Toywaves – Terms and Conditions
These terms and conditions apply to all offers, agreements, deliveries, and services of Toywaves.
1. Applicability
1.1 These terms and conditions apply to all offers, agreements, deliveries, and services of Toywaves.
1.2 By placing an order, the buyer agrees to these terms and conditions.
1.3 Any deviations from these terms are only valid if agreed upon in writing.
1.4 If any provision of these terms and conditions is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect.
2. Offers and Prices
2.1 All offers, quotations, price lists, and proposals from Toywaves are non-binding and may be modified or withdrawn at any time.
2.2 All prices are stated in euros and exclude VAT unless stated otherwise.
2.3 Toywaves reserves the right to change prices and tariffs at any time.
3. Orders
3.1 Orders are considered final only after written confirmation by Toywaves.
3.2 Toywaves reserves the right to adjust ordered quantities to match applicable packaging units.
3.3 Toywaves reserves the right to refuse any order without stating a reason.
4. Minimum Order Value
4.1 The minimum order value is €300 excluding VAT per order, unless otherwise agreed in writing.
4.2 Toywaves reserves the right to refuse or adjust an order if it does not meet the minimum order value.
4.3 Certain brands or products may require different minimum order quantities.
5. Delivery and Shipping
5.1 Delivery times are indicative and cannot be considered binding deadlines.
5.2 Delays in delivery do not entitle the buyer to compensation or cancellation of the agreement.
5.3 All goods are shipped at the buyer’s risk from the moment of dispatch.
5.4 If goods arrive damaged or incomplete, the buyer must report this to the carrier upon delivery and notify Toywaves in writing within 24 hours.
5.5 Shipping within the Benelux is free for orders above €300 excluding VAT. Shipping costs will be charged for orders below this amount.
6. Complaints
6.1 Complaints must be submitted in writing within 8 days after delivery.
6.2 After this period, the delivery will be deemed accepted.
7. Payments
7.1 The first order must be paid in advance.
7.2 Toywaves may offer payment terms of 14 days after invoice date for future orders.
7.3 If payment deadlines are exceeded, Toywaves reserves the right to suspend further deliveries.
7.4 All collection costs and statutory interest resulting from late payment will be charged to the buyer.
8. Retention of Title
8.1 All delivered goods remain the property of Toywaves until full payment has been received.
8.2 Toywaves reserves the right to reclaim delivered goods if payment is not made.
9. Liability
9.1 Toywaves’ liability is limited to replacement of the defective product or reimbursement of the purchase price.
9.2 Toywaves shall not be liable for indirect damages, including business loss, loss of profit, or consequential damages.
10. Force Majeure
10.1 Toywaves shall not be liable for delays or failures caused by circumstances beyond its control.
10.2 Force majeure includes but is not limited to:
- delays from suppliers
- transport disruptions
- strikes
- government measures
- fire or natural disasters
10.3 In case of force majeure, Toywaves has the right to suspend or terminate the agreement without any obligation to compensate damages.
11. Resale
11.1 The buyer may only sell the products within the normal course of its business activities.
11.2 Resale to unauthorized resellers is not permitted without prior written consent from Toywaves.
12. Territory
12.1 Retailers purchasing products from Toywaves may only sell these products within the Benelux (Netherlands, Belgium, and Luxembourg) unless otherwise agreed in writing.
12.2 Retailers are not permitted to actively market, distribute, or export products outside this territory without prior written consent from Toywaves.
12.3 Toywaves reserves the right to appoint additional distributors or retailers within the territory.
13. Intellectual Property
13.1 All brand names, trademarks, and intellectual property rights remain the property of the respective brand owner.
13.2 Products may only be sold in their original packaging and may not be altered.
14. Brand Guidelines
14.1 Retailers must comply with the brand guidelines and marketing guidelines provided by Toywaves and/or the respective brand owner.
14.2 Products may not be modified, repackaged, or relabeled without prior written permission from Toywaves.
14.3 Marketing materials, images, and product information may only be used as provided or approved by Toywaves.
15. Website and Information
15.1 Toywaves strives to ensure the accuracy and reliability of information on its website.
15.2 Despite careful attention, errors or inaccuracies may occur.
15.3 No rights may be derived from images, descriptions, or information displayed on the website.
16. Buyer Terms and Conditions
16.1 The buyer’s purchasing conditions shall not apply unless explicitly agreed upon in writing.
17. Online Marketplaces
17.1 The sale of products via online marketplaces such as Amazon, Bol.com, or similar platforms is only permitted with prior written consent from Toywaves.
17.2 Toywaves reserves the right to refuse or revoke such permission.
18. Governing Law
18.1 All agreements with Toywaves are governed by Dutch law.
18.2 Any disputes shall be submitted to the competent court in the Netherlands.
Contact
For questions regarding these terms and conditions, please contact:
info@toywaves.com