These general terms and conditions apply to www.mysexdollshop.com
You can find our privacy statement here.
Table of contents:
Article 1 – Definitions
Article 2 – Identity of the entrepreneur
Article 3 – Applicability
Article 4 – The offer
Article5 – The agreement
Article6 – Right of withdrawal
Article 7 – Costs in case of withdrawal
Article 8 – Exclusion of right of withdrawal
Article 9 – The price
Article 10 – Compliance and warranty
Article 11 – Delivery and implementation
Article 12 – Payment
Article 13 – Complaints procedure
Article 14 – Disputes
Article 15 – Additional or different stipulations
Article 1 – Definitions
In these conditions the following terms have the following meanings:
Reflection period: the period within which the consumer can exercise his right of withdrawal;
Consumer: the natural person who does not act in the exercise of a profession or business and who enters into a distance contract with the entrepreneur;
Day: calendar day;
Duration transaction: a distance contract with regard 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 that is addressed to him personally in a way that allows future consultation and unaltered reproduction of the stored information.
Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the cooling-off period;
Model form: the model withdrawal form that the entrepreneur makes available that a consumer can fill in when he wants to use his right of withdrawal.
Entrepreneur: the natural or legal person who offers products and / or services to consumers at a distance;
Distance agreement: an agreement in which, within the framework of a system for distance selling of products and / or services organized by the entrepreneur, up to and including the conclusion of the agreement, only one or more techniques for distance communication are used;
Technology for distance communication: means that can be used for the conclusion of an agreement, without the consumer and entrepreneur having come together in the same space at the same time.
Article 2 – Identity of the company
www.mysexdollshop.com
Visiting address: Suderheide 2A, 9203 TJ Drachten, The Netherlands
Postal address: Het Zuid 31, 9203 TB Drachten, The Netherlands
Phone: +31512-358370 or +316-43818430
Opening hours: 7 days a week from 9:00 am to 10:00 pm. *By appointment
E-mailaddress: info@mysexdollshop.com
Chamber of Commerce No.: 73439754
VAT: NL001435299B66
Bank: NL21KNAB0258229241
Article 3 – Applicability
These general terms and conditions apply to every offer from the entrepreneur and to every distance contract and orders between entrepreneur and consumer.
Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, before the distance contract is concluded, it will be indicated that the general terms and conditions can be viewed by the entrepreneur and they will be sent free of charge at the request of the consumer.
If the distance contract is concluded electronically, notwithstanding the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can can be easily stored on a durable data carrier. If this is not reasonably possible, before the distance contract is concluded, it will be indicated where the general terms and conditions can be consulted electronically and that they will be sent free of charge electronically or otherwise at the request of the consumer.
In the event that specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs apply mutatis mutandis and the consumer can always invoke the applicable provision that is most favorable to him in the event of conflicting general terms and conditions. is.
If one or more provisions in these general terms and conditions are in whole or in part void or destroyed at any time, the agreement and these terms and conditions will continue to apply and the provision in question will immediately be replaced by a provision that, in consultation, from the original as close as possible.
Situations not covered by these terms and conditions should be assessed “in the spirit” of these terms and conditions.
Uncertainties about the explanation or content of one or more provisions of our terms and conditions should be explained “in the spirit” of these terms and conditions.
Article 4 – The offer
If an offer has a limited period of validity or is made subject to conditions, this will be explicitly stated in the offer.
The offer is without obligation. The entrepreneur is entitled to change and adjust the offer.
The offer contains a complete and accurate description of the products and / or services offered. The description is sufficiently detailed to allow a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a true representation of the products and / or services offered. Obvious mistakes or obvious errors in the offer do not bind the entrepreneur.
All images, specifications and data in the offer are indicative and cannot give rise to compensation or dissolution of the agreement.
Pictures with products are a true representation of the products offered. The entrepreneur cannot guarantee that the colors displayed exactly match the real colors of the products.
Each offer contains such information that it is clear to the consumer what rights and obligations are attached to the acceptance of the offer. This concerns in particular:
the price including taxes;
the way in which the agreement will be concluded and which actions are required for this;
whether or not the right of withdrawal applies;
the method of payment, delivery and implementation of the agreement;
the period for accepting the offer, or the period within which the entrepreneur guarantees the price;
the level of the rate for distance communication if the costs of using the technique for distance communication are calculated on a basis other than the regular basic rate for the means of communication used;
whether the contract is filed after conclusion, and if so, how it can be consulted by the consumer;
the way in which the consumer, before concluding the contract, can check the data provided by him under the contract and repair it if desired;
any other languages in which, in addition to Dutch, the contract can be concluded;
the codes of conduct to which the entrepreneur is subject and the way in which the consumer can consult these codes of conduct electronically; and
the minimum duration of the distance contract in the event of an extended transaction.
