Terms and Conditions

Table of contents:

Article 1 - Definitions
Article 2 - Identity of the entrepreneur
Article 3 - Applicability
Article 4 - The offer
Article 5 - The agreement
Article 6 - Right of withdrawal
Article 7 - Costs in case of withdrawal
Article 8 - Exclusion of right of withdrawal
Article 9 - The price
Article 10 - Conformity and guarantee
Article 11 - Delivery and execution
Article 12 - Duration transactions: duration, termination, and extension
Article 13 - Payment
Article 14 - Complaints procedure
Article 15 - Non-delivery and Returns
Article 16 - Disputes
Article 17 - Additional or deviating provisions

Article 1 - Definitions

In these terms and conditions, the following terms shall have the following meanings:

Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and enters into a distance contract with the entrepreneur;
Day: calendar day;
Long-term transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;
Durable data carrier: any means that enables the consumer or entrepreneur to store information that is addressed to him personally in a way that enables future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model withdrawal form: the model withdrawal form made available by the entrepreneur which a consumer can fill in when he wishes to make use of his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and/or services to consumers remotely;
Distance contract: a contract concluded within the framework of an organised system for distance selling of products and/or services by the entrepreneur, up to and including the conclusion of the contract, exclusively by one or more means of distance communication;
Means of distance communication: means that can be used to conclude a contract, without the consumer and entrepreneur being together in the same space at the same time.
General Terms and Conditions: the present General Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Laura's Play Cotton, Bloklandstraat 155a
Email address: info@laurasplaycotton.com
Chamber of Commerce number: 73582212
VAT identification number: on request

Article 3 - Applicability

These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur and they will be sent to the consumer free of charge as soon as possible upon request.
If the distance contract is concluded electronically, in deviation from the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent to the consumer free of charge electronically or in another way upon request.
In case that next to these general terms and conditions, specific product or service conditions are also applicable, the second and third paragraphs shall apply mutatis mutandis, and in case of conflicting general terms and conditions, the consumer can always invoke the applicable provision that is most favorable to him.
If one or more provisions in these general terms and conditions are wholly or partially null and void or are annulled at any time, the agreement and these terms and conditions shall remain in force for the rest and the provision in question shall be replaced in mutual consultation as soon as possible by a provision that approximates the purpose of the original as closely as possible.
Situations that are not regulated in these general terms and conditions must be assessed 'in the spirit' of these general terms and conditions.
Uncertainties about the interpretation or content of one or more provisions of our terms and conditions shall be interpreted 'in the spirit' of these general terms and conditions.

Article 4 - The offer

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
The offer is non-binding. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is detailed enough to allow the consumer to make a proper assessment of the offer. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications, and data in the offer are indicative and cannot lead to compensation or termination of the agreement.
Images of products are a truthful representation of the products offered. The entrepreneur cannot guarantee that the displayed colors exactly match the real colors of the products.
Each offer contains information in such a way that it is clear to the consumer what the rights and obligations are associated with accepting the offer. This concerns in particular:

the price including taxes;
any shipping costs;
the way in which the agreement will be concluded and what actions are required for that;
the applicability or not of the right of withdrawal;
the method of payment, delivery, and execution of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the amount of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular base rate for the used communication medium;
whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;
the way in which the consumer, prior to concluding the agreement, can check the data provided by him in the context of the agreement and, if desired, restore it;
any other languages in which, besides Dutch, the agreement can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance agreement in the event of a durable transaction.

Article 5 – The agreement

The agreement is concluded, subject to the provisions of paragraph 4, at the moment of acceptance by the consumer of the offer and compliance with the conditions set out therein.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may dissolve the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures for this purpose.
Within legal frameworks, the entrepreneur may ascertain whether the consumer can meet his payment obligations, as well as all those facts and factors that are important for a responsible conclusion of the distance agreement. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to its execution.
The entrepreneur will send the following information to the consumer with the product or service, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable medium:

the email address of the entrepreneur where the consumer can address complaints;
the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
information about warranties and existing after-sales service;
the data referred to in Article 4, paragraph 3 of these conditions, unless the entrepreneur has already provided these data to the consumer prior to the performance of the agreement;
the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.

