against a claim against RSW Trading.

Retention of title

1. RSW Trading remains the owner of all delivered products until the customer has fully complied with all its payment obligations towards RSW Trading under any agreement concluded with RSW Trading, including claims for failure to perform.
2. Until that time, RSW Trading can invoke its retention of title and take back the goods.
3. Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
4. If RSW Trading invokes its retention of title, the agreement will be deemed dissolved and RSW Trading will be entitled to claim compensation, lost profit and interest.

Delivery

1. Delivery takes place while stocks last.
2. Delivery takes place at/from RSW Trading, unless the parties have agreed otherwise.
3. Delivery of products ordered online takes place at the address indicated by the customer.
4. If the agreed amounts are not paid or are not paid on time, RSW Trading has the right to suspend its obligations until the agreed part has been paid.
5. In the event of late payment, there is a default of creditors, with the result that the customer cannot object to RSW Trading for a late delivery.

Delivery time

1. The delivery times stated by RSW Trading are indicative and, if they are exceeded, do not entitle the customer to dissolution or compensation, unless the parties have expressly agreed otherwise in writing.
2. The delivery time commences when the customer has completed the (electronic) ordering process and has received an (electronic confirmation) from RSW Trading.
3. Exceeding the specified delivery time does not entitle the customer to compensation or the right to dissolve the agreement, unless RSW Trading is unable to deliver within 14 days after receiving a written demand to do so or the parties have agreed otherwise.

Actual delivery

The customer must ensure that the actual delivery of the products ordered by him can take place on time.

Transportation costs

Transport costs are for the account of the customer, unless the parties have clearly agreed otherwise.

Packing and Shipping

 

1. If the packaging of a delivered product is opened or damaged, the customer must have a note drawn up by the forwarder or delivery person before receiving the product, failing which RSW Trading cannot be held liable for any injury.
2. If the customer takes care of the transport of a product himself, he must report any visible damage to products or the packaging to RSW Trading prior to transport, failing which RSW Trading cannot be held liable for any damage.

Storage

1. If the customer only accepts ordered products later than the agreed delivery date, the risk of any loss of quality is entirely for the customer.
2. Any additional costs as a result of early or late purchase of products will be fully borne by the customer.

Guarantee

1. The warranty with regard to products only applies to defects caused by faulty manufacture, construction or material.
2. 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 incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
3. The risk of loss, damage or theft of the products that are the subject of an agreement between the parties transfers to the customer at the moment when these are legally and/or actually delivered, at least come under the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

Exchange

1. Exchange is only possible if the following conditions are met:
2. exchange takes place within 14 days after purchase on presentation of the original invoice or proof of payment
3. the product is returned in its original packaging or with the original (price) tags still attached
4. the product has not been used yet
5. Discounted items, custom-made items or specially adapted items for the customer cannot be exchanged under any circumstances.

Disclaimer

The customer indemnifies RSW Trading against all claims from third parties related to the products and/or services supplied by RSW Trading.

Complaints

1. The customer must inspect a product or service provided by RSW Trading as soon as possible upon receipt for any shortcomings.
2. If a delivered product or service does not comply with what the customer could reasonably expect from the agreement, the customer must inform RSW Trading of this as soon as possible, but in any case within 1 month after the discovery of the shortcomings.
3. Consumers must inform RSW Trading within 1 month after the discovery of the shortcomings.
4. The customer provides as detailed a description as possible of the shortcoming, so that RSW Trading is able to respond adequately.
5. The customer must demonstrate that the complaint relates to an agreement between the parties and must prove that the complaint was not caused by his/her actions.
6. If a complaint relates to ongoing work, this can in any case not lead to RSW Trading being obliged to perform other work than has been agreed.

Notice of default

1. The customer must notify RSW Trading of any notice of default in writing. Electronic mail (read e-mail) is not covered by this written notification.
2. It is the customer's responsibility that a notice of default actually reaches RSW Trading (on time).

Joint and several liability customer

If RSW Trading enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts owed to RSW Trading under that agreement.

Liability RSW Trading

1. RSW Trading is only liable for any damage suffered by the customer if and insofar as that damage is caused by intent or willful recklessness.
2. If RSW Trading is liable for any damage, it is only liable for direct damage arising from or related to the execution of an agreement. Actions such as a fall/choking hazard are not included here.
3. RSW Trading is never liable for indirect damage, such as consequential damage, lost profit, lost savings or damage to third parties.
4. If RSW Trading is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damage amount, the liability is limited to the (part of the) invoice amount on which the liability relates.
5. All images, photos, colours, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Expiration period

Any right of the customer to compensation from RSW Trading expires in any case 12 months after the event from which the liability directly or indirectly arises. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.

Right to dissolution

1. The customer has the right to dissolve the agreement if RSW Trading imputably fails to fulfill its obligations, unless this shortcoming does not justify termination due to its special nature or minor significance.
2. If the fulfillment of the obligations by RSW Trading is not permanently or temporarily impossible, dissolution can only take place after RSW Trading is in default.
3. RSW Trading has the right to dissolve the agreement with the customer if the customer does not fully or not timely fulfill its obligations under the agreement, or if RSW Trading has taken cognizance of circumstances that give it good grounds to fear that the customer will fulfill its obligations. will not be able to comply properly.

Force majeur

1. In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of RSW Trading in the fulfillment of any obligation with regard to the customer cannot be attributed to RSW Trading in a situation independent of the will of RSW Trading, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which the fulfillment of its obligations cannot reasonably be required of RSW Trading.
2. The force majeure situation referred to in paragraph 1 also includes - but is not limited to: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom outages; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work stoppages.
3. If a force majeure situation occurs as a result of which RSW Trading cannot fulfill 1 or more obligations to the customer, those obligations will be suspended until RSW Trading can again meet them.
4. 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.
5. RSW Trading does not owe any (damage) compensation in a force majeure situation, even if it benefits from any advantage as a result of the force majeure situation.

Amendment of the agreement

If after the conclusion of the agreement for its implementation it appears necessary to change or supplement its content, the parties will adjust the agreement accordingly in good time and in mutual consultation.

Change of terms and conditions

1. RSW Trading is entitled to amend or supplement these general terms and conditions.
2. Minor changes can be made at any time.
3. RSW Trading will discuss major substantive changes with the customer in advance as much as possible.
4. Consumers are entitled to cancel the agreement in the event of a substantial change to the general terms and conditions.

Transfer of rights

1. Rights of the customer under an agreement between the parties cannot be transferred to third parties without the prior written consent of RSW Trading.
2. This provision applies as a stipulation with effect under property law as referred to in Section 3:83(2) of the Dutch Civil Code.

Consequences of nullity or voidability

 

1. If one or more provisions of these general terms and conditions prove to be invalid or voidable, this will not affect the other provisions of these terms and conditions.
2. A provision that is void or voidable will in that case be replaced by a provision that comes closest to what RSW Trading had in mind when drafting the conditions on that point.

Applicable law and competent court

1. Dutch law applies exclusively to every agreement between the parties.
2. The Dutch court in the district where RSW Trading is established / has its practice / office has exclusive jurisdiction to hear any disputes between the parties, unless the law prescribes otherwise.

Prepared on 02 March 2021.