Educadora Webshop

https://educadora-webshop.nl

Article 1 – The Webshop

1.1 These are the terms and conditions of:

Educadora webshop

Akkersrijt 18

5298WE Liempde

Netherlands

T 0031 (0) 650400286

E webshop@educadora.nl

Chamber of Commerce 17262552

VAT number NL002280604B31

1.2 In order to keep these Terms and Conditions intelligible, the following terms have a fixed meaning:

1.3 In these terms and conditions, the Webshop and the Customer are collectively referred to as “We” or “Us”. The terms “You” and “Your” refer to the Customer.

Article 2 – Applicability

2.1 These general terms and conditions apply to every offer of The Webshop and to every Agreement between You and the Webshop. General terms and conditions that you use yourself do not apply. This is only different if the Webshop has expressly confirmed this to You in writing.

2.2 If these general terms and conditions contain something that is ‘null and void’ or ‘can be annulled’, all other provisions will continue to apply. In that case, We will make new agreements together to replace the null and void or voidable provisions. The intention of the new provision(s) must resemble the intention of the original provision(s) as much as possible.

2.3 If the Agreement states something different from these general terms and conditions, then what is stated in the Agreement applies. In this way, we can also make agreements that deviate from what is stated in these general terms and conditions. However, agreements that deviate from what is stated in these general terms and conditions only apply if the Webshop has expressly confirmed this to You in writing.

Article 3 – Offers

3.1 Every offer from The Webshop is without obligation and can be accepted within the period stated in the offer. If you do not, the offer will expire. If no time limit is specified, a period of 14 days applies. It is not possible to accept or reject only part of an offer from The Webshop. In that case, too, the (entire) offer will expire.

3.2 The Webshop ensures that an offer accurately and completely describes to which products and/or (digital) content and services the offer relates. If the offer contains graphic elements (such as images or videos), these give a true picture of those products and/or (digital) content and services.

3.3 If an offer contains an obvious mistake or error (such as a typing error or calculation error), the Webshop is not bound by the offer.

Article 4 – Performance of the Agreement and delivery

4.1 You have an Agreement with The Webshop from the moment that You have accepted the offer of the Webshop and have met the requirements stated by the Webshop. You will receive a confirmation of this from the Webshop within a reasonable period of time after the conclusion of the Agreement, in any case upon delivery of the goods, or before the service is performed. This confirmation contains:

• all information referred to in Article 230m paragraph 1 of the Dutch Civil Code, unless You have already received it from the Webshop on a durable data carrier before concluding the Agreement; and
• where applicable: the confirmation of the express prior consent and the declaration referred to in Article 230p part g of the Dutch Civil Code;

As long as you have not received the confirmation referred to above, you may terminate the Agreement.

• The Webshop does its best to execute the Agreement as carefully and quickly as possible and to deliver the orders placed by You as quickly as possible. The Webshop will do this in any case within 30 days after the Agreement has been concluded, unless a different delivery period has been agreed. If the Webshop is unable to deliver within that period, You may terminate the agreement.
• Deliveries are made to the address You have provided to the Webshop. If that address is outside the Netherlands, the Webshop has the right to refuse your order, without the Webshop being liable for compensation.
• The Webshop carefully determines who within its organization is appointed to perform the Agreement. The Webshop may also engage third parties for this purpose, such as subcontractors and/or auxiliary persons. The party that engages the Webshop for the delivery of ordered products will be announced to You in advance. If products are lost or damaged during that delivery, this is at the risk of the Webshop. This is only different if you have expressly agreed otherwise with the Online Store.
• All data that the Webshop has indicated is necessary for the execution of the

Agreement or of which You should reasonably understand that they are necessary, You must provide to the Webshop in a timely manner. If You do not do so, the Webshop may, among other things, suspend the performance of the Agreement. In addition to the right to suspend the Agreement, the Webshop can (continue to) make use of any other rights it may have.