In the case of a continuing performance contract, the provision in the previous paragraph applies only to the first delivery.
Each agreement is entered into subject to the suspensive conditions of sufficient availability of the relevant products.

Article 6 – The right of withdrawal

For the delivery of products:

Upon the purchase of products, the consumer has the option to dissolve the agreement without giving reasons for a period of 14 days. This cooling-off period starts on the day after the consumer receives the product or a previously designated representative informed the entrepreneur.
During the cooling-off period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he exercises his right of withdrawal, he will return the product with all accessories supplied and, if reasonably possible, in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.
If the consumer wishes to exercise his right of withdrawal, he must notify the entrepreneur within 14 days, after receiving the product, by using the return form. After the consumer has indicated that he wishes to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the goods have been returned on time, for example by means of proof of dispatch.
If the customer has not indicated within the specified periods as mentioned in paragraphs 2 and 3 that he wishes to make use of his right of withdrawal respectively. If the product has not been returned to the entrepreneur, the purchase is a fact.

For the delivery of services:

For the delivery of services, the consumer has the option to dissolve the agreement without giving reasons for at least 14 days, commencing on the day the agreement is entered into.
To exercise his right of withdrawal, the consumer must follow the reasonable and clear instructions provided by the entrepreneur with the offer and/or at the latest upon delivery.

Article 7 – Costs in case of withdrawal

If the consumer exercises his right of withdrawal, only the costs of returning the goods are at his expense.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after withdrawal. The condition is that the product has already been returned to the web retailer or that conclusive proof of complete return can be provided. Repayment will be made using the same payment method that the consumer used, unless the consumer expressly gives permission for another payment method.
If the product is damaged due to careless handling by the consumer himself, the consumer is liable for any decrease in value of the product.
The consumer cannot be held liable for any decrease in value of the product if the entrepreneur has not provided all legally required information about the right of withdrawal, which must be done before the conclusion of the purchase agreement.

Article 8 - Exclusion of the right of withdrawal

The entrepreneur may exclude the consumer's right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the conclusion of the contract.
The exclusion of the right of withdrawal is only possible for products:
a. that are made according to the consumer's specifications;
b. which are clearly personal in nature;
c. which cannot be returned due to their nature;
d. which can spoil or age quickly;
e. whose price is subject to fluctuations in the financial market over which the entrepreneur has no control;
f. for single newspapers and magazines;
g. for audio and video recordings and computer software whose seal has been broken by the consumer.
h. for hygienic products whose seal has been broken by the consumer.
Exclusion of the right of withdrawal is only possible for services: a. relating to accommodation, transport, catering, or leisure activities to be performed on a specific date or during a specific period; b. for which the delivery has started with the express consent of the consumer before the cooling-off period has expired; c. concerning bets and lotteries.

Article 9 - The price

During the validity period mentioned in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. These fluctuations and the fact that any prices mentioned are target prices will be stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. these are the result of statutory regulations or provisions; or
b. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
The prices mentioned in the offer of products or services include VAT.
All prices are subject to printing errors and typesetting errors. No liability is accepted for the consequences of printing errors and typesetting errors. In the event of printing errors and typesetting errors, the entrepreneur is not obliged to deliver the product at the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability, and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement.
If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur under the agreement.
Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 4 weeks after delivery.The return of products must be in the original packaging and in new condition.
The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each individual application by the consumer, nor for any advice regarding the use or application of the products.
The warranty does not apply if:

a. the consumer has repaired and/or modified the delivered products himself or has had them repaired and/or modified by third parties;
b. the delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the instructions of the entrepreneur and/or have been treated on the packaging;
c. the defectiveness is wholly or partially the result of regulations that the government has or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and Execution

