General terms and conditions

Please note that no rights can be derived from these general terms and conditions. Consult a lawyer if you are unsure of the content.


Table of contents:

Article 1 - Definitions

Article 2 - The 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 right of withdrawal

Article 8 - Exclusion of right of withdrawal

Article 9 - The price

Article 10 - Payment

Article 11 - Klarna's payment methods

Article 12 - Delivery and performance

Article 13 - Compliance and warranty

Article 14 - Complaints procedure

Article 15 - Intellectual property rights

Article 16 - Responsibility

Article 17 - Personal data

Article 18 - Miscellaneous

Article 19 - Klarna's payment methods

 

Article 1 - Definitions

In these terms, the following definitions shall apply:

1.Reflection period: the time within which the consumer can exercise his right of withdrawal;
2. consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
3. day: calendar day;
4. durable medium: any means that enables the consumer or the entrepreneur to store information addressed to him personally, in a way that enables future consultation and unchanged reproduction of the stored information.
5. right of withdrawal: possibility for the consumer to withdraw from the distance contract within the withdrawal period;
6.Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;
Distance contract: a contract according to which, within the framework of a system organized by the entrepreneur for the distance sale of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more technologies for distance communication (e.g. Internet) ;


Article 2 - Identity of the entrepreneur

The Brands Agency B.V.

Located at: Jelle Zijlstraweg 100, 1689ZX Zwaag (Netherlands)

E-mail address: help@happykido.nl

Chamber of Commerce nummer: 90978765

VAT registration number: -



Article 3 - Applicability

1 These general terms and conditions apply to every offer that the entrepreneur makes and to every distance contract concluded between the entrepreneur and the consumer.
2. Before entering into the distance contract, the text of these general conditions will be made available to the consumer electronically and in such a way that it can be easily stored by the consumer on a durable data carrier. The consumer should take note of these general conditions and accept the content before the order can be placed.
3.If special product or service conditions apply in addition to these general conditions, the previous paragraph applies mutatis mutandis and, in the event of conflicting general conditions, the consumer can always invoke the applicable provision that is most favorable to him.


Article 4 - The offer

1. If an offer has a limited period of validity or is subject to conditions, this must be explicitly stated in the offer.
The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed for the consumer to make a correct assessment of the offer. If the contractor uses images, these are a true representation of the products and/or services offered. However, minor deviations are always possible. Obvious mistakes or obvious errors in the offer do not bind the contractor. Errors in the offer advertised elsewhere than on the contractor's website are expressly mentioned here, whereby the information on the contractor's website can always be considered leading.
Each offer contains such information that it is clear to the consumer which rights and obligations are linked to the acceptance of the offer. This applies in particular to:
the price including taxes;
any costs for delivery
how the agreement will be concluded and what measures are necessary for this;
whether or not the right of withdrawal is applicable;
the method of payment, delivery and performance of the contract;
The deadline for accepting the offer, or the period within which the trader guarantees the price;
The way in which the consumer, before entering into the contract, can check the information he has provided in connection with the contract and, if desired, correct them.
any languages ​​other than Dutch in which the agreement may be concluded.

Article 5 - The agreement

1 Unless otherwise stated in clause 4, the contract is concluded when the consumer accepts the offer and fulfills the stated conditions.
2. If the consumer has accepted the offer electronically, the entrepreneur shall immediately confirm the receipt of the electronic acceptance of the offer. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.
3. A confirmed order cannot be changed or canceled except with the written consent of the contractor and this at the latest within 24 hours of the order confirmation, without affecting the right of withdrawal in Article 6.
4. If the contract is concluded electronically, the contractor must take appropriate technical and organizational measures to protect the electronic transmission of data and must ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
5. The contractor may - within legal framework - inform himself about whether the consumer can fulfill his payment obligations, as well as about all the facts and factors that are important for a responsible conclusion of the distance contract. If, based on this investigation, the contractor has good reasons not to enter into the contract, he has the right to refuse an order or application or to attach special conditions for implementation, while stating his reasons.
6.The contractor will send the consumer the following information with the product or service, in writing or in such a way that the consumer can store it in an accessible way on a durable data carrier:
a. the visiting address of the entrepreneur's establishment where the consumer can go with a complaint;
b. The conditions for and the manner in which the consumer can make use of the right of withdrawal, or a clear notice of the exclusion of the right of withdrawal;
c. information about warranties and existing customer service, and
d. the information specified in article 4.3 of these conditions, unless the trader has already provided the consumer with this information before the contract is fulfilled.

