General Terms and Conditions Little Creations
Effective as of September 1, 2020.
General Terms and Conditions Little Creations, located at 's Gravenweg 322, 2911 BK, Nieuwerkerk ad IJssel, registered with the Chamber of Commerce under number 86846159. VAT number: NL864112002B01
Article 1 Definitions
In these General Terms and Conditions, the following terms are used as defined below, unless explicitly stated otherwise.
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General Terms and Conditions: The general terms and conditions as outlined below.
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Little Creations: Little Creations, registered with the Chamber of Commerce under number 86846159.
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Distance Sale: The agreement between the Other Party and Little Creations, where in the framework of a system for distance selling organized by Little Creations, the agreement is concluded using one or more techniques for remote communication, such as a website, telephone, or other communication methods.
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Agreement: Any agreement concluded between Little Creations and the Other Party.
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Product(s): All items subject to the Agreement concluded between the Other Party and Little Creations.
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Other Party: The party who has accepted these General Terms and Conditions and has purchased the Product.
Article 2 Scope of Application
These General Terms and Conditions apply to every offer and agreement concluded between Little Creations and the Other Party unless explicitly and in writing deviated from by the parties.
If one or more provisions in these General Terms and Conditions are found to be invalid or voidable, the remaining provisions will remain in effect. In this case, Little Creations and the Other Party will consult with the aim of agreeing on new provisions to replace the invalid or voided ones.
Deviations from the Agreement and these General Terms and Conditions are only valid if explicitly and in writing agreed upon with Little Creations.
Article 3 Offers
Offers are made in writing and/or electronically, unless urgent circumstances make this impossible.
All offers from Little Creations are non-binding unless a term for acceptance is stated in the offer. If a term for acceptance is stated in the offer, the offer expires once this term has passed.
The offer is valid while stocks last.
Little Creations cannot be bound by its offers if the Other Party should reasonably have understood that the offer or part thereof contained an obvious mistake or typo.
If the acceptance deviates from the offer, whether on minor points or otherwise, Little Creations is not bound by the offer. The Agreement does not come into effect according to the deviating acceptance unless Little Creations indicates otherwise.
Offers do not automatically apply to future orders or reorders.
Article 4 Conclusion and Execution of Agreement
The Agreement is concluded by the timely acceptance by the Other Party of the offer from Little Creations, which is the placing of an order through the webshop.
Little Creations has the right to have the Agreement executed by third parties.
The Other Party provides all necessary information or instructions to Little Creations in a timely manner for the execution of the Agreement, or which the Other Party reasonably should understand to be necessary for the execution of the Agreement.
If the necessary information and instructions are not provided or not provided in time, Little Creations has the right to suspend the execution of the Agreement. The additional costs incurred due to the delay will be borne by the Other Party.
Article 5 Prices
The prices are stated in euros, including VAT and other government levies unless stated otherwise.
The prices are inclusive of packaging, delivery, or shipping costs, and administration costs, unless stated otherwise.
Little Creations will provide a timely breakdown of any additional costs or information so that the Other Party can calculate these costs before the conclusion of the Agreement.
Article 6 Price Changes
If Little Creations agrees on a fixed price with the Other Party when concluding the Agreement, Little Creations is entitled to increase the price, even when the price was originally given without reservation.
If Little Creations intends to change the price, it will notify the Other Party as soon as possible.
Article 7 Distance Sale
In case of Distance Sale, delivery must take place within thirty calendar days.
In case of Distance Sale, Little Creations has the right to require the Other Party to make an advance payment of up to 50% of the price.
In case of Distance Sale, the Other Party has the right to revoke the Agreement within fourteen calendar days after receiving the goods delivered by Little Creations, without stating a reason.
In case of Distance Sale, the Other Party has the right to revoke the Agreement after thirty calendar days if Little Creations has not delivered the Product within thirty calendar days, unless the parties have agreed on a different delivery term.
If Little Creations has not fulfilled its information obligations or has not provided the information in the correct form, the Other Party has the right to dissolve the Agreement within three months after receiving the goods delivered by Little Creations, without stating a reason. If Little Creations fulfills its information obligations within that three-month period, the fourteen-day period begins after it has fulfilled those obligations.
The Other Party can revoke the Agreement via the standard form for revocation provided by Little Creations or in another way chosen by the Other Party.
If the Other Party returns the goods, they must return the goods in proper packaging, with all delivered accessories and in original condition. The shipping costs for returning are at the expense and risk of the Other Party.
If the Other Party exercises its right of revocation, they must return the goods within fourteen calendar days.
If the Other Party exercises its right of revocation, Little Creations will refund the full amount paid, including the paid shipping costs, within fourteen calendar days after receiving the Products.
