Terms and Conditions

ARTICLE 1 – DEFINITIONS

In these terms and conditions, the following definitions apply:

Cooling-Off Period: The period within which the consumer can exercise their right of withdrawal.

Consumer: The natural person who does not act in the course of business or profession and enters into a distance contract with the entrepreneur.

Day: Calendar day.

Long-Term Transaction: A distance contract related to a series of products and/or services, where the delivery and/or collection obligation is spread out over time.

Durable Medium: Any means that allows the consumer or entrepreneur to store information personally directed to them in such a way that future consultation and unchanged reproduction of the stored information is possible.

Right of Withdrawal: The possibility for the consumer to cancel the distance contract within the cooling-off period.

Entrepreneur: The natural or legal person offering products and/or services remotely to consumers.

Distance Contract: A contract in which, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, one or more techniques for remote communication are used until the contract is concluded.

Remote Communication Technique: A medium that can be used to conclude a contract without the consumer and entrepreneur being simultaneously in the same place.

General Terms and Conditions: These General Terms and Conditions of the entrepreneur.

ARTICLE 2 – IDENTITY OF THE ENTREPRENEUR

Trade Name: J.v.k. online 
Chamber of Commerce Number: 81129882
Email Address: info@calm-play.com
Phone Number: +31 VUL IN 
Physical Address: Bernhardlaan 59, Monickendam, Noord-holland, 1141CM Netherlands (no visit or return address)

For any inquiries, please contact us via our Contact page, or visit our Frequently Asked Questions page.

ARTICLE 3 – APPLICABILITY

These general terms and conditions apply to every offer made by the entrepreneur and to every distance contract and order made between the entrepreneur and the consumer.

Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, it will be indicated that the general terms and conditions are available for inspection at the entrepreneur’s premises, and that upon the consumer’s request, they will be sent to the consumer free of charge as soon as possible.

If the distance contract is concluded electronically, the text of these general terms and conditions may be made available electronically to the consumer in such a way that the consumer can easily store it on a durable medium. If this is not reasonably possible, it will be indicated before the contract is concluded where the general terms and conditions can be accessed electronically, and that, upon the consumer's request, they will be sent to the consumer free of charge electronically or otherwise.

In cases where, in addition to these general terms and conditions, specific product or service conditions apply, the second and third paragraphs will apply accordingly, and in case of conflicting general terms and conditions, the consumer can always rely on the provision that is most favorable to them.

If one or more provisions in these general terms and conditions are wholly or partially nullified or invalidated, the rest of the agreement and these terms and conditions will remain in effect, and the relevant provision will be replaced by one that closely approximates the intent of the original provision.

Situations not covered by these general terms and conditions must be assessed in accordance with the spirit of these terms and conditions.

Uncertainties about the interpretation or content of one or more provisions of our terms must be interpreted according to the spirit of these general terms and conditions.

ARTICLE 4 – THE OFFER

If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.

The offer is non-binding. The entrepreneur reserves the right to modify or adjust the offer.

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to allow the consumer to make an informed judgment about the offer. If the entrepreneur uses images, they should be an accurate representation of the offered products and/or services. Obvious mistakes or errors in the offer do not bind the entrepreneur.

All images, specifications, and data in the offer are indicative and cannot serve as the basis for compensation or contract cancellation.

Images accompanying products are an accurate representation of the offered products. Entrepreneurs cannot guarantee that the displayed colors exactly match the actual colors of the products.

Each offer contains such information that it is clear to the consumer what the rights and obligations are that are associated with the acceptance of the offer. This concerns, in particular:

  • The price, excluding customs clearance costs and import VAT. These additional costs will be at the consumer's expense and risk. The postal and/or courier service will use the special customs procedure for postal and courier services regarding the import. This procedure applies when goods are imported into the destination EU country, which is the case here. The postal and/or courier service collects VAT (possibly together with the charged customs clearance costs) from the recipient of the goods;

  • Any shipping costs;

  • The method by which the agreement will be concluded and which actions are necessary;

  • Whether or not the right of withdrawal applies;

  • The method of payment, delivery, and execution of the agreement;

  • The period for accepting the offer, or the period during which the entrepreneur guarantees the price;

  • The rate for remote communication if the costs of using the communication technique are calculated based on a different method than the regular basic rate for the communication method used;

  • Whether the agreement will be archived after its conclusion, and if so, how it can be accessed by the consumer;

  • The way in which the consumer can check and, if necessary, correct the data provided by them in the context of the agreement before concluding the agreement;

  • Any other languages in which the agreement can be concluded, besides Dutch;

  • The codes of conduct to which the entrepreneur has subscribed and how the consumer can access these codes electronically;

  • The minimum duration of the distance contract in the case of a long-term transaction. Optional: available sizes, colors, material types.

ARTICLE 5 – THE AGREEMENT

The agreement is concluded, subject to the provisions of Section 4, at the moment the consumer accepts the offer and fulfills the conditions set therein.

If the consumer accepts the offer electronically, the entrepreneur will immediately confirm the receipt of the acceptance of the offer electronically. Until the entrepreneur has confirmed the receipt of this acceptance, the consumer may cancel the agreement.

