Terms of service

This website is operated by Playbino.nl. Throughout the site, the terms “we”, “us”, “our” and “entrepreneur” refer to Playbino.nl. Playbino.nl offers this website, including all information, tools and services available on this site, to you, the user, on the condition that you accept all terms, policies and notices stated here.

By visiting our site and/or purchasing something from us, you agree to our “Service” and you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the site, including but not limited to users who are browsers, suppliers, customers, sellers and/or contributors of content.

Please read these Terms of Service carefully before visiting or using our website. By visiting or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms of this agreement, you may not access the website and may not use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store are also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website after the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in the state or province where you reside, or that you are the age of majority in the state or province where you reside and that you have given us your consent to allow any of your minor family members to use this site.

You may not use our products for any illegal or unauthorized purpose, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and (a) may involve transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

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 is not acting in the exercise of a profession or business and enters into a distance contract with the entrepreneur;

Day: calendar day;

Extended-duration transaction: a distance contract relating to a series of products and/or services, the delivery and/or purchase obligation of which is spread over time;

Durable data carrier: any means that enables the consumer or entrepreneur to store information addressed to them personally in a way that makes future consultation and unaltered reproduction of the stored information possible.

Right of withdrawal: the possibility for the consumer to waive the distance contract within the cooling-off period;

Entrepreneur: the natural or legal person who offers products and/or services to consumers at a distance;

Distance contract: a contract whereby, within the framework of a system organized by the entrepreneur for the distance selling of products and/or services, up to and including the conclusion of the contract, exclusive use is made of one or more techniques for distance communication;

Technique for distance communication: a means that can be used for concluding a contract, without the consumer and entrepreneur being together in the same room at the same time.

Terms and Conditions: the present Terms and Conditions of the entrepreneur.

Article 2 - Identity of the entrepreneur

Playbino, part of RHDM, established at Rendementsweg 20A, 3641SL Mijdrecht; Email address: help@playbino.nl; Chamber of Commerce (KvK) number: 85730467; VAT identification number: NL004136999B47.

Article 3 - Applicability

These terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders concluded between the entrepreneur and consumer.

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

If the distance contract is concluded electronically, then, in deviation from the previous paragraph and before the distance contract is concluded, the text of these terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, it will be indicated, before the distance contract is concluded, where the terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the consumer’s request.

In the event that, in addition to these general terms and conditions, specific product or service conditions also apply, the second and third paragraphs apply mutatis mutandis, and in the event of conflicting terms and conditions the consumer can always invoke the applicable provision that is most favorable to them.

If one or more provisions in these general terms and conditions are at any time wholly or partially null and void or annulled, then the contract and these terms and conditions will otherwise remain in force, and the relevant provision will be replaced without delay, by mutual agreement, by a provision that approximates the purport of the original as closely as possible.

Situations that are not regulated in these general terms and conditions must be assessed ‘in the spirit’ of these general terms and conditions.

Ambiguities regarding the interpretation or content of one or more provisions of our terms and conditions must be interpreted ‘in the spirit’ of these general terms and conditions.

Article 4 - The offer

1. If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
2. The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
3. The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable a proper assessment of the offer by the consumer.
4. If the entrepreneur uses images, these are a truthful representation of the products and/or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur. All images and specifications in the offer are indicative and cannot give rise to compensation or dissolution of the contract.
5. The entrepreneur cannot guarantee that the colors displayed on the consumer’s screen exactly match the real colors of the products.
6. Each offer contains such information that it is clear to the consumer what the rights and obligations are that are attached to accepting the offer. This concerns in particular:
   1. The consumer is regarded as the official importer for orders that are shipped directly from a country outside the EU (such as China). Any additional costs such as import VAT, import duties and customs clearance costs are entirely for the account and risk of the consumer. The postal or courier service will collect these costs from the recipient of the goods upon delivery;
   2. Any shipping costs;
   3. The manner in which the contract will be concluded and which actions are required for this;
   4. Whether or not the right of withdrawal applies;
   5. The method of payment, delivery and execution of the contract;
   6. The period for accepting the offer, or the period within which the entrepreneur guarantees the price;
   7. The rate for distance communication if the costs of this differ from the regular basic rate;
   8. The way in which the consumer can, before concluding the contract, check the data they have provided and, if desired, correct it;
   9. Any other languages in which the contract can be concluded;
   10. The minimum duration of the contract in the case of an extended-duration transaction;
   11. Optional information about available sizes, colors and materials.

Article 5 - The contract

The contract is concluded, subject to the provisions of paragraph 4, at the moment the consumer accepts the offer and satisfies the conditions set therewith.

If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of the acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can dissolve the contract.

If the contract is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures for this purpose.