If the goods are not available, Little Creations will inform the Other Party as soon as possible and will refund the advance payment within fourteen calendar days. If Little Creations and the Other Party agree that a similar product of the same quality and price can be delivered, the shipping costs for the return will be borne by Little Creations. This only applies if the Other Party exercises the right of dissolution within the cooling-off period.
The provisions of this article do not apply if the Agreement relates to:
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Products whose price is linked to fluctuations in the financial market over which Little Creations has no influence, which occur within the cooling-off period;
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Sealed products that the Other Party has broken the seal of;
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Hygienic products whose seal the Other Party has broken;
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Products that have been delivered with the consent of the Other Party within the cooling-off period;
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Products that cannot be returned due to their nature;
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Products that spoil quickly or age rapidly;
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Personal products;
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Custom-made products.
Article 8 Delivery and Payment
Payment is made in advance via IDeal through the webshop at the time of purchase or delivery, unless otherwise agreed.
Delivery takes place when the goods are made available to the Other Party. After delivery, the risk of the goods is transferred to the Other Party. The delivery takes place at the address provided by the Other Party, unless otherwise agreed.
Article 9 Delivery Times
Delivery will take place within a term provided by Little Creations.
If a delivery term has been agreed or provided for the delivery of the Products, this term is only indicative and should never be considered as a fixed term.
If Little Creations requires data or instructions from the Other Party necessary for delivery, the delivery time starts after the Other Party has provided this to Little Creations.
If the delivery time is exceeded, the Other Party must give Little Creations written notice of default, allowing Little Creations a reasonable period to deliver the goods.
No notice of default is needed if delivery is permanently impossible or if it is clear that Little Creations will not fulfill its obligations under the Agreement. If Little Creations does not deliver within this term, the Other Party has the right to dissolve the Agreement without judicial intervention and/or claim damages.
Article 10 Risk Transfer
The Products ordered by the Other Party are for the account and risk of Little Creations until the time the goods are handed over to the Other Party.
The risk of loss, damage, or depreciation of the goods subject to the Agreement is transferred to the Other Party when the goods are handed over to the Other Party or to a third party designated by the Other Party.
Article 11 Force Majeure
A failure to perform is not attributable to Little Creations or the Other Party if the failure is not due to their fault, nor is it due to law, legal act, or commonly accepted views in the trade.
In this case, neither party is obliged to fulfill their obligations under the Agreement.
Force majeure includes all causes outside the control of Little Creations, whether foreseeable or not, that prevent Little Creations from fulfilling its obligations.
Such circumstances include, but are not limited to: strikes, fire, water damage, epidemics, pandemics, natural disasters, mobilization, war, traffic obstructions, blockades, government measures, delays in the supply of raw materials or machine parts, lack of labor, or other circumstances that obstruct normal business operations.
Article 12 Warranties
Little Creations guarantees that the delivered goods conform to the Agreement. Little Creations also guarantees that the delivered goods meet the usual requirements and standards reasonably expected and that the goods possess the necessary qualities for normal use.
The warranty lasts for six months, unless otherwise agreed or specified by the nature of the goods.
After the warranty period expires, all costs for replacement, including administration and shipping costs, will be charged to the Other Party.
Article 13 Examination and Complaints
The Other Party must examine the delivered goods at the time of delivery, but at least within three days after delivery, to ensure that the quality and quantity match the Agreement or comply with what is expected in normal trade.
Visible defects or shortages should be reported in writing to Little Creations within three days after delivery.
Non-visible defects should be reported to Little Creations within three days after discovery.
The warranty right expires if defects are not reported within the stipulated period.
Article 14 Liability
Little Creations is only liable for direct damages resulting from willful misconduct or gross negligence.
Little Creations is not liable for indirect damages such as consequential damage, lost profits, missed savings, or immaterial damages.
The products are intended for children aged three and older and are not suitable for children under three. Little Creations is not liable for damage caused by the use of the products by children under three.
If Little Creations is liable for any damage, the liability is limited to a maximum of three times the amount stated on the invoice or the amount covered by Little Creations' insurance, plus the deductible.
Article 15 Indemnity
The Other Party indemnifies Little Creations against any claims from third parties resulting from the execution of the Agreement that can be attributed to the Other Party.
Article 16 Statute of Limitations
All claims against Little Creations are subject to a one-year statute of limitations.
Article 17 Newsletter
The Other Party can subscribe to the newsletter. They will receive the latest news and updates.
Article 18 Modification of General Terms and Conditions
Little Creations has the right to modify these General Terms and Conditions unilaterally.
Article 19 Governing Law and Disputes
Dutch law applies to all legal relationships in which Little Creations is involved.
