These terms & conditions set out the basis on which you can visit and use our website. Please read them carefully as they contain important information.
Article 1 – Definitions
In these conditions, below definitions have been applied:
1. Distance selling: an organised system for selling goods or services without face-to-face contact using one or more technologies for distance communication.
2. Agreement: any agreement regarding distance selling.
3. Distance communication technologies: Technologies that can be used for an agreement without face-to-face contact and where the customer has not had an opportunity to examine the goods or discuss the service in person.
4. Rocket Toys: the company, or if applicable, the part of the company that is concerned with distance selling and is affiliated to the Dutch Postorderbond.
5. Consumer: the buyer of goods or services, or a natural person (not business to business).
6. Offer: any offer of goods and/or services, including the terms and conditions applicable, as offered by the company to the consumer in its catalogue, folders or otherwise;
7. Price: the price of the offered goods or services without additional costs, additional costs should be mentioned and stipulated separately;
8. Cancellation period: the legal right to cancel your order after receipt of the goods or services.
9. Distance agreement: an agreement regarding goods and/or services of which delivery and purchase are spread within reasonable limits.
Article 2 – Identity
To confirm the agreement Rocket Toys will mention its statutory name and its physical address:
1200 AH Hilversum
Tel: +31(0)43 409 0945
E-mail: [email protected]
KVK no. (Registered number at Dutch Chamber of Commerce): 65533461
Article 3 – General conditions
1. Before the distance agreement is completed, the text of the applicable general conditions should be supplied in a timely manner. If not necessary or not possible within reason, Rocket Toys will refer consumer to general conditions online or will point out that these may be sent to consumer free of charge.
2. The general conditions apply to any contract between Rocket Toys and consumer, regardless of communication technology.
3. Any condition deviating from these general conditions will be recorded in writing. If not recorded in writing deviations may be proven by parties using all legal means available.
Article 4 – Offer
1. The offered goods and/or services will be described or shown truthfully and as reasonably as may be expected, clearly showing the commercial intentions. Should the offer be of a temporary nature, this restriction will be clearly outlined.
2. Any offer should contain information as such to clarify consumer rights and obligations that are connected when expressly accepting the offer. This specifically regards price, cancellation, method of payment, minimum period of distance agreement, delivery charges and other conditions.
3. If Rocket Toys offers consumer the option of deferred payment or payment in instalments, conditions will be provided with the offer and not later.
4. If Rocket Toys offers consumer option of distance selling other than at basic rate, these costs will be announced with offer at the latest.
5. If Rocket Toys will use automated means of communication (without face-to-face contact) or fax with consumer, the company needs prior approval from consumer.
Article 5 – Cancellation Period
1. Offer: Once consumer has taken delivery of an order, consumer has a legal right to cancel order within 14 working days, unless otherwise agreed (as mentioned in clause 3).
2. During the cancellation period consumer has the right to cancel offered services or cancel the order without any obligation, other than obligation to bear costs of returning the goods to the supplier. If offer of service is made the same cancellation period applies.
3. Any restrictions or exceptions will be clearly mentioned in offer, based on the specific nature of goods or services concerned.
4. Unless parties have agreed otherwise, consumer will only be able to apply cancellation period by a method as offered by Rocket Toys in offer and / or at delivery.
Article 6 – Performance of Agreement
1. In accordance with legal terms Rocket Toys is free to stipulate trial period and apply deferral regarding trial period.
2. If consumer has made a pre-payment and if agreement to which pre-payment applies is not acknowledged or is dissolved according to clause 2, a refund will take place in good time, however not exceeding 30 days.
3. Rocket Toys will take appropriate technologic and organizational measures to secure electronic transfer of personal information and especially of payments.
4. Within legal boundaries Rocket Toys may obtain information whether consumer, i.e. natural person making or requesting order, will be able to make payments, including all facts and circumstances that are important to a responsible distance agreement. Rocket Toys is justified in refusing an order or a request for an order or in enforcing special conditions to the delivery. Refusal by company is not allowed if solely based on address or place of residence, or because consumer belongs to whichever faction in society or section of the population. Company should be able to establish customer’s fixed address or place of residence.
5. Company will make available to consumer article 4, clauses 2, 3, and 4 in a timely manner, before the performance of the agreement.
6. In addition Rocket Toys will provide consumer with below information at the latest before execution of agreement:
a) Conditions under which consumer may use right to cancellation in writing
b) Provision of geographical address of company to whom consumer may direct complaints.
c) Information regarding existing service after sale and commercial guarantees.
Article 7 - Prices
1. During mentioned term prices of offered goods and/or services prices will remain valid and will not be increased, barring changes in VAT rates. Contrary to aforementioned, nature of offered goods and/or service may involve varied prices. If prices are basic prices the fact that they may be subject to change will be mentioned.
2. Price increases after establishing agreement between supplier and consumer are not allowed, unless: a) price increases are consequence of legal regulations or stipulations or b) consumer has authorization to cancel distance agreement prior to day of price increase.
