Terms of service
General Terms and Conditions of International Bon Ton Toys B.V.
This English translation is provided for convenience only. The original Dutch version prevails in the event of inconsistencies or conflicts between the Dutch version and this translation.
Article 1.
Definitions
IBTT: International Bon Ton Toys B.V., with corporate seat in Amsterdam.
Terms and Conditions: these general terms and conditions.
Consumer: a natural person acting for purposes outside his trade, business, craft or profession.
Article 2.
Applicability of these Terms and Conditions
2.1 These Terms and Conditions apply to all offers made by IBTT and to all agreements concluded between IBTT and the Consumer.
2.2 In the unforeseen event that any provision of these Terms and Conditions is void or voided, the remainder of the agreement will remain in force as far as possible and the provision in question will be replaced with a provision that most closely matches the intent of the original provision.
2.3 If, at any time, IBTT does not require strict compliance with the agreement (including these Terms and Conditions), this does not mean that provisions thereof do not apply or that IBTT loses the right to require strict compliance with the agreement in future cases.
Article 3.
The offer and the agreement
3.1 If an offer has a limited period of validity or is subject to certain conditions, this is explicitly stated in the offer.
3.2 The offer (as published on IBTT’s website) contains a complete and accurate description of the products offered. The description is sufficiently detailed to enable the Consumer to properly assess the offer.
3.3 Any images used by IBTT are a true representation of the products offered. IBTT is not bound by any obvious mistakes or errors in the offer. The Consumer cannot derive any rights from an obvious mistake or error in the offer.
3.4 All prices are stated in euros and are inclusive of value added tax (btw). All prices are exclusive of shipping costs (the shipping costs are specified in the offer).
3.5 The agreement is formed when the Consumer accepts the offer and complies with the relevant conditions. The Consumer accepts the offer by placing an order with IBTT. After placing an order, the Consumer automatically receives an order confirmation by email.
3.6 The agreement is formed electronically and the price is paid electronically. IBTT takes technical and organisational security measures for that purpose.
Article 4.
Right of withdrawal
4.1 The Consumer has a cooling-off period of 14 days during which the Consumer has the right to cancel an agreement for the purchase of a product without reason. This cooling-off period commences the day after the Consumer or a third party designated in advance by the Consumer has received the product or, if the Consumer has ordered several products in one order, the day on which the Consumer or a third party designated in advance by the Consumer has received the last product.
4.2 During the cooling-off period the Consumer must handle the product and the packaging with care. The Consumer may unpack or use the product only to the extent that this is necessary to establish the nature, characteristics and functioning of the product. The basic principle is that the Consumer may only handle and inspect the product as he would be allowed to do in a shop. The Consumer is liable for any diminished value of the product resulting from the handling of the product in a way other than what is allowed.
4.3 If the Consumer wishes to exercise his right of withdrawal, he must use the model withdrawal form or notify IBTT accordingly in another unambiguous way, within the cooling-off period. The Consumer must return the product as soon as possible, but within 14 days of the day following this notification. The Consumer must return the product with all accessories delivered, in original condition and packaging if reasonably possible, and in accordance with IBTT’s reasonable and clear instructions. The risk and burden of proof with respect to the correct and timely exercise of the right of withdrawal rests with the Consumer. The direct costs of returning the product are borne by the Consumer.
4.4 If the Consumer exercises his right of withdrawal, the agreement and any ancillary agreement are cancelled by operation of law.
4.5 If the Consumer exercises his right of withdrawal, IBTT will refund the Consumer all payments made by him, including any delivery costs invoiced by IBTT for the product returned, no later than 14 days after the day on which the Consumer has notified IBTT of the withdrawal. IBTT may withhold the refund until it has received the returned product or until the Consumer provides evidence of having returned the product, whichever is the earliest.
4.6 IBTT makes the refund using the same means of payment that the Consumer used for the initial purchase, unless the Consumer agrees to a different method. The Consumer will not incur any fees as a result of the refund. If the delivery method chosen by the Consumer is more expensive than the cheapest standard delivery method, the delivery charge paid by the Consumer is non-refundable by IBTT to the extent that it exceeds the standard delivery charge.
Article 5.
Delivery and performance
5.1 IBTT will accept and process orders for products with the utmost of care. The address notified by the Consumer to IBTT is deemed to be the delivery address.
5.2 The offer will state the estimated delivery time. Delivery times are indicative and not guaranteed. The Consumer will be notified of any material delivery delays or if an order cannot be filled or can be filled only partially. In that case the Consumer has the right to cancel the agreement at no cost. After cancellation of the agreement IBTT will refund the amount paid by the Consumer.
5.3 The risk of damage to and/or loss of products rests with IBTT until the product has been delivered to the Consumer or a third party designated in advance by the Consumer.
Article 6.
Quality and warranty
6.1 IBTT warrants that the quantity, quality and external features of the products delivered match the specifications mentioned on its website.
6.2 If the products delivered by IBTT are defective due to faulty materials or workmanship, IBTT will, at its discretion and depending on the circumstances, repair (or have repaired) the products in question or replace them or credit the Consumer for the amount in question.
6.3 Products or parts replaced because of defects as a result of faulty materials or workmanship become the property of IBTT again.
Article 7.
Payment
7.1 The Consumer must pay the price electronically immediately after placing the order.
7.2 If the Consumer fails to meet his payment obligations or other obligations to IBTT, IBTT has the right to suspend the performance of an agreement concluded with the Consumer (including the delivery of products).
Article 8.
Liability and loss or damage
IBTT is not liable for any indirect and/or consequential loss or damage. IBTT is liable for direct loss or damage only, up to a maximum of 100% of the gross invoice value of the products delivered in connection with which the loss or damage has arisen.
Article 9.
Intellectual property rights
Copyrights, design rights and all other intellectual property rights embodied in the products or parts of products delivered by IBTT to the Consumer and designed by or on the instructions of IBTT, are the property of IBTT and are not transferred to the Consumer in any way.
Article 10.
Complaints
Complaints about the performance of the agreement must be described fully and clearly and submitted to IBTT in a timely manner after the Consumer has discovered the defects. IBTT will respond to a complaint within 14 days of the date of receipt thereof. If the time for processing a complaint is expected to be longer, IBTT will respond within the 14-day period by acknowledging receipt of the complaint and providing an indication of when the Consumer may expect a more detailed response. The Consumer must in any case give IBTT 4 weeks to resolve the complaint in consultation with the Consumer.
Article 11.
Governing law
These Terms and Conditions, as well as all rights, obligations, quotes, orders and agreements to which these Terms and Conditions apply, are governed exclusively by the laws of the Netherlands.
Article 12.
Filing
These Terms and Conditions have been filed with the Dutch Chamber of Commerce.
OVERVIEW
This website is operated by Bontontoys-production. Throughout the site, the terms “we”, “us” and “our” refer to Bontontoys-production. Bontontoys-production offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy: [LINK TO REFUND POLICY]
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more details, please review our Refund Policy: [LINK TO REFUND POLICY]
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and Services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: [LINK TO PRIVACY POLICY]
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Bontontoys-production, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Bontontoys-production and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Netherlands.
SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at service@bontontoys.com.
