Article 1. Applicability
1.1 All offers, order and agreements made by OLD-SCHOOL-TOYS are subject to these General Terms and Conditions of Sale (hereafter: terms and conditions) and exclude any other general terms and conditions.
1.2 The provisions of the terms and conditions can only be deviated from in writing, in which case the remaining provisions remain in full force.
1.3 Placing an order implies your unconditional acceptance of the applicability of these terms and conditions.
Article 2. Agreement and Website Offers
2.1 All offers from OLD-SCHOOL-TOYS are non-binding and OLD-SCHOOL-TOYS expressly reserves the right to change its prices.
2.2 An agreement only comes into effect after acceptance of your order by OLD-SCHOOL-TOYS. OLD-SCHOOL-TOYS is entitled to refuse orders or apply certain conditions to the delivery, unless expressly stated otherwise.
2.3 Some of the items on offer include a stated age restriction. By ordering one or more of these products, you declare that you are at least the same age, or older, than the stated age.
Article 3. Delivery
3.1 Delivery times listed by OLD-SCHOOL-TOYS are only intended to provide an indication of when an order may arrive. If a delivery period is exceeded, it does not entitle you to compensation, the right to cancel your order or the right to dissolve the agreement, unless the delivery period is exceeded to such an extent that you cannot reasonably be expected to continue the agreement. In this case, you are entitled to cancel the order or dissolve the agreement to the extent necessary.
3.2 The delivery of the product(s) will be instigated at the moment (place and time) when the products are ready to be dispatched to you.
Article 4. Rates and Payment
4.1 The prices stated for the products and services are stated in euros (€), including VAT and excluding handling, shipping costs and any taxes or other charges, unless otherwise stated or agreed to in writing.
4.2 Payment must be made without any set-off, within fourteen (14) days of placing an order.
4.3 Payment may be made by credit card (PayPal), iDeal or bank transfer. In case of payment by bank or giro transfer, the date of payment is the date the giro or bank account of OLD-SCHOOL-TOYS is credited.
4.4 If the payment term is exceeded, you will be in default from the day on which payment should have been made. Starting from the day payment was expected, you will owe a default interest of one percent (1%) per month, or the remainder of the month, on the outstanding amount. If payment is made after a reminder has been sent by OLD-SCHOOL-TOYS, you will owe an amount of five euros (€5.00) in administration costs. If OLD-SCHOOL-TOYS outsources its claim for collection, you will also owe these additional collection costs.
4.5 If you are in default on any payment, OLD-SCHOOL-TOYS is entitled, without notice of default, to suspend or dissolve the execution of the relevant agreement and related agreements, while retaining its rights.
Article 5. Retention of Ownership
5.1 The ownership of delivered products is only transferred to you if you have paid all that you owe, under any agreement, to OLD-SCHOOL-TOYS. Any risk relating to the product(s) is transferred to you, the buyer, when shipment starts.
Article 6. Intellectual and Industrial Property Rights
6.1 You must fully and unconditionally respect all intellectual and other established property rights of the products supplied by OLD-SCHOOL-TOYS.
6.2 OLD-SCHOOL-TOYS does not guarantee that the products delivered to you do not infringe any (unwritten) intellectual and/or industrial property rights of third parties.
Article 7. Liability
7.1 Upon delivery, you are required to check whether the received products comply with the agreement. If this is not the case, you must inform OLD-SCHOOL-TOYS as soon as possible and in any event within seven working days after delivery, in writing and with the provision of sufficient reasoning. If it has been successfully proven that the products do not comply with the agreement, OLD-SCHOOL-TOYS has the choice of replacing the products in question with new products or refunding the invoice value by means of a credit note.
7.2 If for any reason you no longer wish to keep a product, you have the right to return it to OLD-SCHOOL-TOYS, within seven working days after delivery. In this case, returns will only be accepted if the original packaging is wholly undamaged. The additional costs of returns are at your own expense. When returning products, any payment arrangements will automatically lapse. You will be refunded the purchase price by means of a credit note.
7.3 Complaints Procedure
Complaints submitted to the seller will be responded to within a period of fourteen (14) days, starting from the date the complaint has been received. If a complaint requires a considerably longer processing time, the seller will respond within the fourteen (14) day period with a notice of receipt and provide an indication as to when the buyer can expect to receive a more detailed response.
If the complaint cannot be mutually resolved, a dispute arises which is subject to the dispute settlement procedure.
