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 for purposes related to their trade, business, craft or profession; day: calendar day; durable medium: any tool that enables the consumer or trader to store information in a way that allows future access and unchanged reproduction of the stored information; right of withdrawal: the consumer’s option to withdraw from the distance contract within the cooling-off period; trader: DVWZ B.V., trading as Doll.shop; distance contract: a contract concluded between the trader and the consumer under an organised system for distance selling, in which, up to and including the moment the contract is concluded, exclusive use is made of one or more means of distance communication.
Article 2 – Identity of the trader
DVWZ B.V., trading as Doll.shop. Address: Königsborner Straße 26a, 39175 Biederitz, Germany. Registered office: Meppel, the Netherlands. Availability: working days from 9am to 5pm via live chat +31 85 060 05 90 and [email protected]. Chamber of Commerce (KvK) number 82678057. VAT identification number NL862563215B01.
Article 3 – Applicability
These terms and conditions apply to every offer made by the trader and to every distance contract concluded between trader and consumer. Before the contract is concluded, the text of these terms and conditions is made available to the consumer in a way that allows it to be easily stored on a durable medium. These terms and conditions are available in Dutch, English, German, French, Spanish, Italian, Polish and Swedish; in the event of differences between versions, the Dutch text prevails.
Article 4 – The offer
The offer contains a complete and accurate description of the products offered, with the information the consumer needs to properly assess the offer. Images show the actual unit supplied; small variations in colour reproduction and manual finishing are possible and do not constitute a shortcoming. Obvious mistakes or obvious errors in the offer do not bind the trader. An offer with a limited period of validity or made subject to conditions states this explicitly.
Article 5 – The agreement
The agreement is concluded at the moment the consumer accepts the offer and meets the conditions set for it. The trader confirms receipt of the acceptance without delay by electronic means. Until this receipt has been confirmed, the consumer may dissolve the agreement. The trader takes appropriate technical and organisational measures to secure the electronic transfer of data and ensures a safe web environment and secure payment. Within the limits of the law, the trader may ascertain whether the consumer is able to meet their payment obligations, and may on that basis refuse an order or attach special conditions to its performance. The trader supplies only to persons aged 18 and over.
Article 6 – Right of withdrawal
The consumer may dissolve a contract for the purchase of a product within a cooling-off period of 14 days, without giving any reason. The cooling-off period commences on the day after the consumer, or a third party designated by the consumer other than the carrier, receives the product. During the cooling-off period, the consumer handles the product and packaging with care and only unpacks or uses the product to the extent necessary to establish its nature, characteristics and functioning. The consumer is liable for any reduction in value resulting from handling the product beyond what is permitted.
Article 7 – Exercise of the right of withdrawal and costs
The consumer notifies the trader of the withdrawal within the cooling-off period using the model withdrawal form or in another unambiguous manner. As soon as possible, but within 14 days of the notification, the consumer returns the product with all supplied accessories, in its original condition and packaging, in accordance with the trader’s instructions. The direct cost of returning the product is borne by the consumer; for a sex doll or torso this is approximately €85 per parcel, and €6.95 for accessories. The trader refunds all payments made by the consumer, including any standard delivery costs for the original shipment, without delay and within 14 days at the latest after the day of notification, using the same payment method as the consumer used. The trader may withhold the refund until the product has been received or the consumer has shown that the product has been returned.
Article 8 – Exclusion of the right of withdrawal
The right of withdrawal is excluded for: products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery, including sex dolls, torsos, masturbators, wigs, lingerie and outfits, lubricants, care powder and cleaning products; and products manufactured to the consumer’s specifications or clearly intended for a specific person. The trader states the exclusion clearly in the offer, in good time before the contract is concluded.
Article 9 – The price
The prices stated in the offer include VAT and exclude shipping costs; shipping costs are stated before the contract is concluded. During the period of validity stated in the offer, prices are not increased, except for changes resulting from changes in VAT rates. In the event of a price reduction, the trader states the lowest price that applied in the 30 days preceding the reduction. Prices are subject to obvious printing and typesetting errors.
Article 10 – Conformity and warranty
The trader guarantees that the products comply with the agreement, the specifications stated in the offer, the reasonable requirements of soundness and usability, and the statutory provisions in force on the date the agreement was concluded. Any additional warranty provided by the trader or manufacturer never limits the consumer’s statutory rights. Defects must be reported in writing within two months of discovery. Minor variations in manual finishing, normal wear, wear parts, and damage from incorrect use, insufficient maintenance or the use of heat sources are not covered by the warranty.
Article 11 – Delivery and performance
The trader exercises the greatest possible care when receiving and executing orders. The place of delivery is the address that the consumer has made known to the trader. The trader executes accepted orders within 30 days at the latest, unless a different delivery period has been agreed. In the event of delay, or if an order cannot be executed or can only be partly executed, the consumer is notified of this no later than 30 days after placing the order and has the right to dissolve the agreement free of charge; the trader will then refund the amount paid without delay. The risk of damage to or loss of products lies with the trader until the moment of delivery to the consumer or a third party designated in advance.
Article 12 – Continuing performance contracts
The trader does not offer subscriptions or continuing performance contracts. Should this change in future, the consumer may terminate an agreement of indefinite duration at any time, subject to a notice period of no more than one month.
Article 13 – Payment
Unless otherwise stipulated in the agreement or additional terms, amounts owed by the consumer must be paid when placing the order, using one of the payment methods offered. The consumer is obliged to report inaccuracies in payment details provided or stated to the trader without delay. In the event of non-payment, the trader has the right, subject to statutory limitations, to charge reasonable costs made known to the consumer in advance.
Article 14 – Complaints procedure
The trader maintains a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure. Complaints about the performance of the agreement must be submitted to the trader fully and clearly described, within a reasonable time after the consumer has identified the defects. Complaints submitted are answered within 14 days of receipt. If a complaint requires a longer processing time, the trader responds within 14 days with an acknowledgement of receipt and an indication of when a fuller answer can be expected. A complaint that cannot be resolved by mutual agreement may be submitted by the consumer to the dispute mediation service of ValuedShops (Stichting WebwinkelKeur), or the consumer may use the European ODR platform.
Article 15 – Disputes and additional provisions
Contracts between the trader and the consumer to which these terms and conditions relate are governed exclusively by Dutch law, without prejudice to the protection the consumer enjoys under the mandatory law of the country in which they reside. Additional or deviating provisions must not be to the consumer’s detriment and must be recorded in writing or on a durable medium. The trader sells only products with adult body proportions and reserves the right to refuse orders that conflict with its responsible range policy.