Article 5 – The agreement
The agreement is concluded, subject to the provisions of paragraph 4, when the consumer accepts the offer and meets the corresponding conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of 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 agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to protect the electronic transfer of data and he will ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will observe appropriate security measures.
The entrepreneur can – within legal frameworks – inform whether the consumer can meet his payment obligations, as well as 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 reasons not to enter into the agreement, he is entitled to refuse an order or request, stating reasons, or to attach special conditions to the execution.
The entrepreneur will send the following information 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 medium:
a. the visiting address of the establishment of the entrepreneur where the consumer can go with complaints;
b. 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;
c. information about guarantees and existing after-sales service;
d. the information included in article 4 paragraph 3 of these conditions, unless the entrepreneur has already provided this information to the consumer before the execution of the agreement;
e. the requirements for terminating the agreement if the agreement has a duration of more than one year or is indefinite.
In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.
Each agreement is entered into under the suspensive conditions of sufficient availability of the products in question.
Article 6 – Right of withdrawal
When purchasing products, the consumer has the option to dissolve the contract without giving any reason during 14 days. This reflection period commences on the day after receipt of the product by the consumer or a representative designated in advance by the consumer and announced to the entrepreneur.
During the reflection period, the consumer will handle the product and packaging with care. He will only unpack or use the product to the extent necessary to assess whether he wishes to keep the product. If he makes use of his right of withdrawal, he will return the product with all 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.
If the consumer wishes to make use of his right of withdrawal, he is obliged to make this known to the entrepreneur within 14 days after receipt of the product. The consumer must make this known using the model form. After the consumer has made known that he wants to make use of his right of withdrawal, the customer must return the product within 14 days. The consumer must prove that the delivered goods have been returned on time, for example by means of a proof of shipment.
If the customer has not made known that he wishes to make use of his right of withdrawal, respectively, after the periods referred to in paragraphs 2 and 3 have expired. the product has not been returned to the entrepreneur, the purchase is a fact.
If you buy something remotely, you don’t go to a real store. You then buy something via the internet, social media, telephone, or fax. Or you buy something via an order form from a catalog. When you buy remotely, you and the entrepreneur are never near each other.
Do you buy a product remotely? The law states that you will have a reflection period of fourteen days. You can view the product at home. Then you can consider whether the product is really what you want. You don’t want the product anyway? Then you can get the money back. You must let us know during the reflection period that you want to get rid of the sale. This cooling-off period is also known as trial period. You must return the product
When is it a distance purchase?
The government has made special rules about distance buying. That is why it is important to know well when a purchase is a distance purchase and when it is not.
Below are examples of distance buying:
You buy products or services online. For example via a web shop or a social media page.
Sometimes a regular store also sells via a web store or a social media page. You buy the product online and you don’t meet an entrepreneur.
You buy something through a mail order company.
You order something with an order form from a newspaper or magazine. There are regular advertisements in newspapers or magazines for this product.
You order something by fax. You sometimes receive offers by fax.
You order something over the phone. There are regular commercials for this way of ordering.
You will be called to ask if you want to buy something. This is telemarketing.
The following situations are not covered by the distance buying rules:
You look up an entrepreneur in the telephone book. You order something from this entrepreneur over the phone.
You buy a registered property remotely. This is a house, land or a specific ship.
For example, you buy cans, cigarettes or a train ticket from a vending machine. Or you can get a snack out of the wall.
You order a renovation by telephone
Which products do not give you a cooling-off period?
Do you buy any of the following products remotely? Then you do not get a reflection period:
travel, transportation, accommodation or other leisure activities.
time-bound products, such as individual magazines or newspapers; Note: do you subscribe to a magazine or newspaper? Then you have a reflection period.
products that you can make special, for example a tailor-made suit, printed matter, a photo album or jewelery to your own design.
products that can spoil quickly, such as food or flowers.
hygiene products that are sealed
The entrepreneur can no longer sell some products if you take them out of the packaging and try them. Because it is not hygienic. For example, a toothbrush or a razor also includes sex articles. Has the entrepreneur sealed the packaging of such a product? And did you break the seal? Then you no longer have a reflection period.