Article 8 – Conformity
Rocket Toys warrants that goods and/or service meet specifications as mentioned in offer, meets reasonable demands of quality and /or utility and does not conflict with applicable, existing legal stipulations and/or regulations on date of performance of agreement.
Article 9 – Guarantee
1. Any possible stipulation of guarantee offered by Rocket Toys does not alter consumer’s rights towards supplier based on the law and the distance agreement.
2. Any possible guarantee supplied by manufacturer or importer does not alter consumer’s rights towards company based on the law, distance agreement, and guarantee provided by company.
Article 10 – Order
1. Deliveries of goods and / or services are solely carried out at explicit request, unless company and consumer have agreed otherwise.
2. If consumer receives unsolicited goods he may return them free of charge but the customer must bear the costs of returning the goods if he has made an apparent mistake or is in some way responsible for dispatching the goods.
3. In case of an apparent mistake consumer will inform Rocket Toys and has an obligation to restore the goods and will take reasonable care of those goods until he returns them to Rocket Toys.
Article 11 – Delivery
1. Rocket Toys will take utmost care in receiving and carrying out orders for goods and judging requests for services.
2. Place of delivery is the most recent home address which the consumer has provided to the company, unless agreed otherwise.
3. In accordance with Article 4 of these General Terms Rocket Toys will carry out orders which it has accepted in good time and within a maximum of 30 days. Should the delivery be delayed because items are not in stock or because of other reasons, or should the consumer not receive any or only part of the delivery, then he will receive notice to that effect no more than one month after placing the order. Should this occur consumer has the right to cancel the order without extra cost.
4. If delivery of ordered goods/services proves to be impossible, Rocket Toys will make every effort that can reasonably be expected to make available substitute goods/services. The company will indicate no later than at the point of delivery and in clear and understandable terms that a replacement item is being delivered.
5. In the case of replacement articles, the trial period cannot be excluded. Return postal charges will be paid for by Rocket Toys.
6. Rocket Toys will cover the risk of damaged/missing goods until the moment of delivery, unless agreed otherwise.
Article 12 – Distance agreements
1. When consumer has agreed to the Terms for an indefinite period of time these will apply until terminated by either the consumer or Rocket Toys, in accordance with cancellation rules agreed upon and a notice period of a maximum of three months.
2. If consumer has agreed to the Terms for a definite period of time this shall expire after a maximum of one year. If consumer has agreed that his distance agreement with Rocket Toys will be extended automatically (i.e. explicit approval not necessary), the notice period shall be a maximum of three months.
Article 13 – Payment
1. The amount owed by the consumer must be paid before delivery of the goods/services requested.
2. The goods will be shipped after receipt of the full payment.
3. If pre-payment has been agreed to, consumer has no legal rights with regard to order of or request for goods and /or services until pre-payment has been received by Rocket Toys.
4. Consumer has the duty to report without fail any inaccuracies in the information given to Rocket Toys.
5. In the case of non-payment by the consumer Rocket Toys has, in accordance with legal limitations, the right to charge the consumer a reasonable fee of which consumer shall be informed beforehand.
Article 14 – Dispute
1. The terms, and consumer’s relationship with Rocket Toys under the terms, shall be governed solely by Dutch law.
2. Any legal matter arising between the consumer and Rocket Toys pertaining to goods and services delivered or to be delivered by Rocket Toys can be submitted to the Dutch Geschillencommissie Thuiswinkelen (Dutch Arbitration Board Home shopping), in compliance with hereafter mentioned.
3. A dispute will be taken on by the Dutch Geschillencommissie only if the consumer has filed his complaint with Rocket Toys within a reasonable period of time.
4. A dispute must be put before the Dutch Geschillencommissie no later than three months after it has been filed with the company.
5. If a consumer wishes to put a dispute before the Dutch Geschillencommissie Rocket Toys is bound by that decision. When it is Rocket Toys that wishes to do so the consumer shall provide a written statement whether he wishes this too or whether he prefers to have the matter dealt with the appropriate court. Should Rocket Toys not hear of the consumer’s choice within a period of five weeks then it is entitled to put the dispute before the competent judge.
6. The Arbitration board will come to a decision under the terms as stated in the Regulations of the Arbitration board. Decisions by the Dutch Arbitration board are legally binding.
Article 15 - Business guarantee to comply with legally binding advice
1. The Dutch Postorderbond will, in good time, take over the obligation of Rocket Toys towards consumer, as imposed by the Geschillencommissie in its legally binding advice if Rocket Toys has not fulfilled this obligation within period stipulated in the legally binding advice, or if Rocket Toys takes that advice for review to the Geschillencommissie within two months after date in accordance with the Regulations of the Geschillencommissie
2. Requests for this guarantee to be applied must be submitted in writing to the Dutch Postorderbond.
Address: Nederlandse Postorderbond: Postbus 75959, 1070 AZ Amsterdam.
Article 16 – Changes to the Terms
1. The Dutch Postorderverbond will not change these General Terms until prior consultation has taken place with the Consumentenbond
2. Changes to these Terms apply only after prior publication in an appropriate manner, on the understanding that in the case of relevant changes during the course of an offer those changes apply that are most beneficial to the customer.