Article 1: General provisions
The online web shop of Woodix Toys CVBA whose registered office is at Belgium – 2820 Bonheiden, Peulisbaan 27, company number VAT BE 0820.646.031, RPR Antwerp (hereinafter ‘Woodix Toys’) offers its customers the possibility to purchase particular toys on line.
These Terms and Conditions (hereinafter ‘Terms’) apply to all toys of the Woodix Toys assortment and to any order placed at Woodix Toys.
The customer accepts that only these Terms apply with the exclusion of the customers own general or specific (purchase) terms, including if such terms would stipulate to apply solely.
Article 2: Price
All indicated prices are VAT included. In case of charging costs of transportation, reservation or administration, these costs will be charged separately. The indicated price applies only to the toy as it is described textually. The photograph is intended to be decorative and may contain elements or toys which are not included in the price.
Article 3: Offer
Any offer is reserved for customers who are resident in the European Economic Area . The articles are exclusively reserved for private use.
In spite of the fact that the catalogue and web site are composed with the highest norms of precision, it is not excluded that the offered information is incomplete, contains material defaults or is not up to date. If you have specific questions about for example the assembly, the dimensions, the colour, the availability, the delivery or the way of delivery, we ask you to contact the Woodix Toys Customer Service via phone or email (see Article 14).
As regards the accuracy, up-to-date or completeness of the offered information, Woodix Toys’ obligation is a reasonable effort obligation. Woodix Toys is in no case liable for material defaults, misprints or printing errors.
The offer is valid as long as the stock is available and can be adapted or revoked at any time by Woodix Toys.
Woodix Toys has the right – without giving any reason – to refuse orders, to change delivery, to split delivery and even to add further conditions to the delivery.
Article 4: Online purchase
The customer has the opportunity to purchase toys of the Woodix Toys’ assortment online. The order submitted by the customer shall be binding on the moment that the customer has received a receipt of payment or an order confirmation from Woodix Toys. These toys will be delivered at the place indicated in the receipt of order confirmation.
The customer has the choice of following payments methods:
- by credit card (Mastercard/VISA)
- by pay pall
The order is not sent until full payment has been received.
Article 5: Reservation of ownership
The delivered toys shall remain the exclusive property of Woodix Toys until the moment of full payment by the customer. The risk for loss or damage shall pass on the customer on the moment of delivery. The customer engages him self to notify third parties about Woodix Toys reservation of ownership, if required. For example to any one who is planning to impound not fully paid articles.
Article 6: Remedies for non-payment
If the customer lacks payment or in case of overdue payment, without prejudice to Woodix Toys other rights, that sum shall bear interest automatically and without prior notice from the due date at 10 % per year. Moreover, an additional damage fee of 10 % on the due sum applies automatically and without prior notice, with a minimum of 25 € per invoice.
Without prejudice to the foregoing, Woodix Toys reserves the right to take back the toys which are not (fully) paid.
Article 7: Assembly
Certain toys may need additional assembly. Assembly is never included with delivery of the toys. If required, a manual will accompany the assembly kit. The customer can always contact the Woodix Toys Customer Service (see Article 14) to verify if certain toys need further assembly.
Article 8: Complaints
In case of any defect that is apparent by visual inspection and/or quality defect or other defect at the delivery, the customer shall inform Woodix Toys immediately by following the Online Return Request Procedure as explained in Article 12. Failure of such immediate notification shall be deemed an absolute and unconditional waiver of any right.
Article 9: Guarantee
a. Legal guarantee (only for consumers)
Under the law of 21 September 2004 regarding the protection of the consumers, those consumers have certain legal rights when purchasing consumer goods. There for each toy has guarantee for hidden defects and non standard delivery for a period of 2 years starting from the date of purchase by (or delivery to) the first owner. Woodix Toys engages it self during this period to replace or to repair the defect toy or the defect part free of charge. Woodix Toys has the right to exchange the toy if the reparation or the administrative costs are disproportionate or if reparation is impossible. Each commercial guarantee is without prejudice to these rights.
b. General
In order to appeal to the legal guarantee, the customer must be able to submit the proof of purchase. After the online purchase of toys, delivered at the customer’s address, the customer need to contact Woodix Toys Customer Service by using the Online Return Request Procedure as explained in Article 12 and the customer needs to deliver the toys at Woodix Toys at its own expense. Each default must be reported within 1 month after being discovered. Afterwards every right to reparation or exchange is lost.