The entrepreneur may – within legal frameworks – inform themselves as to whether the consumer can meet their payment obligations, as well as of all those facts and factors that are important for a responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the contract, they are entitled to refuse an order or request, stating reasons, or to attach special conditions to its execution.

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

1. the visiting address of the entrepreneur’s establishment where the consumer can go with complaints;
2. the conditions under which and the manner in which the consumer can exercise the right of withdrawal, or a clear statement regarding the exclusion of the right of withdrawal;
3. the information about guarantees and existing after-sales service;
4. the data included in Article 4 paragraph 3 of these terms and conditions, unless the entrepreneur has already provided this data to the consumer before the execution of the contract;
5. the requirements for terminating the contract if the contract has a duration of more than one year or is of indefinite duration.

In the case of an extended-duration transaction, the provision in the previous paragraph applies only to the first delivery.

Every contract is entered into under the suspensive conditions of sufficient availability of the relevant products.

Article 6 - Right of withdrawal

When purchasing products, the consumer has the option to dissolve the contract without giving reasons for 30 days. This cooling-off period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and made known to the entrepreneur.

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 wish to keep the product. If they exercise their right of withdrawal, they will return the product with all delivered accessories and – if reasonably possible – in the original condition and packaging to the entrepreneur, in accordance with the reasonable and clear instructions provided by the entrepreneur.

When the consumer wishes to exercise their right of withdrawal, they are obliged to make this known to the entrepreneur within 30 days after receipt of the product. The consumer must make this known by means of a written message/email. After the consumer has made it known that they wish to exercise their right of withdrawal, the customer must return the product within 30 days. The consumer must prove that the delivered goods were returned in time, for example by means of a proof of shipment.

For instructions regarding exchanges and returns, you can follow the steps as set out on our exchange and returns page. Here you will find detailed information about the steps to follow and the return address.

If the customer has not made it known, after the expiry of the periods referred to in paragraphs 2 and 3, that they wish to exercise their right of withdrawal, or has not returned the product to the entrepreneur, the purchase is a fact.

Article 7 - Costs in the event of withdrawal

If the consumer exercises their right of withdrawal, the costs of returning the products are for the account of the consumer.

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

Article 8 - Exclusion of the right of withdrawal

The entrepreneur can exclude the consumer’s right of withdrawal for products as described in paragraphs 2 and 3. The exclusion of the right of withdrawal applies only if the entrepreneur has stated this in the offer, or at least in good time before the conclusion of the contract.

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

1. that have been produced by the entrepreneur in accordance with the consumer’s specifications;
2. that are clearly personal in nature;
3. that by their nature cannot be returned;
4. that can spoil or age quickly;
5. whose price is tied to fluctuations in the financial market over which the entrepreneur has no influence;
6. for individual newspapers and magazines;
7. for audio and video recordings and computer software of which the consumer has broken the seal.
8. for hygienic products of which the consumer has broken the seal.

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

1. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
2. of which the delivery has begun with the express consent of the consumer before the cooling-off period has expired;
3. concerning bets and lotteries.

Article 9 - The price

1. The prices of the products and services offered on the website are inclusive of VAT, unless expressly stated otherwise.
2. During the period of validity stated in the offer, the prices of the products and/or services offered will not be increased, except for price changes as a result of changes in VAT rates.
3. In deviation from the previous paragraph, the entrepreneur may offer products or services whose prices are tied to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This link to fluctuations and the fact that any stated prices are target prices will be stated in the offer.
4. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legal regulations or provisions.
5. Price increases from 3 months after the conclusion of the contract are only permitted if the entrepreneur has stipulated this and:
   1. they are the result of legal regulations or provisions; or
   2. the consumer has the authority to terminate the contract with effect from the day on which the price increase takes effect.
6. All prices are subject to printing and typesetting errors. No liability is accepted for the consequences of printing and typesetting errors. In the event of printing and typesetting errors, the entrepreneur is not obliged to deliver the product according to the incorrect price.

Article 10 - Conformity and Warranty

The entrepreneur guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usability, and the legal provisions and/or government regulations existing on the date the contract was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for use other than normal use.

A warranty provided by the entrepreneur, manufacturer or importer does not affect the legal rights and claims that the consumer can assert against the entrepreneur on the basis of the contract.

Any defects or incorrectly delivered products must be reported in writing to the entrepreneur within 30 days after delivery. The products must be returned in their original packaging and in as-new condition.

The entrepreneur’s warranty period corresponds to the manufacturer’s warranty period. However, the entrepreneur is never responsible for the ultimate suitability of the products for each 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 has had them repaired and/or modified by third parties;

The delivered products have been exposed to abnormal conditions or are otherwise handled carelessly or contrary to the entrepreneur’s instructions and/or have been handled contrary to the instructions on the packaging;

The unsoundness is wholly or partly the result of regulations that the government has imposed or will impose regarding the nature or quality of the materials used.