The entrepreneur will exercise the greatest possible care when receiving orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated about this in paragraph 4 of this article, the company will execute accepted orders with due speed but no later than within 30 days, unless a longer delivery period has been agreed. If the delivery is delayed, or if an order cannot be or only partially executed, the consumer will be notified of this no later than 30 days after he has placed the order. In that case, the consumer has the right to dissolve the agreement free of charge. The consumer is not entitled to compensation for damages.
All delivery periods are indicative. The consumer cannot derive any rights from any specified terms. Exceeding a term does not entitle the consumer to compensation for damages.
In the event of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will make an effort to make a replacement item available. Clear and understandable notification of this will be made no later than at the time of delivery. The right of withdrawal cannot be excluded for replacement items. The costs of any return shipment are borne by the entrepreneur.
The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and made known representative to the entrepreneur, unless expressly agreed otherwise.

Article 12 – Duration, Termination, and Extension of Transactions:

Termination:

The consumer may terminate an agreement entered into for an indefinite period and which aims to deliver products (including electricity) or services regularly at any time, subject to agreed termination rules and a notice period of up to one month.
The consumer may terminate an agreement entered into for a definite period and which aims to deliver products (including electricity) or services regularly at any time by the end of the fixed term, subject to agreed termination rules and a notice period of up to one month.
The consumer may terminate the agreements mentioned in the preceding paragraphs:

at any time and shall not be limited to termination at a specific time or during a specific period;
terminate at least in the same manner as they were entered into by him;
always terminate with the same notice period as the entrepreneur has stipulated for himself.

Extension:

An agreement entered into for a definite period and which aims to deliver products (including electricity) or services regularly may not be tacitly renewed or extended for a fixed period.
Notwithstanding the preceding paragraph, an agreement entered into for a definite period and which aims to deliver daily, news, and weekly newspapers and magazines may be tacitly renewed for a specified period of up to three months if the consumer can terminate this extended agreement at the end of the extension with a notice period of up to one month.
An agreement entered into for a definite period and which aims to deliver products or services regularly may only be tacitly renewed for an indefinite period if the consumer may terminate at any time with a notice period of up to one month and a notice period of up to three months in the event the agreement extends to delivering daily, news, and weekly newspapers and magazines less than once per month.
An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines (trial or introductory subscription) shall not be tacitly continued and shall automatically end after the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of up to one month, unless reasonableness and fairness preclude termination before the agreed period has expired.

Article 13 – Payment:

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 working days after the start of the cooling-off period as referred to in article 6 paragraph 1. In the case of an agreement to provide a service, this period begins after the consumer has received the confirmation of the agreement.
The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.
In the event of default by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs previously communicated to the consumer.

Article 14 – Complaints Procedure:

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute arises that is susceptible to the dispute settlement procedure.
In case of complaints, the consumer must first turn to the entrepreneur. If a solution cannot be reached there, the consumer has the option to have the dispute handled by the designated independent disputes committee, whose decision is binding, both entrepreneur and consumer agree to this binding decision. Costs associated with submitting a dispute to this disputes committee shall be borne by the consumer and must be paid to the relevant committee. It is also possible to submit complaints via the European ODR platform (http://ec.europa.eu/odr).
A complaint does not suspend the entrepreneur's obligations, unless the entrepreneur indicates otherwise in writing.
If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at its option, replace or repair the delivered products free of charge.

Article 15 – Non-Delivery and Returns:

If the consumer is not available at the specified delivery address twice, resulting in the package being returned to the entrepreneur, the consumer is obliged to bear the costs of the second shipment.
In case of cancellation of the order by the consumer or entrepreneur, in case of non-deliveries as described in paragraph 1, the shipping costs of the original shipment are deducted from the amount to be refunded.
The return costs of €7.95 for non-deliveries are borne by the entrepreneur.
The consumer is encouraged to make use of available options, such as the DHL app, to adjust delivery times according to their preferences and avoid non-deliveries.

Article 16 – Disputes:

Dutch law applies exclusively to agreements between the entrepreneur and the consumer to which these general terms and conditions apply, even if the consumer resides abroad.
The Vienna Sales Convention does not apply.

Article 17 – Additional or Deviating Provisions:

Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium.

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