You also do not have a reflection period for articles that have been specially adapted for you, you should think of adjustments to sex dolls. All sex dolls come standard with brown eyes, if you want a different eye color, we adjust this for you for free. The sex doll is then adjusted to your liking. Ordering a loose vagina and standing foot also fall under adjustments.
Article 7 – Costs in case of withdrawal
If the consumer makes use of his right of withdrawal, the costs of return shipping will be borne by the customer.
If the consumer has paid an amount, the entrepreneur will refund this amount as soon as possible, but no later than 14 days after cancellation. This is subject to the condition that the product has already been received back by the online retailer or conclusive proof of complete return can be submitted.
Article 8 – Exclusion of right of withdrawal
The entrepreneur can exclude the right of withdrawal of the consumer for products as described in paragraphs 1, 2 and 3. The exclusion of the right of withdrawal only applies if the entrepreneur has clearly stated this in the offer, at least in time for the conclusion of the agreement.
Exclusion of the right of withdrawal is only possible for products:
a. that have been created by the entrepreneur in accordance with the consumer’s specifications. This applies, for example, to lifelike sex dolls, available at www.mysexdollshop.com
b. which are clearly personal in nature. This applies, for example, to lifelike sex dolls, available at www.mysexdollshop.com
c. which cannot be returned due to their nature;
d. that can spoil or age quickly;
e. the price of which is subject to fluctuations in the financial market over which the entrepreneur has no influence;
f. for individual newspapers and magazines;
g. for audio and video recordings and computer software of which the consumer has broken the seal.
h. for hygienic products of which the consumer has broken the seal. This applies to all sex toys where the plastic packaging and casing has been opened / opened.
Exclusion of the right of withdrawal is only possible for services:
a. concerning accommodation, transport, restaurant business or leisure activities to be performed on a specific date or during a specific period;
b. whose delivery has begun with the express consent of the consumer before the reflection period has expired;
c. concerning bets and lotteries.
Article 9 – The price
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.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject 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 are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only permitted if they are the result of statutory regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only permitted if the entrepreneur has stipulated this and:
a. they are the result of statutory regulations or provisions; or
b. the consumer is authorized to terminate the agreement with effect from the day on which the price increase takes effect.
The prices stated in the offer of products or services include VAT.
All prices are subject to printing and typographical 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 at the incorrect price.
The parcel service offers the package to you 3 times;
We cannot make a second delivery attempt on the same day. Your driver can make a second attempt on the next working day and a third on the following working day, if necessary. Your shipment can also be taken to a UPS Access Point ™ for collection.
If, despite the above, the package still comes back to us, and you want the package to be sent again, you pay for the shipping costs. You will find this at; Article 7 – Costs in case of withdrawal.
Article 10 – Compliance and Warranty
Each sex doll is thoroughly checked before we send it to our customer. As a result, it is very rare for our customer to receive a product with manufacturing defects. We ask our customers to check the product carefully upon receipt, if you notice an error please contact us immediately, do not use your doll! We can give a used doll a reduced warranty.
We give a 6-month warranty on the proper functioning of the metal skeleton, 6 months after receiving your sex doll.
How does the warranty work
When you receive the doll, check it from head to toe.
If you find a defect, please contact us as soon as possible, please also send photos.
When the sex doll needs to be exchanged or replaced. Then DO NOT use her. Leave the sex doll unused in the box with all available packaging materials. We do NOT trade ANYTHING that has been used. We test this carefully upon arrival, so we will find out at all times.
What is not covered by the warranty and why?
Small skin defects – sometimes it can happen that small irregularities or slight deviations arise due to the production and its processes. However, these will be inconspicuous. We see this as a unique “birth mark”.
Fingers: The skin around the fingers is most vulnerable, because the skin is thinnest here. If you handle this carefully, these will not break. Careless use can cause the skeleton to penetrate the skin. We do not guarantee this.
Loose fingernails: We carefully inspect the toe and finger nails for adhesion in advance. However, it is possible that nails become loose. If this happens, you can easily glue it with superglue.
Loose Lashes: We ship the doll with a protective eye mask to protect her gorgeous lashes. However, if an eyelash has come loose, you can easily stick it with superglue.
