General Terms and Conditions
(1) The following General Terms and Conditions (TERMS) apply to all – including future – sales, save as otherwise provided by a written agreement with the Customer.
(2) Our offer is directed exclusively at contractors. Documentary evidence of the contractor’s commercial activity must be provided.
(3) The Customer’s General Terms and Conditions shall not become an integral part of the contract, even without express objection by us, regardless of whether they contradict or merely supplement our TERMS. The Customer acknowledges these TERMS by placing an order or through acceptance of the delivered products. If the Customer does not agree to this handling, it must expressly draw attention to this immediately in a separate letter. In such circumstances, we reserve the right to withdraw our offer or delivered articles, without any claims of any nature being able to be asserted against us.
(4) We reserve the right to make changes contingent on technical development and design changes in technical details and descriptions of the delivery item in offers, prospectuses and other information.
(1) The illustration of our goods on the website does not constitute a binding offer to conclude a contract. In order to enable the full use our website, a customer account must be created first. In the course of this process, the data required by THE KID COLLECTOR SHOP (TKCS) for the support service will be requested.
We process your personal data in line with the General Data Protection Regulation.
(2) The transmission of your personal data by you shall take place voluntarily (Article 6 (1) sentence 1 lit. a GDPR).
(3) The collection, processing and storage of your personal data shall take place exclusively in order to handle and execute your purchase order (Art. 6 (1) sentence 1 lit. b GDPR). We will not disclose your data to third parties, unless this required in order to handle and execute your purchase order, in particular the delivery. If your data is no longer required for the implementation of the business relationship, this will be deleted again, unless a deletion is precluded by mandatory legal specifications, such as e.g. tax retention periods under tax law. In these cases, deletion will take place after expiry of the respective periods.
(4) You agree to the collection, storage and processing for the above-mentioned reasons. You may revoke your agreement with effect for the future at any time. The revocation must be sent to THE KID COLLECTOR SHOP (TKCS) , Hospitaalstraat 3, 9100 SINT-NIKLAAS (Belgium). After receipt of the revocation, your data will be deleted, unless deletion is precluded by legal specifications, such as e.g. tax retention periods. In these cases, the deletion will take place after expiry of the respective periods.
The registration process is only completed when the Customer registers with this data on THE KID COLLECTOR SHOP (TKCS) website for the first time. The password with which the Customer can access its personal area will be treated as strictly confidential and never disclosed to third parties. The Customer is responsible for taking suitable and adequate measures in order to prevent its passwords from being disclosed to third parties. A customer account may neither be transferred to another customer nor a third party.
(1) A contractual relationship with THE KID COLLECTOR SHOP (TKCS) is concluded through an individual agreement (offer and acceptance) or via the Internet shop.
(2) The Customer makes a binding offer by ordering via the Internet or through an individual agreement. We reserve the right to decide whether we accept the offer. Acceptance will take place via order confirmation or by sending the goods.
The contractual partner for the Sales contract is:
THE KID COLLECTOR SHOP - Hospitaalstraat 3 - 9100 SINT-NIKLAAS (Belgium)
The Customer has the possibility to place pre-orders for articles not yet currently on the market. Pre-orders are binding. Experience shows that the release date announced by the manufacturer can be brought forward or postponed. All articles pre-ordered from THE KID COLLECTOR SHOP (TKCS) must be sent to the Customer immediately after receipt of the delivery at THE KID COLLECTOR SHOP (TKCS) premises. Shortly before the ordered article is transferred to the transport company, the Customer will receive shipping confirmation by E-mail. A contract between the THE KID COLLECTOR SHOP (TKCS) and the Customer will be concluded through the shipment of the article.
(1) The scope of our delivery deadline in principle results exclusively from our order confirmation in writing or from the sending of the goods. Individual agreements with the Customer reached in a particular case shall have priority over these TERMS in any case. The content of such agreements shall be determined by a written contract or our confirmation in writing.
(2) The shipping period shall be in accordance with the availability of the goods.
(3) THE KID COLLECTOR SHOP (TKCS) is entitled to deliver in instalments if this is reasonable. For deliveries in instalments, however, the Customer shall not incur any additional shipping costs.
(4) Unless expressly agreed otherwise, the place of performance for all payment and other contractual obligations shall be THE KID COLLECTOR SHOP (TKCS) registered office. The place of performance for deliveries shall be the place of shipment. Unless a debt to be discharged at the creditor’s domicile was agreed, for all deliveries the transport risk shall be transferred to the Customer as soon as the goods have left the respective supplier’s works or THE KID COLLECTOR SHOP (TKCS) warehouse or have been transferred to a means of transport, including our own means of transport, a carrier or freight forwarder on the works or warehouse site, and namely regardless of who bears the freight costs.
(5) Should claims for transport damage or losses exceptionally nonetheless be lodged against us, the Customer may only assert these if it fulfils its statutory or contractual cooperation duties. This includes, in particular before payment of the freight, that it has arranged for the recording of proper notices of damage and/or losses on the freight documents and freight invoices and proper recording of minutes, and that it has notified such damage or losses to us or the transport firms within a limitation period of 72 hours after receipt of the goods at the place of destination or, if the goods are not received, after receipt of the notice of readiness for shipment and has kept the goods along with the packaging ready for our inspection.
(6) Unforeseen events, such as force majeure, delivery or transport delays or labour disputes discharge us for the duration of the duty to deliver in due time, unless we are responsible for these. Delivery deadlines shall be extended by the duration of the disturbance. We will notify the Customer of such a disturbance without undue delay. If the disturbance lasts longer than two months, both Parties may withdraw from the contract. The Customer may not lodge claims for damages in this regard.