Article 5 – Prices

5.1. Are you a Consumer? Then prices and rates stated by the Webshop include surcharges, levies and taxes (such as VAT) and include additional costs (such as any shipping costs and administration costs). If You are not a Consumer, the starting point is that the prices are stated exclusive of VAT and other levies, unless the price explicitly states otherwise.

5.2. Products and/or services whose price is linked to fluctuations in the financial market(s) and over which the Webshop has no influence, can be offered by the Webshop at variable prices. The Webshop will then clearly state this with the price.

5.3. The Webshop has the right to implement price changes within 3 months after the Agreement has been concluded, insofar as these are the result of a change in laws and regulations. If more than 3 months have elapsed after the Agreement has been concluded, the Webshop also has the right to pass on increases in (delivery) transport, shipping, call-out and administration costs to You. 5.4. If You are a Consumer, in the case of the price increases referred to in Article 5.3. the right to terminate the Agreement. If You are not a Consumer, You only have the right to terminate the agreement if the increase amounts to more than 5% of the agreed total price, unless the Webshop offers to pay the price difference (insofar as it exceeds the intended 5%).

Article 6 – Payment

6.1. You are obliged to pay invoices from the Webshop within 14 days after the closure of the

Agreement, unless You have agreed otherwise with the Webshop. Are you a Consumer? Then the Webshop may not oblige you to pay more than 50% of the price in advance on the basis of the law.

6.2. If You are a Consumer, You are only in default of the fulfilment of payment obligations if the Webshop has given You notice of default and has granted You a reasonable period of at least 14 days (starting on the day after receipt of the aforementioned notice of default) to still meet Your payment obligations and You have not paid within that 14-day period. In that case, you also owe statutory interest and compensation for extrajudicial collection costs. The extrajudicial collection costs are (with a minimum of € 40) :

• 15% on outstanding amounts up to € 2,500;
• 10% on the subsequent € 2,500;
• 5% on the subsequent € 5,000,=;
• 1% on the subsequent € 190,000;
• 5% on the remainder.
  • If You are not a Consumer, You may not settle, suspend and/or moderate payments to the Webshop and that You are immediately in default if You have not made a payment to the Webshop on time. In that case, the Webshop also has the right to charge the statutory commercial interest from the due date of the invoice until the day that You have paid in full. For this, the Webshop does not have to first summon you to pay or give notice of default. The Webshop can also (continue to) exercise any other rights against You.
  • Payments you make will first be deducted from interest and costs due. Then on invoices that have been outstanding the longest.
  • In the event of liquidation, dissolution, bankruptcy or suspension of payments of the Client and if the Client loses all or part of the free management or disposal of its assets, the Client’s (payment) obligations are immediately due and payable.

Article 7 – Guarantees

7.1. The Webshop ensures that the products and/or services it provides to You comply with the Agreement. This means, among other things, that those products and/or services meet what you could reasonably expect from them based on the type of case and the statements that the Webshop has made about it. For example, with regard to numbers, size and/or weight of a product. The products and/or services that the Webshop provides to You also comply with the laws and regulations that apply at the time the Agreement is concluded. If You are not a Consumer, the Webshop may make other or additional arrangements with You.

7.2. If You are a Consumer, any additional warranties provided to You by the Online Store will never limit the legal rights of consumers. You can therefore always make use of your legal (consumer) rights.

7.3. The Webshop does not offer a warranty on chewing jewelry, the lifespan varies greatly depending on the intensity and the way of chewing of the user.

7.4. If a product is damaged (on delivery, or after short use), the Webshop will repair or replace the product. When a product is put into use, you can no longer claim credit for the purchased product.

Article 8 – Intellectual property rights

8.1. The intellectual property rights, including the copyrights to all offers, designs, images, drawings and models, that the Webshop provides to You, remain the property of the Webshop, unless the Webshop has explicitly agreed otherwise with You in writing. Documents, data and materials that the Webshop provides to You are also only intended to be used by You as a Customer and You may not reproduce, publish or bring to the attention of third parties without the prior written permission of The Webshop, unless something else follows from the nature of those documents, data and materials.