The (commercial and/or legal) guarantee is not applicable to defects resulting from accidents, neglect, fall, abnormal or incorrect use, use in conflict with the purpose the toy was designed for, non compliance of the users instructions or manual, changes or modifications to the toy, rough use, wrong assembly, poor maintenance, abnormal or incorrect use.
No guarantee is applicable to toys with a short life span toys subject to wear.
Defects revealing them selves after a period of 6 months after date of purchase or delivery are not accepted as hidden defects except when the customer can proof the defect was hidden.
The guarantee can not be transferred.
Article 10: Term of withdrawal
The provisions of this article only apply to customers living in the EU who purchase articles online in their capacity of consumer: The customer shall have a period of 14 calendar days, term starting the day after the day of delivery, in which he can withdraw from the contract without penalty and without giving any reason.
Customers who want to exercise this right of withdrawal, shall contact the Woodix Toys Customer Service by using the Online Return Request Procedure as explained in Article 12 within 14 calender days after the date of delivery of the toys. The customer will return the toys in line with the directions provided by the Woodix Toys Customer Service and at the customer’s expense within 2 working days after the receipt of the instructions of the Woodix Toys Customer Service to the Woodix Toys Warehouse at following address: Woodix Toys Warehouse, De Brug, Waesdonckstraat 1, 2640 Mortsel, Belgium.
Only toys which are in the original packing and without damage, together with all the accessories, instructions for use and invoice or proof of purchase can be returned.
Will never be accepted for return:
- toys already installed, used, soiled, damaged or incomplete
- toys of which the packaging (or a part of it) has been opened.
- toys with an obvious personal character
- toys which can not be sent back because of their nature.
Article 11: Privacy
Woodix Toys CVBA engages it self to use your customer information solely to meet your requests and to send you information of Woodix Toys CVBA. If you would like to receive information via mail, please give us your email address.
We will treat your personal data as confidential information and will not pass these on to third parties. You have the right to access, modify or delete your data which we store in the customer list of Woodix Toys CVBA. You have as well the right to reject that Woodix Toys CVBA will use your personal data to send you information. It is sufficient to request this in writing.
For further information please consult the privacy policy of Woodix Toys or go to ww.woodixtoys.com.
The customer is personally responsible to keep his user login and password confidential.
Article 12: Online Return Request Procedure
All return requests have to be filed by following the Online Return Request Procedures. Return requests filed in any other way will not be taken into consideration. The Online Return Request Procedure consists of following steps:
Log in with your user account
Click on ‘Order History‘
Go to the order for which you want to file a return request
Click on ‘Return’
Select the toy you want to return and fill out the reason for the return request
Click on the ‘Return’-button
Your return request is filed
After submitting a return request following the Online Return Request Procedure the customer will receive an email with written instructions regarding the next steps to follow for the return request.
Article 13: Miscellaneous
If any of these Terms is found to be unenforceable, illegal, void, such terms shall not affect the validity, enforceability of the other provisions.
Any waiver by Woodix Toys to enforce or exercise one of the Terms or any right hereof shall in no way affect the validity of the Terms.
Article 14: Woodix Toys Customer Service
The Woodix Toys Customer Service can be reached by phone (Monday – Friday between 10h and 12h and between 14h and 16h) on + 32 3 369 01 60 or by email at info@woodixtoys.com.
Article 15: Change of terms
These Terms are supplemented by other terms which are specifically specified and by the general terms and conditions of Woodix Toys. In case of conflict these Terms prevail.
Woodix Toys is entitled to change these Terms without prior notice. Any purchase after such change, implies that the customer is bound by the adapted new Terms.
Article 16: Evidence
The customer accepts that electronic communications and back ups can be used as evidence.
Article 17: Governing law – Jurisdiction
The laws of Belgium, with the exclusion of the provisions of international private law regarding applicable law and with the exclusion of the Vienna convention are applicable. In case of eventual disputes, only the courts of Antwerp have jurisdiction.
If you wish to contact us with regards to the general terms and conditions to purchase toys and goods of Woodix Toys, you may do so
Via e-mail: info@woodixtoys.com
By telephone: + 32 3 369 01 60 (Monday – Friday between 10h & 12h and between 14h & 16h)
By fax: + 32 3 369 01 61
By mail: Woodix Toys, Peulisbaan 27, 2820 Bonheiden, Belgium