Damage by your own fault – It is only possible to exchange the sex doll when it is in new condition. When we find that the doll has been damaged by use, the entire warranty expires. The costs are then for your own account.
Negligence – If the sex doll shows signs of improper care and has been damaged as a result, the costs are for your own account. We will help you free of charge with advice on how to properly care for your doll.
The entrepreneur guarantees that the products and / or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and the legal provisions existing on the date of the conclusion of the agreement and / or government regulations. If agreed, the entrepreneur also guarantees that the product is suitable for 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 under the agreement.
The entrepreneur’s warranty period corresponds to the factory 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 return guarantee only counts when the doll is returned in new condition and with all original packaging. The doll should not be used in any way. If you have had any form of sexual contact with the doll, we cannot take it back. Nevertheless, we will always work with you to find a solution to the problem. This guarantee is always there.
The consumer has repaired and / or processed the delivered products himself or has them repaired and / or processed by third parties;
The delivered products have been exposed to abnormal circumstances or are otherwise carelessly handled or are contrary to the instructions of the entrepreneur and / or have been treated on the packaging;
The defect is wholly or partly the result of regulations that the government has made or will make regarding the nature or quality of the materials used.
Article 11 – Delivery and implementation
The entrepreneur will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
The place of delivery is the address that the consumer has made known to the company.
With due observance of what is stated in paragraph 4 of this article, the company will execute accepted orders expeditiously, but at the latest within 2 days, unless the consumer has agreed to a longer delivery period. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified of this no later than 30 days after placing the order. In that case, the consumer has the right to terminate the contract at no cost. The consumer is not entitled to compensation.
All delivery times are indicative. The consumer cannot derive any rights from any stated terms. Exceeding a term does not entitle the consumer to compensation.
In case of dissolution in accordance with paragraph 3 of this article, the entrepreneur will refund the amount that the consumer has paid as soon as possible, but no later than 14 days after dissolution.
If delivery of an ordered product proves to be impossible, the entrepreneur will endeavor to make a replacement article available. At the latest upon delivery, it will be stated in a clear and comprehensible manner that a replacement item is being delivered. For replacement items right of withdrawal can not be excluded. The costs of a possible return shipment are for the account of the entrepreneur.
The risk of damage and / or loss of products rests with the entrepreneur until the moment of delivery to the consumer or a pre-designated and announced representative to the entrepreneur, unless expressly agreed otherwise.
Article 12 – Payment
You can pay for your order in the following ways:
When you place an order in our webshop you can pay in different ways.
If you use iDEAL, you pay via your own bank or credit card. It is also possible to pay with PayPal. Via Klarna you can pay afterwards, after delivery of your product, within 2 weeks without extra costs. Klarna does a risk analysis, if Klarna has some objection to postpay, the order will be canceled. Mysexdollshop.com has no say in this.
Of course our products can also be picked up in Drachten (The Netherlands), here it is possible to pay cash, by pin or by bank transfer.
If you have paid you will immediately receive a confirmation by email. When we have sent the item you will receive the Track and Trace of your product, so you can follow the order closely until you receive your product.
Article 13 – Complaints procedure
The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the performance of the agreement must be submitted fully and clearly described to the entrepreneur within 7 days, after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will reply within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement, a dispute will arise that is subject to the dispute settlement procedure.
In case of complaints, a consumer must first turn to the entrepreneur.
If a complaint is found to be well-founded by the entrepreneur, the entrepreneur will replace or repair the delivered products free of charge at its choice.
It can always happen that something does not go quite as planned. We recommend that you first report complaints to us by emailing info@mysexdollshop.com. If this does not lead to a solution, it is possible to register your dispute for mediation via Stichting WebwinkelKeur via webwinkelkeur.nl/kennisbank/consumenten/geschil. From February 15, 2016, it is also possible for consumers in the EU to register complaints via the ODR platform of the European Commission. This ODR platform can be found at ec.europa.eu/odr. If your complaint is not yet being dealt with elsewhere, you are free to file your complaint via the European Union platform.
Article 14 – Disputes
Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
The Vienna Sales Convention does not apply.
Article 15 – Additional or different stipulations
Additional or deviating provisions from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
Contact details
www.mysexdollshop.com
Visiting address: Suderheide 2A, 9203 TJ Drachten, The Netherlands
Postal address: Het Zuid 31, 9203 TB Drachten, The Netherlands
T +31512-358370
E info@mysexdollshop.com
Contact person: T. Wieldraayer
