Version valid from 24-02-2022
1. General 1.1 These general terms and conditions apply to all offers from Thecutestgift.nl. The conditions are accessible to everyone and included on the website of Thecutestgift.nl. We will send you a written copy on request. 1.2 By placing an order you indicate that you agree with the delivery and payment conditions. Thecutestgift.nl reserves the right to change its delivery and/or payment conditions after the expiry of the term.1.3 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Thecutestgift.nl.1.4 Thecutestgift. nl guarantees that the delivered product complies with the agreement and meets the specifications stated in the offer.1.5 If the customer has specified a desired delivery date when placing his order, TCG will send the order one day before the selected delivery date. Late delivery of the gift is not a reason for crediting the gift and/or delivery costs. The cutest gift cannot guarantee that it will actually be delivered the next day.
2. Delivery2.1 Delivery takes place as long as stocks last.2.2 Under the rules of distance selling, Thecutestgift.nl will execute orders within 30 days. If this is not possible (because the ordered item is out of stock or no longer available), or there is a delay for other reasons, or an order cannot or only partially be executed, the consumer will receive within 1 month after placing the order message and in that case he has the right to cancel the order without costs and notice of default.2.3 The delivery obligation of Thecutestgift.nl will, subject to proof to the contrary, be fulfilled as soon as the goods delivered by Thecutestgift.nl have been offered to the customer. In the case of home delivery, the carrier's report, containing the refusal of acceptance, serves as full proof of the offer of delivery.2.4 All terms stated on the website are indicative. No rights can therefore be derived from the aforementioned periods.
3. Prices3.1 Prices will not be increased within the term of the offer, unless legal measures make this necessary or if the manufacturer implements interim price increases.3.2 All prices on the site are subject to printing and typing errors. No liability is accepted for the consequences of printing and typing errors.3.3 All prices on the site are in EURO's and include 9% VAT food and 21% non food.
4. Sight period / right of withdrawal 4.1 In the case of a consumer purchase, in accordance with the Distance Selling Act (Article 7:5 of the Dutch Civil Code), the customer has the right (part of) the delivered goods within a period of 7 working days without notice for any reason to return. This period starts when the ordered goods are delivered. If the customer has not returned the delivered goods to Thecutestgift.nl after this period, the purchase is a fact. Before proceeding to return, the customer is obliged to notify Thecutestgift.nl in writing within the period of 7 working days after delivery. The customer must prove that the delivered goods have been returned on time, for example by means of proof of postal delivery . The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. If the goods have been used, encumbered or damaged in any way by the customer, the right to dissolution within the meaning of this paragraph will lapse. With due observance of the provisions of the previous sentence, Thecutestgift.nl will ensure that the full purchase price, including the calculated shipping costs, is refunded to the customer within 30 days after proper receipt of the return. The return of the delivered goods is entirely at the expense and risk of the customer. (mobile) network operators offered by Thecutestgift.nl. The general terms and conditions of the aforementioned network operators will apply to the latter services, where Thecutestgift.nl only acts as an intermediary or agent.4.3 The right of withdrawal does not apply to:
5. Data management 5.1 If you place an order with Thecutestgift.nl, your data will be included in the customer database of Thecutestgift.nl. Thecutestgift.nl complies with the Personal Records Act and will not provide your data to third parties. See our Privacy Policy.5.2 Thecutestgift.nl respects the privacy of the users of the internet site and ensures that your personal data is treated confidentially.5.3 Thecutestgift.nl sometimes uses a mailing list. Each mailing contains instructions to remove yourself from this list.
6. Warranty6.1 Thecutestgift.nl guarantees that the products it supplies meet the requirements of usability, reliability and lifespan as reasonably intended by the parties to the purchase agreement, and therefore guarantees the manufacturer's warranty of the product delivered to you. .6.2 The warranty period of Thecutestgift.nl corresponds to the factory warranty period. However, Thecutestgift.nl is never responsible for the ultimate suitability of the goods for each individual application by the customer, nor for any advice regarding the use or application of the goods.6.3 The customer is obliged to check the delivered goods immediately upon receipt. If it appears that the delivered item is wrong, defective or incomplete, the customer must immediately report these defects in writing to Thecutestgift.nl (before proceeding to return it to Thecutestgift.nl). Any defects or incorrectly delivered goods must and can be reported in writing to Thecutestgift.nl no later than 2 months after delivery. The goods must be returned in the original packaging (including accessories and associated documentation) and in new condition. Putting into use after discovery of a defect, damage caused after discovery of a defect, encumbrance and/or resale after discovery of a defect, does not invalidate this right to complain and return completely.6.4 If the customer's complaints are found to be well-founded by Thecutestgift.nl, Thecutestgift. nl at its discretion whether to replace the delivered goods free of charge or to make a written arrangement with the customer about compensation, on the understanding that the liability of Thecutestgift.nl and provided that the amount of compensation is always limited to a maximum of the invoice amount of the goods concerned, or (at the option of Thecutestgift.nl) up to the maximum amount covered in the relevant case by the liability insurance of Thecutestgift.nl. Any liability of Thecutestgift.nl for any other form of damage is excluded, including additional compensation in any form whatsoever, compensation for indirect damage or consequential damage or damage due to lost profit.6.5 Thecutestgift.nl is not liable for damage caused by intent or equivalent conscious recklessness of non-executive personnel.6.6 This warranty does not apply if: A) and as long as the customer is in default towards Thecutestgift.nl; B) the customer has repaired and/or processed the delivered goods himself or has had them repaired and/or processed by third parties. C) the delivered goods have been exposed to abnormal conditions or are otherwise carelessly handled or have been treated contrary to the instructions of Thecutestgift.nl and/or instructions for use on the packaging; D) the defectiveness is wholly or partly the result of regulations that the government has made or will make with regard to the nature or quality of the materials used;
7. Offers7.1 Offers are without obligation, unless stated otherwise in the offer.7.2 Upon acceptance of a non-binding offer by the buyer, Thecutestgift.nl reserves the right to revoke the offer within a period of 3 working days after receipt of that acceptance or to deviate from them.7.3 Verbal promises only bind Thecutestgift.nl after they have been expressly confirmed in writing.7.4 Offers from Thecutestgift.nl do not automatically apply to repeat orders.7.5 Thecutestgift.nl cannot be held to its offer if the customer had should understand that the offer, or any part thereof, contained an obvious mistake or clerical error.7.6 Additions, changes and/or further agreements are only effective if agreed in writing.
