TERMS AND CONDITIONS FOR SALE OF GOODS

Effective Date: 1st November 2022

 

Introduction
1.1 This website is owned and operated by Pop In The Doll Shop B.V.  Our company information is at the end of this document.

 

1.2 Please read these terms and conditions carefully. They apply when you buy any goods via this site. (There are separate terms which apply to your use of our site.) Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our website in future. These terms and conditions are available in the English language only.

 

1.3 We are legally required to remind you that we are under a legal duty to supply goods that are in conformity with the contract. Furthermore, nothing below affects your legal rights in relation to goods that are not in conformity with the contract, whether because they are faulty, not as described or otherwise.  

1.4 We may change these terms and conditions at any time. Please check them carefully as they will apply to any new purchases occurring after the effective date shown.

 

Right to cancel
2.1 You have the right to cancel this contract subject to the provisions set out below

 

Right to cancel

2.2 You have the right to cancel this contract within 14 days without giving any reason.

 

2.3 The cancellation period will expire after 14 days from the day:

a) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods; or

b) in the case of multiple goods ordered by you in one order and delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

 

2.4 To exercise the right to cancel, you must inform us Pop In The Doll Shop B.V., Keizersgracht 391 A, 1016 EJ Amsterdam, Netherlands, [email protected], of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use the model cancellation form at the end of this document, but it is not obligatory.

 

2.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

 

Effects of cancellation

2.6 If you cancel this contract, we will reimburse to you all payments received from you, excluding the costs of delivery.

 

2.7 We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

 

2.8 We will make the reimbursement without undue delay, and not later than:

a) 14 days after the day we receive back from you any goods supplied, or

b) (if earlier) 14 days after the day you provide evidence that you have returned the goods.

 

2.9 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

 

2.10 You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

 

2.11 You will bear the direct cost of returning the goods.

 

2.12 You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

Minor variations in goods
3.1 We will take reasonable care to ensure that representations and descriptions of goods appearing on our website are correct. We have made reasonable efforts to display as accurately as possible the appearance / colour / texture / finish of our goods. However, you acknowledge and accept that there may be minor differences between the actual goods and the way that they appear on our website. For example, the colour tone or pattern may differ.

 

3.2 The labelling or packaging of the goods you receive may differ from the images of these which you see on our site.

 

Your order
4.1 Your order is an offer to buy from us.

 

4.2 You place your order by using the ordering process on our site. This involves selecting the goods, placing them in the shopping cart and transmitting the order to us by clicking on the “Place Order” button. This process permits you to check and amend any errors before making an order by using the change function and/or the internet browser back button.

 

4.3 You must ensure that your order and any other information you supply to us is correct and you must promptly update us if there are any changes.

 

4.4 We will send you a confirmation email after your order but please note that a binding legal contract is formed only when we accept your offer as stated below.

 

4.5 We are not obliged to supply any goods which are unavailable (notwithstanding that we have accepted your offer). If any goods are unavailable, we will notify you of the unavailability as soon as possible and will arrange for a full refund if you have been charged.

 

Acceptance
5.1 There will be a binding contract only when we accept your offer by emailing you to confirm that we have dispatched the goods to you. Until then we may decline to supply the goods to you without giving any reason. Nothing else that we do or say (e.g., sending the confirmation email immediately after the order) will amount to acceptance of your offer.

 

Payment and price
6.1 Payment is in advance by the means stated on our payment page. Dispatch of the goods is subject to our receipt of full payment in cleared funds.

 

6.2 Our prices may change from time to time. The price for the goods you order is as stated on our site at the time you send us your order. VAT or sales tax is included in the price shown. We may change the amount of VAT charged if the VAT rate changes unless you have paid in full for the goods by the date of the rate change.

 

6.3 Delivery costs are charged extra at the rate shown on our site at the time you place your order. These will depend on the delivery method chosen. NB Our charges do not include customs or import duties which may be applied to your order by the relevant authorities. We have no control of these and it is your separate responsibility to pay for them. We recommend that you check with your local customs office in advance.

 

6.4 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we notify you before we dispatch it. If we do notify you, then you can decide if you want to order the item at the correct price but, if you do not, we will provide a full refund of any payments already made.

 

6.5 You must contact us immediately with full details if you dispute any payment.

 

6.6 If any amount due to us is unpaid, or unjustifiably charged back, we may cancel this agreement on written notice (including email).

 

Discount codes
7.1 We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online, (2) cannot be used retrospectively and (3) can only be redeemed once per customer. Also you cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is at our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms.