Article 6 - Right of withdrawal


1.When purchasing products remotely, the consumer has the opportunity to cancel the agreement without giving reasons during a period of 14 days. This reflection period begins the day after the receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.
2. During the reflection 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 wants to keep the product. If he exercises his right of withdrawal, he will return the product to the contractor with all supplied accessories and - if reasonably possible - in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the contractor.
More information on the exercise of the right of withdrawal can be found in the contractor's refund policy: click here.




Article 7 - Costs in case of right of withdrawal


1. If the consumer exercises his right of withdrawal correctly and in accordance with the refund policy, only the costs of returning the goods are for his account.
2. If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than within 14 days of the return or withdrawal.




Article 8 - Exclusion of right of withdrawal


The right of withdrawal in Article 6 is excluded for products:
a. which has been created by the contractor in accordance with the consumer's specifications;
b. which are clearly personal in nature;
c. which cannot be returned due to their nature;
d. that spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;                                                                           f. for individual newspapers and magazines;
g. for audio and video recordings and computer programs on which the consumer has broken the seal.


2. The right of withdrawal in Article 6 is also excluded for services for which delivery has begun with the express consent of the consumer before the cooling-off period has expired.

Article 9 - The price

1. The prices listed on the company's website are always subject to change.
2. During the period of validity specified in the offer, the prices of the offered products and/or services do not increase, with the exception of price changes as a result of changes in VAT charges or obvious mistakes.
3. The prices indicated in offers for products or services include VAT. Unless otherwise expressly stated, prices are exclusive of shipping and delivery costs and costs of the selected payment method. These costs may be listed separately during the ordering process and before it is completed.

Article 10 - Payment

1. Payment takes place according to the customer's choice through one of the specified payment methods, either through an advance payment of at least 50%, or upon delivery if so agreed. If nothing else has been agreed, the amounts owed by the customer must be paid within 14 days after the start of the withdrawal period according to article 6 paragraph 1. In the case of a service contract, this time period begins after the customer has received confirmation of the contract.
2. The customer has the obligation to immediately notify the company of inaccuracies in the specified payment information.
3. Vid kundens dröjsmål med betalningen har företaget, med undantag för lagliga begränsningar, rätt att ta ut skäliga kostnader som tidigare meddelats kunden.

Article 11 - Klarna's payment methods

In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment method(s). Payment must be made to Klarna.

• Pay after delivery
• Split the payment More information can be found in Klarna's terms of use. General information about Klarna can be found here. Your personal data is processed by Klarna in accordance with the applicable law on the protection of personal data and as described in Klarna's privacy policy.

Article 12 - Delivery and performance

1. The Company will exercise the utmost care in receiving and fulfilling orders for products and in evaluating requests for services. However, all delivery times are only indicative.
2. The delivery address is the address that the customer has notified the company.
3. Taking into account what is stated in article 4 of these general terms and conditions, the company will carry out accepted orders as quickly as possible, but no later than within 30 days, unless a longer delivery time has been agreed. If the delivery is delayed or if an order cannot be fulfilled in whole or in part, the customer will be notified of this no later than 30 days after the order was placed. In such cases, the customer has the right to terminate the agreement free of charge and is entitled to any damages.
4. In case of termination according to the previous point, the company will refund the amount paid by the customer as soon as possible, but no later than within 30 days of the termination.
5. If delivery of an ordered product proves impossible, the Company will make every effort to provide a replacement product. Upon delivery, it will be clearly and comprehensibly notified if a replacement product is delivered. For replacement products, the right of withdrawal also applies according to Article 6. The costs of any return shipping are paid by the company.
6. The risk of damage and/or loss of the products rests with the company until delivery to the customer or a predetermined representative known to the company.
7. Ownership of the sold products is only transferred to the customer upon full payment of the price.