Article 9 – Right of withdrawal

9.1. If You are a Consumer and there is a Distance Contract or Contract outside the business premises (as referred to in Article 6:230g of the Dutch Civil Code), You can make use of the

Right of withdrawal. This means that you can dissolve the Agreement without giving reasons within a period of 30 days. This period of 30 days starts at the following times: a. in the case of an Agreement relating to the purchase of movable property:

On the day on which You or a third party designated by You (other than the carrier) received the product, unless:

• The same order consists of multiple items that are delivered separately, or the delivery consists of different shipments or parts. In such case, the day on which (respectively) the last item, shipment or part is received by You or a third party (other than the carrier) designated by You shall apply;
  • In order to make use of the Right of Withdrawal, You must inform The Webshop with an unequivocal statement that You are exercising the Right of Withdrawal. You can use the withdrawal form/request that You will find in the footer on the website of the Webshop. The withdrawal form can also be found as an appendix to these general terms and conditions. You must send the statement before the declaration referred to in Article 9.1. period has expired (30 days) and the product has not been put into use.
  • If You make use of the Right of Withdrawal, You must:
• handle items already received and their packaging. You may only unpack or use those items (products) to the extent necessary to establish the nature, characteristics and functioning of the item. If You deal with the item in any other way, You are liable for any decrease in value of the item that has been caused by it, unless the Webshop has not provided you with all legally required information about the Right of Withdrawal before or at the time of concluding the Agreement;
• return the item (the product) to the Webshop within 14 days from the day after the day on which You have submitted the goods referred to in Article 9.2. made the said statement.

The direct costs of returning a good are for your account, but only if the Webshop has informed you about this before concluding the Agreement.

• return the item as much as possible with all accessories supplied, in its original condition and packaging and according to the instructions that the Webshop has reasonably and clearly provided to you.
  • If You make use of the Right of Withdrawal, the Agreement will be dissolved. This also applies to any additional Agreements. In that case, the Webshop will refund the payments You have made to the Webshop, including any costs (e.g. for delivery). The Webshop will do so in any case within 14 days after the day on which You have submitted the information referred to in Article 9.2. made the said statement.
  • You bear the risk and the burden of proof for the correct and timely exercise of the Right of Withdrawal.

Article 10 – Exclusion of the right of withdrawal

10.1. If You are not a Consumer, You cannot exercise the Right of Withdrawal. Not even if you have received a withdrawal form.

10.2. If You are a Consumer, You may not exercise the Right of Withdrawal – notwithstanding Article 9 – if:

• the Webshop has excluded the Right of Withdrawal and
• the Webshop has clearly informed You about the exclusion of the Right of Withdrawal before concluding the Agreement, and
• The excluded Right of Withdrawal relates to
• an Agreement whereby the price of the goods or services is subject to fluctuations in the financial markets over which the Webshop has no influence and which may occur within the termination period; – an Agreement in which You have specifically requested the Webshop to visit You in order to carry out urgent repairs or maintenance, with the exception of:
• additional services that you have not expressly requested;
• the supply of items other than those necessary to carry out maintenance or repairs;
• an Agreement concluded at a public auction;
• an Agreement for the provision of services, after compliance with the Agreement, and insofar as the Agreement entails a payment obligation for You, if:
• the performance has commenced with the express prior consent of You; and
• You have declared that you waive the Right of Withdrawal as soon as the Webshop has fulfilled the Agreement;
• a contract for the provision of services for the provision of non-residential accommodation, the transport of goods, car rental services, catering and leisure services, if the contract provides for a specific time or period of performance;
• a consumer sale (as referred to in Article 5(1)(a) of Book 7 of the Dutch Civil Code) in relation to:
• the supply of items that are manufactured according to Your specifications, that are not prefabricated and that are manufactured on the basis of an individual choice or decision by You, or that are clearly intended for a specific person;
• the supply of items that deteriorate quickly or that have a limited shelf life;- the supply of items that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
• the supply of goods which, by their nature, are irrevocably mixed with other goods after delivery;- the supply of alcoholic beverages the price of which has been agreed upon at the conclusion of a

consumer sales, but the delivery of which can only take place after thirty days, and the actual value of which depends on fluctuations in the market over which the Webshop has no influence;