If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to make electronic payments, the entrepreneur will take appropriate security measures.

The entrepreneur may – within legal boundaries – verify whether the consumer is able to fulfill their payment obligations, as well as any facts and factors relevant to the justification of the distance agreement. If, based on this investigation, the entrepreneur has good reason not to proceed with the agreement, the entrepreneur is entitled to refuse an order or request, or to attach special conditions to its execution.

The entrepreneur will provide the following information with the product or service to the consumer, in writing or in such a way that it can be stored in an accessible manner by the consumer on a durable medium:

  • The physical address of the entrepreneur's establishment where the consumer can lodge complaints;
  • The conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement about the exclusion of the right of withdrawal;
  • Information about warranties and after-sales service;
  • The details included in Article 4, Section 3 of these terms, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
  • The requirements for terminating the agreement if the agreement lasts for more than one year or is of indefinite duration.

In the case of a long-term transaction, the provision in the previous section applies only to the first delivery.

Each agreement is concluded subject to the condition of sufficient availability of the relevant products.

ARTICLE 6 – RIGHT OF WITHDRAWAL

When purchasing products, the consumer has the option to cancel the agreement without providing a reason within 30 days. This cooling-off period begins the day after the consumer receives the product or a representative of the consumer, designated and notified to the entrepreneur in advance.

During the cooling-off period, the consumer will handle the product and packaging with care. They will only unpack or use the product to the extent necessary to assess whether they want to keep the product. If the consumer wishes to exercise the right of withdrawal, they will return the product with all accessories provided and – if reasonably possible – in its original condition and packaging, following the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they must notify the entrepreneur within 30 days of receiving the product. This notification must be made in writing or by email. After notifying the entrepreneur of their intention to exercise the right of withdrawal, the consumer must return the product within 14 days. The consumer must prove that the goods have been returned in a timely manner, for example, by providing proof of shipment.

If the consumer does not notify the entrepreneur of their intention to exercise the right of withdrawal or fails to return the product after the periods mentioned in Sections 2 and 3, the sale becomes final.

ARTICLE 7 – COSTS IN CASE OF WITHDRAWAL

If the consumer exercises their right of withdrawal, the costs for returning the products will be borne by the consumer.

If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after the withdrawal. This refund is subject to the condition that the product has already been received by the retailer or that conclusive proof of the complete return is provided.

ARTICLE 8 – EXCLUSION OF RIGHT OF WITHDRAWAL

The entrepreneur may exclude the consumer's right of withdrawal for products as described in Sections 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has clearly stated this in the offer, or at least in a timely manner before the agreement is concluded.

Exclusion of the right of withdrawal is only possible for products:

  • Made by the entrepreneur according to the consumer's specifications;
  • Clearly personalized;
  • Which by their nature cannot be returned;
  • Which can spoil or age quickly;
  • Whose price is tied to fluctuations in the financial market that the entrepreneur has no control over;
  • For single newspapers and magazines;
  • For audio and video recordings and computer software where the consumer has broken the seal;
  • For hygiene products where the consumer has broken the seal.

Exclusion of the right of withdrawal is only possible for services:

  • Regarding accommodation, transport, catering, or leisure services to be provided on a specific date or during a specific period;
  • Where the delivery has begun with the express consent of the consumer before the cooling-off period has expired;
  • Regarding betting and lotteries.

ARTICLE 9 – THE PRICE

During the validity period specified in the offer, the prices of the offered products and/or services will not increase, except for price changes due to changes in VAT rates.

Notwithstanding the previous section, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market over which the entrepreneur has no control, with variable prices. This dependency on fluctuations and the fact that any stated prices are indicative will be clearly stated in the offer.

Price increases within 3 months after the agreement is concluded are only allowed if they are the result of legal regulations or provisions. Price increases after 3 months from the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and:

  • They are the result of legal regulations or provisions; or
  • The consumer has the right to terminate the agreement starting from the day the price increase takes effect.

The place of delivery is determined based on Section 5, Paragraph 1, VAT Act 1968, in the country where the transport begins. In this case, delivery will take place outside the EU. Following this, the postal or courier service will collect import VAT or customs clearance fees from the recipient. Therefore, no VAT will be charged by the entrepreneur.

All prices are subject to printing and typographical errors. The entrepreneur accepts no liability for the consequences of printing and typographical errors. In case of such errors, the entrepreneur is not obligated to deliver the product at the incorrect price.

ARTICLE 10 – CONFORMITY AND WARRANTY

The entrepreneur ensures that the products and/or services conform to the agreement, the specifications stated in the offer, the reasonable requirements of quality and/or usability, and the applicable legal provisions and/or government regulations in force at the time the agreement is concluded. If agreed upon, the entrepreneur also ensures that the product is suitable for purposes other than normal use.

A warranty provided by the entrepreneur, manufacturer, or importer does not affect the legal rights and claims that the consumer may exercise against the entrepreneur based on the agreement.

Any defects or incorrectly delivered products must be reported to the entrepreneur in writing within 14 days of delivery. Returned products must be in their original packaging and in new condition.