8. Agreement8.1 An agreement between Thecutestgift.nl and a customer is concluded after an order assignment has been assessed by Thecutestgift.nl for feasibility.8.2 Thecutestgift.nl reserves the right not to accept orders or assignments without stating reasons or only to be accepted under the condition that the shipment is made cash on delivery or after payment in advance.
9. Images and Specifications9.1 All images; photos, drawings, etc.; eg data regarding weights, dimensions, colours, images of labels, etc. on the internet site of Thecutestgift.nl, are only approximate, are indicative and cannot lead to compensation or dissolution of the agreement.
10. Force majeure 10.1 Thecutestgift.nl is not liable if and insofar as its obligations cannot be fulfilled as a result of force majeure. 10.2 Force majeure is understood to mean any strange cause, as well as any circumstance, which should not reasonably be at its risk. . Delay or non-performance by our suppliers, Internet failures, electricity failures, e-mail failures and failures or changes in technology provided by third parties, transportation difficulties, strikes, government action, delays in supply, negligence of suppliers and/ or manufacturers of Thecutestgift.nl as well as auxiliary persons, illness of personnel, defects in auxiliary or transport means expressly apply as force majeure. 10.3 Thecutestgift.nl reserves the right to suspend its obligations in the event of force majeure and is also entitled to terminate the agreement. to dissolve in whole or in part, or to demand that the content of the agreement is amended in such a way that execution remains possible. Under no circumstances is Thecutestgift.nl obliged to pay any fine or compensation. 10.4 If Thecutestgift.nl has already partially fulfilled its obligations at the commencement of the force majeure, or can only partially fulfill its obligations, it is entitled to to invoice the deliverable part separately and the customer is obliged to pay this invoice as if it concerned a separate contract. However, this does not apply if the part already delivered or to be delivered has no independent value.
11. Liability11.1 Thecutestgift.nl is not liable for damage to vehicles or other objects caused by incorrect use of the products. Before use, read the instructions on the packaging and/or consult our website.
12. Retention of title12.1 Ownership of all goods sold and delivered by Thecutestgift.nl to the customer remains with Thecutestgift.nl as long as the customer has not fulfilled the claims of Thecutestgift.nl under the agreement or previous or later similar agreements, as long as the customer has not yet fulfilled the work performed or yet to be performed under these or similar agreements and as long as the customer has not yet fulfilled the claims of Thecutestgift.nl due to failure to fulfill such obligations, including claims with regard to fines, interest and costs, all as referred to in article 3:92 of the Dutch Civil Code.12.2 The goods delivered by Thecutestgift.nl that fall under the retention of title may only be resold in the context of normal business operations and never be used as a means of payment. 12.3 The customer is not authorized to pledge the goods subject to retention of title nor h in any other way. 12.4 The customer already now gives unconditional and irrevocable permission to Thecutestgift.nl or a third party to be appointed by Thecutestgift.nl, in all cases in which Thecutestgift.nl wishes to exercise its property rights, to 12.5 If third parties seize the goods delivered under retention of title or wish to establish or assert rights thereon, the customer is obliged Thecutestgift.nl as soon as may reasonably be expected 12.6 The customer undertakes to insure the goods delivered subject to retention of title and to keep them insured against fire, explosion and water damage as well as against theft and to make the policy of this insurance available for inspection at Thecutestgift.nl on first request. .
13. Applicable law/competent court 13.1 Dutch law applies to all agreements. 13.2 Disputes arising from an agreement between Thecutestgift.nl and the buyer, which cannot be resolved by mutual agreement, will be taken by the competent court within the district Hoogeveen, unless Thecutestgift.nl prefers to submit the difference to the competent court of the buyer's place of residence, and with the exception of those disputes that fall within the competence of the subdistrict court.