(7) No delivery will be made to PO Box addresses.
In the case of a lack of availability for the above-mentioned reasons, THE KID COLLECTOR SHOP (TKCS) is entitled to withdraw from the Contract. THE KID COLLECTOR SHOP (TKCS) in this case undertakes to inform the Customer without undue delay about the lack of availability and reimburse it for any consideration already provided without undue delay.
(1) All prices are quoted plus statutory VAT. In addition, the costs for postage and packaging shall be incurred separately, unless collection by the Customer.
(2) Payments must be made through bank transfer according to the individual payment terms and are considered to be made upon receipt of payment.
(3) If it becomes evident after the conclusion of the contract that our payment claim is jeopardised through the Customer’s inability to perform, we shall be entitled to refuse the delivery until the Customer provides consideration or a collateral is provided for it. If we have set an appropriate period for this purpose without result, we shall be entitled to withdraw from the contract.
(4) THE KID COLLECTOR SHOP (TKCS) reserves the right to grant the Customer a cash discount for payment within 10 days after receipt of the bill, but is not obliged to. In addition, THE KID COLLECTOR SHOP (TKCS) reserves the right to grant a sales discount for longer periods of payment in particular cases, but is not obliged to. A sales discount agreement shall be agreed in writing, in consultation with the Customer.
(5) Unless agreed otherwise regarding the due date, the Customer shall be considered to be in default of payment if the payment is not received by THE KID COLLECTOR SHOP (TKCS) within two weeks after the billing date. In case of default of payment, interest in the amount of 9 percentage points above the European Central Bank’s base interest rate shall be charged. If the Customer is currently in default of payment, THE KID COLLECTOR SHOP (TKCS)reserves the right to bill for dunning charges in the amount of € 2.50. This is without prejudice to the right to assert further damage. The Customer is entitled to provide documentary evidence that THE KID COLLECTOR SHOP (TKCS) has not incurred any or has incurred less serious damage.
(1) The Customer must inspect each delivery carefully and completely immediately after receipt. Recognisable defects or shortages during the inspection must be notified in writing within 72 hours after receipt of the goods. Otherwise, the entire delivery will be considered as approved in this respect. If a defect that was not recognisable during the initial inspection becomes evident later, the Customer must inform us in writing without undue delay. In particular, the deficiency asserted must be described in detail and in particular it must be notified in what manner and under what circumstances this deficiency has occurred.
(2) In the event of defects, we may remedy the defect or deliver a replacement, at our choice. We are liable in accordance with this clause as well as in other respects with the statutory regulations within a period of 12 months, starting with the delivery, for the freedom from defects of the goods at the time of the transfer of the risk. We are entitled to make the supplementary performance conditional on the Customer paying the purchase price due. However, the Customer is entitled to retain a portion of the purchase price commensurate with the defect.
(3) We are not liable in the case of deficiencies that are not caused by a defect, but by improper handling, upkeep, or through the deployment of unqualified personnel on the part of the Customer. This shall apply accordingly if a deficiency due to natural wear and tear occurs.
(4) For the shipment of the goods notified as being defective, the Customer must send back the documents (order confirmation, delivery note, bill and similar) under which its entitlement to assert a warranty claim arises. The Customer must send the goods notified as being defective back to us in their original packaging or, should this no longer be available, in equally secure packaging.
In all cases, the Customer shall bear the transport risk for goods sent and returned to us. However, we will bear the transport costs arising for goods sent and returned to us as a result of a justified notice of defects.
(5) In the event of the Customer’s unjustified cancellation of the contract, we are entitled to request 25% of the gross order value as lump sum damages (damages in lieu of performance). The Customer reserves the right to provide documentary evidence that no or less damage has arisen.
(1) Our liability – for any legal reason whatever – is restricted to damage that we or our legal representatives or vicarious agents have brought about intentionally, with gross negligence or with inadvertent negligence in the event of a breach of obligations material to the fulfilment of the contractual purpose, i.e. obligations whose fulfilment enables proper implementation of the contract in the first place and the observance of which the contracting party regularly trusts and is entitled to expect.
(2) In cases of inadvertent breach of material contractual obligations, our liability shall be restricted in terms of its amount to the typical damage in the case of comparable transactions of this kind that were foreseeable upon the conclusion of the contract or no later than at the time of committing the breach of the obligation.
(3) Otherwise, the statutory regulations shall apply.
Unless expressly agreed otherwise, the contractual language shall be in Dutch.
The law of Belgium shall apply to the exclusion of UN Sales Law.
The EU Commission offers the possibility to resolve disputes online on an online platform it operates. This platform may be accessed under https://webgate.ec.europa.eu/odr/. We are neither obliged nor prepared to participate in a dispute resolution procedure before an arbitration board.
The exclusive – including international – venue for all disputes directly or indirectly arising from the contractual relationship shall be our registered office in Essen, Germany. However, we are also entitled to bring an action at the Customer’s general place of jurisdiction.
Should individual provisions of these General Terms and Conditions be or become invalid, in whole or in part, this shall not affect the validity of the other provisions. Cancelled provisions must be replaced by others that are legally valid and approximate as closely as possible to the economic objective of the invalid clause.
Our Customer’s rights under the contract are not transferable.
The set-off against counterclaims other than those that are undisputed or are confirmed by final court decision is not permitted. Our Customer is only entitled to assert a right of retention based on undisputed claims or claims confirmed by final court decisions. In the event of defects of the delivery, the Customer’s reciprocal rights shall remain unaffected.