Article 13 - Compliance and Warranty

1. The company guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements for capability and/or usability, as well as applicable legal regulations and/or authority regulations at the time of the conclusion of the agreement.
2. The customer is entitled to a statutory guarantee of two years from the date of delivery if the products do not comply with the previous point.
3. In case of justified warranty claims, the company will, at its own choice and discretion, in the following order: (1) replace (partially) defective products, components and/or service performance; (2) to repair defective products and/or components; or (3) to credit an amount reasonably commensurate with the nature and extent of the defect in question. The warranty does not cover:

• Defects resulting from improper handling or implementation, negligence or accident, including failure to follow the user and installation instructions provided with the products.
• Defects arising from treatment or repair by third parties without the Company's permission.
• Defects arising from insufficient and/or unskilled maintenance.
• Defects arising from use in an unsuitable environment.
• Defects arising from normal wear and tear or use.

4. A warranty provided by the company, manufacturer or importer does not affect the statutory rights

Article 14 - Complaint handling

1. Complaints regarding the implementation of the contract, including warranty claims under Article 13, must be submitted to the company within a reasonable time, no later than two months, fully and clearly described by the consumer together with a copy of the purchase receipt after the defects have been discovered.
2. Complaints submitted to the company will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the company will respond within 14 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed response.

Article 15 – Intellectual property rights

The intellectual property rights, including copyrights, trademarks, software, databases, models, drawings, patents and others, registered or unregistered, contained in the products, services and content of the Company's website are and will always remain the exclusive property of the Company and/or its licensors, depending on the case. The consumer must refrain from copying or in any way exploiting the products and content on the company's website without express written consent from the company.

Article 16 – Responsibility

The Company's contractual liability is limited to its statutory liability as a manufacturer and/or dealer, as the case may be. Within the scope of what is legal liability, the Company's liability is always limited to free replacement of defective products or refund of the price of defective products, as the case may be. The company's liability is in any case limited to the invoiced amount. In no event shall the Company be liable for indirect, incidental or consequential damages (including health damage, property damage, economic loss, lost profit, personnel costs, damage to third parties, loss of income).

The company's non-contractual liability is governed by the regulations on product damage in Book 6, Title 3, Section 3 of the Civil Code.

The company is not responsible for (i) damages caused by the consumer, (ii) damages arising from the consumer's negligence, (iii) damages resulting from incorrect or inappropriate use of the purchased products, (iv) damages to purchased products that the consumer has attempted to change or if the consumer has used components that do not meet the company's specified parameters, (v) damages resulting from the consumer's failure to comply with legal and/or other obligations, including the user and installation instructions and safety information accompanying the products.

The products offered are not medical aids and are not intended to diagnose, prevent or treat specific conditions.

Article 17 - Personal data

The company is responsible for the processing of the personal data that the consumer provides within the framework of the agreement. The company processes the personal data in accordance with the provisions and principles of EU Regulation 2016/679 of April 27, 2016 (GDPR) and in accordance with its privacy policy available on its website: click here.

Article 18 - Diverse

Any additional or deviating provisions from these general conditions must not be detrimental to the consumer and must be established in writing or in such a way that the consumer can store them on a durable medium.

Any invalidity of any provision in these general conditions or part of a provision does not affect the validity of other provisions and/or the rest of the provision. In the event of invalidity, the company and the consumer negotiate to replace the invalid provision with an equivalent provision that complies with the general spirit of these general terms and conditions.

Agreements between the company and the consumer covered by these general terms and conditions are governed exclusively by Dutch law.

Article 19 - Klarna's payment methods

• In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment method(s). Payment must be made to Klarna.
• Pay after delivery
• Split the payment More information can be found in Klarna's terms of use. General information about Klarna can be found here. Your personal data is processed by Klarna in accordance with the applicable law on the protection of personal data and as described in Klarna's privacy policy.