 

7.2 Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

 

Your Account
8.1 If we permit you to create an account on our website, this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

8.2 We are entitled at any time with or without notice or giving reasons to terminate your account on our site including deletion of all data contained therein.

 

Delivery
9.1 Delivery will be complete when we deliver to the address which you specify when ordering. We may deliver different parts of your order on different dates.

 

9.2 Delivery is only to the countries we specify and is otherwise subject to any restrictions on our delivery page.

 

9.3 Unless otherwise stated, delivery dates given on our website are estimates only. We have no liability for any losses arising from delay in delivery to the extent that this is due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay.

 

9.4 If you receive notification of an unsuccessful attempted delivery, it is your responsibility to use the details provided to contact the delivery company to arrange re-delivery.

 

Risk and ownership
10.1 Risk of damage or loss to the goods passes to you on delivery to you or to somebody identified by you to take possession of the goods or to your carrier.

 

10.2 You become owner of the goods after the later of delivery of the goods and payment of the price plus delivery charges. Until that happens, you hold the goods on our behalf.

 

10.3 When a shipment is approved by customs authorities, the concerned courier company will contact the customer and arrange for order delivery: In the event the customer does not respond, refuses to accept delivery or declines to pay the applicable duties and taxes due to the carrier upon delivery. 91) The shipment will be returned to the country of origin. (2) The customer may request a refund for the above cases. If the shipment is eligible for a refund we will refund the price of goods of the affected shipment only. (3) Shipping and custom charges will not be included in the refund. (4) The cost of the return shipment will also be deducted from the total price of goods affected in the shipment. (5) If the shipment is not returned or the product(s) is non-returnable, the customer is not eligible for a refund.

 

Liability
11.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

 

11.2 We are not responsible for any loss or damage caused by us or our employees or agents in circumstances where:

a) there is no breach of a legal duty of care owed to you by us or by any of our employees or agents;

b) such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);

c) such loss or damage is caused by you, for example by not complying with this agreement; or

d) such loss or damage relates to a business of yours.

 

11.3 You will be responsible to us for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement (subject of course to our obligation to mitigate any losses).

 

Events outside our control
12.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures.

 

Privacy
13.1 You acknowledge and agree that we may process your personal data in accordance with the terms of our Privacy and Cookies Policy which is subject to change from time to time.

 

Intellectual property
14.1  All trade marks, logos, content (including our website’s structure and layout), graphics, images, photographs, animation, videos, text and software used on this site are our intellectual property or that of our suppliers, partners or other users. For the purposes of your personal use only, you may view such material on your screen only. You may not use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent.

14.2 Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any information on our website without our specific prior written consent.

14.3 You license (i.e. permit) us to use your content both on our own website and also, for marketing purposes, on other channels including different websites, social media and emails.

Dutch law
15.1 These terms and conditions shall be governed by Dutch law and any disputes will be decided only by the courts of the Netherlands. . You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/. Our email address is info[at]popinthedollshop.com.

 

General
16.1 We may send all notices under this agreement by email to the most recent email address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, then the rest of the agreement shall continue to apply. We may transfer this agreement to a third party but this will not affect your rights or obligations. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise.

 

Complaints
17.1 If you have any complaints, please contact us via the contact details shown below.

 

Company information
18.1 Company name: Pop In The Doll Shop B.V.

18.2 Country of incorporation: The Netherlands .

18.3 Chamber of Commerce  KVK number: 82480729 

18.4 Registered office and trading address: Keizersgracht 391 A, 1016 EJ, Amsterdam, The Netherlands 

18.5 Other contact information: See our website.

18.6 BTW VAT number: NL862487134B01 

For clarification purposes only, Pop In The Doll Shop B.V. of The Netherlands is a registered trade name and wholly owned subsidiary of My Doll Best Friend Ltd. of the United Kingdom, and is the brand used for the ecommerce business situated in the European Union.

Version: TC.V.1 Effective 1st November 2022

 


MODEL CANCELLATION FORM

Complete and return this form only if you wish to cancel the contract:

 

— To Pop In The Doll Shop Returns, Van Salmstraat 54, 5281 RN Boxtel, The Netherlands, [email protected]:

— I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods/ for the supply of the following service [*],

— Ordered on[*]/received on [*],

— Name of consumer(s),

— Address of consumer(s),

— Signature of consumer(s) [only if this form is notified on paper],

— Date

 

[*] Complete as appropriate

phone +31 (0) 202 444 808

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