• the supply of audio and video recordings and computer software the seal of which has been broken after delivery;
• the supply of newspapers, periodicals or magazines, with the exception of a contract for the regular delivery of such publications;
• an agreement for the supply of digital content that has not been delivered on a tangible medium insofar as the performance has commenced, and insofar as the Agreement entails a payment obligation for You, if:
• performance has commenced with your express prior consent;
• You have declared that you hereby waive the Right of Withdrawal; and
• the Webshop has provided a confirmation as referred to in Article 230t paragraph 2, or Article 230v paragraph 7 of Book 6 of the Dutch Civil Code.

Article 11 – Termination

11.1. If the Agreement can be terminated, the termination must be made according to the termination rules and notice period that You have agreed with the Webshop (30 days).

Article 12 – Personal data

12.1. The Webshop only processes personal data in accordance with applicable laws and regulations. This means, among other things, that:

• the webshop only processes personal data insofar as that processing can be based on one of the principles of Article 6 of the General Data Protection Regulation (GDPR);
• the Webshop provides appropriate technical and organisational measures to properly secure the personal data it processes;
• the Webshop will only share personal data with third parties if this is compatible with the purpose for which the data was collected and if all (other) legal requirements that apply to the sharing of personal data are met;
• personal data are not stored longer than necessary for the purposes for which they were collected, unless the Webshop is obliged by law to retain the data for a longer period of time; – You have the right to view, correct, delete, restrict processing, object to processing or – if applicable – transfer data;

Article 13 – Complaints

13.1. The Webshop has a clear complaints procedure. The Webshop handles every complaint according to this complaints procedure.

13.2. If You have a complaint about the performance of the Agreement, You must submit it to the Webshop within two months after You have discovered the defect.

13.3. The Webshop will respond as much as possible within 14 days of receipt of the complaint. If a complaint requires a longer processing time, you will receive an acknowledgement of receipt within the aforementioned period of 14 days, containing at least an indication of when you can expect a more detailed answer.

13.4. In case of complaints, you should always first address the Webshop and investigate whether the Webshop can offer you a suitable solution. If the Webshop is affiliated with WebwinkelKeur and the parties cannot reach an agreement, you can contact WebwinkelKeur (www.webwinkelkeur.nl). WebwinkelKeur mediates free of charge. You can check whether the Online Store has a current membership via https://www.webwinkelkeur.nl/ledenlijst/.

13.5. If the mediation by WebwinkelKeur does not lead to a solution, you can also submit the complaint to the independent disputes committee appointed by WebwinkelKeur. If you choose to do so, you may be charged.

Article 14 – Law and choice of forum

14.1. The Agreement is exclusively governed by Dutch law.

14.2. In addition to the possibility of making use of the complaints procedure described in article 13, you can submit disputes to the court. In such cases, the court of the district in which the Webshop is established has jurisdiction to hear the dispute, to the exclusion of other competent courts and arbitration. Unless a court in another place has jurisdiction on the basis of a mandatory provision.

Withdrawal form

(only fill in this form and return it if you wish to withdraw from the contract)

– To:

Educadora webshop

Akkersrijt 18

5298WE Liempde

Netherlands

webshop@educadora.nl

– I/We (*) hereby inform you that I/We (*) have entered into our contract for the sale of
of the following goods/provision of the following service (*) withdrawal/revocation (*)

– Ordered on (*)/Received on (*):

– Order number:

– Name(s) of consumer(s):

– Address of consumer(s):

– Signature of consumer(s) (only when this form is submitted on paper and by e-mail)

– Date: