Terms of service – HappyKido

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Terms of service

Disclaimer

No rights can be derived from these general terms and conditions. If you have any doubts about their content, please consult a legal expert.

Table of Contents

Article 1 - Definitions
Article 2 - Identity of the Entrepreneur
Article 3 - Applicability
Article 4 - The Offer
Article 5 - The Agreement
Article 6 - Right of Withdrawal
Article 7 - Costs in Case of Withdrawal
Article 8 - Exclusion of the Right of Withdrawal
Article 9 - Pricing
Article 10 - Payment
Article 11 - Klarna Payment Methods
Article 12 - Delivery and Execution
Article 13 - Conformity and Warranty
Article 14 - Complaints Procedure
Article 15 - Intellectual Property
Article 16 - Liability
Article 17 - Personal Data
Article 18 - Miscellaneous
Article 19 - Klarna Payment Methods

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

  1. Cooling-off period: The period during which the consumer can exercise their right of withdrawal.
  2. Consumer: The natural person who is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur.
  3. Day: Calendar day.
  4. Durable data carrier: Any means that allows the consumer or entrepreneur to store information personally addressed to them in a way that enables future consultation and unchanged reproduction of the stored information.
  5. Right of withdrawal: The option for the consumer to withdraw from the distance contract within the cooling-off period.
  6. Entrepreneur: The natural or legal person who offers products and/or services to consumers remotely.
  7. Distance contract: A contract in which, as part of a system organized by the entrepreneur for the remote sale of products and/or services, one or more techniques for remote communication (e.g., the internet) are exclusively used until the conclusion of the contract.

Article 2 - Identity of the Entrepreneur

The Brands Agency B.V.
Registered address: Jelle Zijlstraweg 100, 1689 ZX Zwaag, Netherlands
Email: help@happykido.nl
Chamber of Commerce number: 90978765
VAT identification number: -

Article 3 - Applicability

  1. These general terms and conditions apply to every offer from the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
  2. Before the distance contract is concluded, the text of these general terms and conditions is made available to the consumer electronically in such a way that it can be easily stored on a durable data carrier. The consumer must review and accept these general terms and conditions before placing an order.
  3. If, in addition to these general terms and conditions, specific product or service conditions apply, the previous clause applies accordingly. In the event of conflicting terms, the consumer may always rely on the provision that is most favorable to them.

Article 4 - The Offer

  1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
  2. The offer includes a complete and accurate description of the products and/or services offered. The description is detailed enough to allow a proper evaluation of the offer by the consumer. If the entrepreneur uses images, they are a truthful representation of the products and/or services. However, slight variations may occur. Obvious mistakes or errors in the offer are not binding on the entrepreneur. Errors in advertisements elsewhere than on the entrepreneur's website are explicitly mentioned here, with the information on the entrepreneur’s website always being considered leading.
  3. Each offer contains sufficient information for the consumer to understand the rights and obligations associated with accepting the offer, including:
    • The price, including taxes.
    • Any delivery costs.
    • The manner in which the agreement will be concluded and the required steps.
    • Whether or not the right of withdrawal applies.
    • The accepted payment methods, delivery options, and execution of the agreement.
    • The period within which the offer can be accepted or the period during which the entrepreneur guarantees the price.
    • The manner in which the consumer can verify and, if necessary, correct the information provided before concluding the contract.
    • Any other languages, besides Dutch, in which the contract can be concluded.

Article 5 - The Agreement

  1. The agreement is concluded at the moment the consumer accepts the offer and meets the specified conditions.
  2. If the consumer has accepted the offer electronically, the entrepreneur will promptly confirm receipt of the acceptance electronically. Until this confirmation has been received, the consumer may dissolve the agreement.
  3. A confirmed order cannot be modified or canceled without the entrepreneur’s written consent, which must be requested no later than 24 hours after the order confirmation, without prejudice to the right of withdrawal in Article 6.
  4. If the agreement is concluded electronically, the entrepreneur takes appropriate technical and organizational measures to secure the electronic transfer of data and ensures a secure web environment. If the consumer can pay electronically, the entrepreneur takes appropriate security measures.
  5. Within legal frameworks, the entrepreneur may investigate whether the consumer can meet their payment obligations, as well as any facts and factors relevant to responsibly entering into the distance contract. If, based on this investigation, the entrepreneur has legitimate grounds not to proceed with the contract, they are entitled to refuse an order or attach special conditions to its execution.
  6. The entrepreneur will include the following information with the product or service, in writing or in such a way that the consumer can store it on a durable data carrier:
    a. The business address of the entrepreneur where the consumer can submit complaints.
    b. The conditions under which and the manner in which the consumer can exercise their right of withdrawal, or a clear statement if the right of withdrawal is excluded.
    c. Information about warranties and existing after-sales services.
    d. The information specified in Article 4(3), unless the entrepreneur has already provided this information to the consumer before executing the contract.

Article 6 - Right of Withdrawal

  1. When purchasing products remotely, the consumer has the option to dissolve the contract without giving reasons within 14 days. The cooling-off period begins the day after the consumer or a designated representative receives the product.
  2. During the cooling-off period, the consumer must handle the product and packaging with care. The consumer may only unpack or use the product to the extent necessary to determine whether they wish to keep it. If the consumer exercises their right of withdrawal, they must return the product with all supplied accessories and, if reasonably possible, in its original condition and packaging, in accordance with the reasonable and clear instructions provided by the entrepreneur.
  3. More details on exercising the right of withdrawal can be found in the entrepreneur’s Refund Policy.

Article 7 - Costs in Case of Withdrawal

  1. If the consumer correctly exercises their right of withdrawal in accordance with the Refund Policy, they will only be responsible for the return shipping costs.
  2. If the consumer has already made a payment, the entrepreneur will refund the amount as soon as possible, but no later than 14 days after receiving the returned product or withdrawal request.

Article 8 - Exclusion of the Right of Withdrawal

  1. The right of withdrawal stated in Article 6 is excluded for products:
    a. that have been custom-made according to the consumer’s specifications;
    b. that are clearly of a personal nature;
    c. that, by their nature, cannot be returned;
    d. that are perishable or have a limited shelf life;
    e. whose price is subject to fluctuations in the financial market beyond the entrepreneur’s control;
    f. that consist of single issues of newspapers or magazines;
    g. that involve audio and video recordings or computer software for which the consumer has broken the seal.

  2. The right of withdrawal stated in Article 6 is also excluded for services whose execution has begun with the consumer’s explicit consent before the cooling-off period has expired.

Article 9 - Pricing

  1. Prices listed on the entrepreneur’s website are subject to change.
  2. During the validity period specified in the offer, the prices of the offered products and/or services will not be increased, except for price changes resulting from VAT adjustments or obvious errors.
  3. The prices mentioned in the offer for products or services include VAT. Unless explicitly stated otherwise, prices do not include shipping, delivery fees, or costs associated with the selected payment method. These costs will be specified separately during the ordering process and before finalizing the purchase.

Article 10 - Payment

  1. Payment must be made using one of the available payment methods chosen by the consumer, either in advance (at least 50%) or, where applicable, upon delivery. Unless otherwise agreed, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period as referred to in Article 6(1). For service agreements, this period begins after the consumer has received confirmation of the agreement.
  2. The consumer is responsible for immediately reporting any inaccuracies in the provided or listed payment details to the entrepreneur.
  3. In case of non-payment by the consumer, the entrepreneur is entitled, subject to legal restrictions, to charge reasonable costs that have been communicated to the consumer in advance.

Article 11 - Klarna Payment Methods

In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment methods:

  • Pay Later
  • Installment Payments

For more information, please refer to Klarna’s terms and conditions.
General information about Klarna can be found here.
Your personal data will be processed by Klarna in accordance with the applicable data protection laws and as described in Klarna’s privacy statement.

Article 12 - Delivery and Execution

  1. The entrepreneur will exercise the utmost care in receiving and processing product orders and assessing requests for service provision. However, all delivery times are indicative.
  2. The place of delivery is the address provided by the consumer to the company.
  3. In accordance with Article 4 of these general terms and conditions, the entrepreneur will fulfill accepted orders as soon as possible, but no later than 30 days, unless a longer delivery period has been agreed upon. If delivery is delayed or if an order cannot be fulfilled in whole or in part, the consumer will be informed no later than 30 days after placing the order. In such cases, the consumer has the right to cancel the contract free of charge and may be entitled to compensation.
  4. In the event of cancellation under the previous clause, the entrepreneur will refund any payments made by the consumer as soon as possible, but no later than 30 days after cancellation.
  5. If the delivery of an ordered product proves to be impossible, the entrepreneur will make every effort to offer a replacement product. The consumer will be clearly informed of this at the time of delivery. Replacement products are also subject to the right of withdrawal in Article 6. The cost of any return shipment for replacement products will be borne by the entrepreneur.
  6. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a designated third party authorized by the consumer.
  7. Ownership of the sold products only transfers to the consumer upon full payment of the purchase price.

Article 13 - Conformity and Warranty

  1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and usability, and the applicable legal provisions and government regulations in force at the time the agreement was concluded.
  2. The consumer is entitled to a statutory warranty period of two years from the date of delivery if the products do not conform to the previous clause.
  3. In the case of valid warranty claims, the entrepreneur will, at its own discretion and in the following order:
    (1) Partially or fully replace defective products, components, and/or service performances;
    (2) Repair the defective products and/or components; or
    (3) Issue a credit corresponding to the nature and extent of the defect in a reasonable manner.

The warranty does not apply to:

  • Defects resulting from improper handling, misuse, negligence, or accidents, including failure to follow the user and installation manual provided with the products.
  • Defects caused by unauthorized repairs or modifications carried out by third parties without the entrepreneur's permission.
  • Defects resulting from irregular and/or improper maintenance.
  • Defects arising from use in an unsuitable environment.
  • Defects due to normal wear and tear or usage.
  1. A warranty provided by the entrepreneur, manufacturer, or importer does not affect the consumer's statutory rights under the agreement with the entrepreneur.

Article 14 - Complaints Procedure

  1. Complaints regarding the execution of the agreement, including warranty claims under Article 13, must be submitted to the entrepreneur in a timely manner, meaning no later than two months after the consumer has discovered the defect. The complaint must be fully and clearly described and submitted along with a copy of the proof of purchase.
  2. Complaints submitted to the entrepreneur will be responded to within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will provide an acknowledgment of receipt within 14 days and indicate when the consumer can expect a more detailed response.

Article 15 - Intellectual Property

The intellectual property rights, including copyrights, trademarks, software, databases, models, drawings, patents, and other registered or unregistered rights incorporated in the products, services, and website content of the entrepreneur, remain the exclusive property of the entrepreneur and/or its licensors, as applicable.

The consumer may not copy, reproduce, or otherwise exploit the entrepreneur’s products or website content without the express written consent of the entrepreneur.

Article 16 - Liability

The contractual liability of the entrepreneur is limited to its statutory responsibilities as a manufacturer and/or reseller, depending on the circumstances.

To the extent legally permitted, the entrepreneur’s liability is always limited to, depending on the case:

  • The free replacement of defective products.
  • The refund of the purchase price of the defective products.

In all cases, liability shall not exceed the invoiced amount for the products in question.

The entrepreneur is not liable for:

  • Indirect, incidental, or consequential damages, including but not limited to:
    • Damage to health
    • Property damage
    • Financial losses
    • Lost profits
    • Personnel costs
    • Third-party claims
    • Loss of revenue

The non-contractual liability of the entrepreneur is governed by the Product Liability provisions of Book 6, Title 3, Section 3 of the Dutch Civil Code.

The entrepreneur is not liable for:
(i) Damage caused by the consumer.
(ii) Damage resulting from the consumer’s failure to fulfill obligations.
(iii) Damage caused by improper or inappropriate use of purchased products.
(iv) Damage to modified products or those incorporating components that do not meet the entrepreneur's specifications.
(v) Damage due to failure to comply with legal and/or other obligations, including failure to follow the user manual and safety instructions provided with the products.

The products offered are not medical devices and are not intended to diagnose, prevent, or treat specific medical conditions.

Article 17 - Personal Data

The entrepreneur is responsible for processing the personal data provided by the consumer in connection with the agreement.

The entrepreneur processes personal data in accordance with the principles of Regulation (EU) No. 2016/679 of the European Parliament and the Council of April 27, 2016 (GDPR) and in compliance with its Privacy Policy available on its website.

Article 18 - Miscellaneous

Any additional or deviating provisions from these general terms and conditions must not disadvantage the consumer and must be documented in writing or in a manner that allows the consumer to store them on a durable data carrier.

The potential invalidity of any provision in these general terms and conditions, or part of a provision, does not affect the validity of the remaining provisions.

If a provision is deemed invalid, the entrepreneur and consumer will negotiate a replacement provision that aligns as closely as possible with the intent and purpose of the original provision.

Contracts between the entrepreneur and the consumer, governed by these general terms and conditions, are exclusively subject to Dutch law.

Article 19 - Klarna Payment Methods

In collaboration with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment methods:

  • Pay Later
  • Installment Payments

For more information, please refer to Klarna’s terms and conditions.
General information about Klarna can be found here.
Your personal data will be processed by Klarna in accordance with the applicable data protection laws and as described in Klarna’s privacy statement.