These General Terms and Conditions ("Terms and Conditions") are applicable to any use of the website www.newkidswebshop.com ("Website"), to any services available on the Website and to any and all offers, orders and agreements connected therewith ("Services").
Article 1 - General
You acknowledge and guarantee that by using the services you have reached the age of 18 years.
1. You agree to duly comply with all instructions stated on the site by, among other things, providing true, accurate, current and complete information about yourself.
2. You agree to update information about yourself within ten (10) days of any changes.
Article 2 - No unlawful or prohibited use
Article 3 - Restriction/termination
Article 4 - Account
You will receive a password and account designation upon completing the registration form on the site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Newkidswebshop.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Newkidswebshop.com can not and will not be liable for any loss or damage arising from your failure to comply with this article. You hereby agree to indemnify and hold harmless Newkidswebshop.com against any and all claims which might be incurred as a consequence of any use or abuse by any unauthorized person of your password or account.
Article 5 - Offers/ Agreement
All offers made by Newkidswebshop.com are without commitment until you have received the acknowledge of acceptance from Newkidswebshop.com, by which the agreement is concluded. You are aware of the technical steps leading to the conclusion of the agreement, whether the agreement shall be archived and is accessible, and the languages in which the agreement can be drawn up. Newkidswebshop.com is not obliged to supply information to you with respect to the above prior to the conclusion of the agreement.
Article 6 - Delivery and shipping info
For information about shipping costs and times of delivery, please visit our shipping info page. In any event the time of delivery has a maximum of thirty days. In case Newkidswebshop.com is not able to deliver the product(s) within thirty days, Newkidswebshop.com shall inform you immediately in writing (e-mail, fax or letter) in which case you are entitled to terminate the agreement by notifying such in writing (e-mail, fax or letter) to Newkidswebshop.com. We shall refund any money paid to you within thirty days, without incurring any other or further liability.
Article 7 - Risk during Transportation
During the transportation of the product(s) Newkidswebshop.com will carry the risk of damage, theft or loss. At the moment of delivery of the product(s) the risk passes to you.
Article 8 - Cooling-off period
After receiving the products, you are entitled to terminate the agreement within seven days provided that the products are still factory sealed. You have to inform Newkidswebshop.com via e-mail and have to return the products immediately. You bare the risk during this transportation. In the event payments have already been made, Newkidswebshop.com shall, after receiving the products concerned, refund the money of this agreement to you within thirty days. Your postage costs for returning the products will not be refunded.
Article 9 - Warranty
1. Complaints with respect to the delivered products will only be handled if returned to Newkidswebshop.com within 30 days of delivery of the products, with a detailed description of the nature and extent of the concerning defect. After this period has expired, the delivered products are deemed to have been found satisfactory and the delivery has been unconditionally accepted.
2. If Newkidswebshop.com is of the opinion that a complaint is justified, it is obliged only to deliver replacement products as soon as possible without you being entitled to compensation for any damages. The costs of both return consignments, repair and/or replacement will be paid by Newkidswebshop.com.
3. The warranty referred to in this article will not be applicable in the event that the defect has been fully or partially caused by any incorrect, improper, careless or incompetent use and/or if you have made any modifications to the products.
Article 10 - Liability
1. Newkidswebshop.com's liability is limited to the warranty stated in article
2. Without prejudice to article 10 section 1, Newkidswebshop.com will not be liable in the event that the defect has been fully or partially caused by any incorrect, improper, careless or incompetent use and/or if you have made any modifications to the products.
3. You hereby agree to indemnify and hold harmless Newkidswebshop.com, its subsidiaries, affiliates, directors, agents or any other party involved in creating, producing, or delivering of the website or the services against any and all claims of third parties due to or arising out of your use of the services and/or your violation of the Terms and Conditions.
Article 11 - Evidence
The administration of Newkidswebshop.com counts as, unless the contrary is proven, conclusive evidence of the orders which are given by you, your payments to Newkidswebshop.com and the services. You acknowledge that electronic communication can be used in evidence.
Article 12 - Customs
Newkidswebshop.com can not guarantee that customs will not confiscate the products ordered by you. If such is the case Newkidswebshop.com will not refund any payments to you.
Article 13 - Payment
1. For information about shipping costs and time of delivery, please visit our Check Out page.
2. In the event of non-payment for whatever reason, you will automatically be in default and will owe the legal interest on the total amount invoiced from the date due and all expenses of the collection of payments incurred by Newkidswebshop.com.
Article 14 - Miscellaneous
1. Newkidswebshop.com reserves the right to modify these Terms and Conditions at any time. Such modifications shall be effective immediately upon posting of the modified Terms and Conditions.
2. These Terms constitute the entire agreement of the parties and supersede any and all prior and contemporaneous agreements of the parties relating to the subject matter. If any provision of these Terms is determined to be invalid or unenforceable, then such invalidity or unenforceability shall not have any effect on any other provision of these Terms, all of which shall remain in full force and effect.
3. These Terms are governed by the laws of the Netherlands. The district court in