The warranty period of the entrepreneur corresponds to the manufacturer's warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for any individual application by the consumer, nor for any advice regarding the use or application of the products.

The warranty does not apply if:

  • The consumer has repaired and/or modified the delivered products themselves or had them repaired and/or modified by third parties;
  • The delivered products have been exposed to abnormal conditions or have been handled carelessly or contrary to the instructions of the entrepreneur and/or the handling instructions on the packaging;
  • The defect is entirely or partially due to regulations imposed or to be imposed by the government regarding the nature or quality of the materials used.

ARTICLE 11 – DELIVERY AND EXECUTION

The entrepreneur will exercise the utmost care when receiving and executing orders for products.

The place of delivery will be the address provided by the consumer to the company.

In accordance with what is mentioned in Article 4 of these general terms and conditions, the company will execute accepted orders promptly but no later than 14 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order can only be partially fulfilled, the consumer will be notified no later than 14 days after placing the order. In this case, the consumer has the right to cancel the agreement at no cost and is entitled to compensation for any damages.

In the case of cancellation under the previous section, the entrepreneur will refund the amount paid by the consumer as soon as possible, but no later than 14 days after the cancellation.

If the delivery of an ordered product proves to be impossible, the entrepreneur will make efforts to provide a substitute item. At the time of delivery, it will be clearly and understandably communicated that a substitute item is being delivered. For substitute items, the right of withdrawal cannot be excluded. The costs of any return shipment will be borne by the entrepreneur.

The risk of damage and/or loss of products rests with the entrepreneur until delivery to the consumer or a representative previously designated and notified to the entrepreneur, unless otherwise agreed.

ARTICLE 12 – TERM CONTRACTS: DURATION, CANCELLATION, AND EXTENSION

Cancellation

The consumer can cancel an agreement entered into for an indefinite period and which involves the regular delivery of products (including electricity) or services at any time, subject to the cancellation terms agreed upon and a notice period of no more than one month.

The consumer can cancel an agreement entered into for a fixed period and which involves the regular delivery of products (including electricity) or services at any time, provided that the cancellation occurs at the end of the agreed period, and subject to the cancellation terms and a notice period of no more than one month.

The consumer can cancel the agreements mentioned in the previous sections:

  • At any time and not be limited to cancellation at a specific time or within a specific period;
  • At least in the same manner as they entered into the agreement; always cancel with the same notice period that the entrepreneur has agreed to for themselves.

Extension

An agreement entered into for a fixed period and which involves the regular delivery of products (including electricity) or services may not be automatically renewed or extended for a fixed term.

However, in deviation from the previous section, an agreement entered into for a fixed period and which involves the regular delivery of daily, news, and weekly newspapers and magazines may be automatically renewed for a fixed term of no more than three months, provided that the consumer can cancel the renewed agreement at the end of the extension period with a notice period of no more than one month.

An agreement entered into for a fixed period and which involves the regular delivery of products or services may only be automatically extended for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month, and a notice period of no more than three months in cases where the agreement involves the regular, but less than once a month, delivery of daily, news, and weekly newspapers and magazines.

An agreement with a limited duration for the regular delivery of daily, news, and weekly newspapers and magazines for introductory purposes (trial or introductory subscription) will not be automatically extended and will terminate automatically at the end of the trial or introductory period.

Duration

If an agreement has a duration of more than one year, the consumer may cancel the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness prevent cancellation before the end of the agreed duration.

ARTICLE 13 – PAYMENT

Unless otherwise agreed, the amounts owed by the consumer must be paid within 7 days after the cooling-off period as referred to in Article 6(1). In the case of an agreement for the provision of a service, this period begins after the consumer has received the confirmation of the agreement.

The consumer has the obligation to promptly report any inaccuracies in the provided or stated payment details to the entrepreneur.

In the case of non-payment by the consumer, the entrepreneur has the right to charge reasonable costs that were previously communicated to the consumer, subject to legal limitations.

[View our complete payment policy here.]

ARTICLE 14 – COMPLAINTS PROCEDURE

Complaints regarding the performance of the agreement must be submitted fully and clearly within 7 days to the entrepreneur after the consumer has noticed the defects.

Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the 14-day period with an acknowledgment and an indication of when the consumer can expect a more detailed response.

If the complaint cannot be resolved through mutual agreement, it will lead to a dispute that is subject to the dispute resolution procedure.

A complaint does not suspend the obligations of the entrepreneur unless the entrepreneur has stated otherwise in writing.

If a complaint is found to be justified by the entrepreneur, the entrepreneur will, at their discretion, either replace or repair the delivered products free of charge.

ARTICLE 15 – DISPUTES

Only Dutch law applies to agreements between the entrepreneur and the consumer to which these terms and conditions apply. This is also the case if the consumer resides abroad.

CONTACT INFORMATION:

Business Name: J.v.k. online
Chamber of Commerce Number: 81129882
Email Address: info@Calm-play.com
Phone Number: +31 6 VUL IN
Physical Address: Bernhardlaand 59, Monnickendam, North Holland, 1141 CM, Netherlands (no visiting or return address)

Please contact us via our Contact Page if you have any questions.
Or check out our Frequently Asked Questions page.