For all complaints, the buyer should first inform the seller. If the webshop is affiliated with Stichting WebwinkelKeur and complaints cannot be resolved by mutual agreement, the buyer should then inform Stichting WebwinkelKeur, which will mediate the process free of charge. Check whether this webshop is currently a member via https://www.webwinkelkeur.nl/ledenlijst/. If the issue is still not resolved, the buyer has the option to have their complaint dealt with by the independent dispute committee, as appointed by Stichting WebwinkelKeur, whose decision is binding and to which both seller and buyer must agree. Submitting a dispute to this dispute committee involves additional costs that must be paid by the buyer to the committee in question. It is also possible to register complaints via the European Online Dispute Resolution (ODR) platform.
A complaint does not suspend the obligations of the seller, unless the seller indicates otherwise in writing.
If a complaint is found to be justified by the seller, the seller will, at their discretion, either replace or repair the delivered product(s) free of charge.
Article 8. Prices Subject to Printing and Typographical Errors
8.1 All prices are subject to printing and typographical errors. We do not accept liability for the consequences of printing and typographical errors.
8.2 All prices on the website are listed in euros (€), including 21% VAT and excluding shipping costs. When processing an order, the appropriate shipping costs will be applied.
8.3 We are entitled to adjust prices at any time.
8.4 Offers are only valid as long as stocks last and during the period indicated.
8.5 Price reductions implemented after purchase do not give the right to a refund.
Article 9. Orders and Communication
9.1 Unless and insofar as there is intent or gross negligence on the part of OLD-SCHOOL-TOYS, OLD-SCHOOL-TOYS is not liable for defects, delays or improper communication of orders and messages, as a result of internet use or any other means of communication in the correspondence between you and OLD-SCHOOL-TOYS, or between OLD-SCHOOL-TOYS and third parties, insofar as it relates to the relationship between you and OLD-SCHOOL-TOYS.
9.2 You have the right to cancel your order up to fourteen (14) days after receipt, without providing a valid reason. After cancellation, you then have another fourteen (14) days in which to return your product. You will then be credited for the full order amount. The cost of returning the product from your home to the store is at the expense of the buyer. These costs are approximately seven euros and twenty five cents (€7.25) per package. For the exact current rates, please consult the website of your carrier. If you exercise your right of withdrawal, the product will be returned to the seller, including all delivered accessories and in its original state and packaging. To exercise this right, please contact us at [email protected]. We will then refund the order amount due within fourteen (14) days after notification of your return, provided the product has already been returned and received in the same condition as it was sold.
Article 10. Force Majeure
10.1 Without prejudice to its other rights, OLD-SCHOOL-TOYS has the right in case of force majeure, at its own discretion, to suspend the execution of your order, or to dissolve the agreement without judicial intervention, without OLD-SCHOOL-TOYS being required to pay any compensation, unless this would be unacceptable in the given circumstances according to standards of reasonableness and fairness.
Article 11. Miscellaneous
11.1 Many of the products are listed with a catalogue photo, which means that this is a photo provided by the supplier. Minor differences may therefore exist between the photo and the actual product.
11.2 If you provide OLD-SCHOOL-TOYS with an address in writing, OLD-SCHOOL-TOYS is entitled to send all orders to that address, unless you provide, in writing, OLD-SCHOOL-TOYS with another address to which your orders must be sent.
11.3 If OLD-SCHOOL-TOYS permits deviations from these terms and conditions, either for a short or longer period and tacitly or not, this does not affect its right to demand immediate and strict compliance with these terms and conditions. You may never assert any right based on the fact that OLD-SCHOOL-TOYS applies these terms and conditions flexibly.
11.4 OLD-SCHOOL-TOYS is authorised to use third parties for the execution of your order(s).
11.5 OLD-SCHOOL-TOYS reserves the right to change these terms and conditions at any time.
Article 12. Applicable Law and Competent Court
12.1 All rights, obligations, offers, orders and agreements to which these Terms and Conditions apply, as well as these Terms and Conditions, are exclusively governed by Dutch law.
12.2 All disputes between the parties involved shall be submitted exclusively to the competent court in the Netherlands.
Article 13. Corporate Social Responsibility
13.1 OLD-SCHOOL-TOYS cooperates in minimising waste. This is why we do not use paper packing slips and invoices. Instead we provide all information digitally, via email or via the website