Article 11 - Delivery and execution

1. The entrepreneur will exercise the greatest possible care when receiving and executing orders for products.
2. The consumer acknowledges that, at the consumer’s request, the products are shipped directly by the supplier from a third country (such as China) to the address specified by the consumer. The entrepreneur does not carry out any import of the goods into the Netherlands or the EU themselves; the shipment is arranged directly by the supplier in the third country.
3. The place of delivery is the address that the consumer has made known to the entrepreneur.
4. With due observance of what is stated about this in these general terms and conditions, the entrepreneur strives to execute accepted orders within the indicative period stated on the website (7-12 days), with a maximum period of 30 days, unless the consumer has agreed to a longer delivery period.
5. The consumer acknowledges that, when shipping from a third country, unforeseen delays or additional costs (such as customs costs or import duties) may occur upon import of the goods. These risks and costs are entirely for the account of the consumer. The entrepreneur is not liable for delays caused by customs handling.
6. If the delivery (apart from customs delays) is delayed, or if an order cannot be executed or can only be executed partially, the consumer will be informed of this no later than 30 days after the order was placed. In that case, the consumer has the right to dissolve the contract free of charge and is entitled to any compensation.
7. In the event of dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount the consumer has paid as soon as possible, but no later than within 14 days after dissolution.
8. If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement item available. At the latest upon delivery, it will be reported in a clear and comprehensible manner that a replacement item is being delivered. For replacement items, the right of withdrawal cannot be excluded. The costs of any return shipment are for the account of the consumer.
9. The risk of damage and/or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 12 - Extended-duration transactions: duration, termination and renewal

Termination

The consumer can terminate at any time a contract that has been entered into for an indefinite period and that concerns the regular delivery of products (including electricity) or services, with due observance of the termination rules agreed for that purpose and a notice period of no more than one month.

The consumer can terminate at any time, against the end of the fixed term, a contract that has been entered into for a fixed period and that concerns the regular delivery of products (including electricity) or services, with due observance of the termination rules agreed for that purpose and a notice period of no more than one month.

The consumer can, with regard to the contracts referred to in the previous paragraphs:

terminate them at any time and not be limited to termination at a specific time or in a specific period;

at least terminate them in the same manner as they were entered into by them;

always terminate them with the same notice period as the entrepreneur has stipulated for themselves.

Renewal

A contract that has been entered into for a fixed period and that concerns the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.

In deviation from the previous paragraph, a contract that has been entered into for a fixed period and that concerns the regular delivery of daily, news and weekly newspapers and magazines may be tacitly extended for a fixed period of no more than three months, if the consumer can terminate this extended contract against the end of the extension with a notice period of no more than one month.

A contract that has been entered into for a fixed period and that concerns the regular delivery of products or services may only be tacitly extended for an indefinite period if the consumer may terminate at any time with a notice period of no more than one month and a notice period of no more than three months in the event that the contract concerns the regular, but less than once per month, delivery of daily, news and weekly newspapers and magazines.

A contract with a limited duration for the regular introductory delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly continued and ends automatically after the end of the trial or introductory period.

Duration

If a contract has a duration of more than one year, the consumer may, after one year, terminate the contract at any time with a notice period of no more than one month, unless reasonableness and fairness oppose termination before the end of the agreed duration.

Article 13 - Payment

Insofar as not agreed otherwise, the amounts owed by the consumer must be paid within 7 working days after the commencement of the cooling-off period as referred to in Article 6 paragraph 1. In the case of a contract to provide a service, this period commences after the consumer has received confirmation of the contract.

The consumer has the duty to report inaccuracies in provided or stated payment details to the entrepreneur without delay.

In the event of non-payment by the consumer, the entrepreneur has the right, subject to legal restrictions, to charge the reasonable costs made known to the consumer in advance.

Article 14 - Complaints procedure

Complaints about the execution of the contract must be submitted to the entrepreneur, fully and clearly described, within 7 days after the consumer has discovered the defects.

Complaints submitted to the entrepreneur are answered within a period of 30 days calculated from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within the period of 30 days with an acknowledgment of receipt and an indication of when the consumer can expect a more detailed answer.

If the complaint cannot be resolved by mutual agreement, a dispute arises that is subject to the dispute resolution procedure.

A complaint does not suspend the entrepreneur’s obligations, unless the entrepreneur indicates 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

Contracts between the entrepreneur and the consumer to which these general terms and conditions relate are governed exclusively by Dutch law. This also applies if the consumer resides abroad.