www.atoys.nl and www.atoys.be are the property of ATOYS.

KvK: 68018908

BTW: NL857268028B01

E-mail: [email protected]

Tel.: +31 (0)40- 282 7447

1. Applicability

ATOYS is registered with the Chamber of Commerce in Eindhoven. These conditions apply to agreements concluded with ATOYS and offers made by ATOYS, as well as products offered. ATOYS reserves the right to change these conditions at any time. ATOYS is not responsible for typing errors, minor detail changes from manufacturers, minor deviations from product photos and incorrectly displayed prices. If in doubt, coordinate all options and functionalities with ATOYS and double-check. These conditions only apply to consumers. Different conditions apply to companies (upon request).

2. Payment

ATOYS offers the following payment methods:

• iDEAL: completely free.
• PayPal: surcharge of €0.35 per transaction + 3.4% of the total amount.
• BanContact/MisterCash: (payments from your Belgian bank) surcharge of €0.25 per transaction + 1.8% of the total amount.
• Bank transfer: to account number: 51.26.71.788 in the name of ATOYS
• Pin: for purchases at the Eindhoven branch
• Cash: for purchases at the Eindhoven branch

3. Delivery

ATOYS sends orders with DHL or possibly another provider.
The items will be sent within 1 working day after receipt of payment, if in stock. This may be deviated from if stated otherwise or if products are out of stock. In that case, ATOYS will inform the customer as soon as possible. In most cases, shipments are delivered within 1 working day under normal circumstances within the Netherlands. Shipments to Belgium are delivered within 2 working days.

Children's Battery Toys such as children's cars, quads and children's motorcycles are delivered in cardboard packaging. These products are 75% assembled. The customer must assemble a number of parts such as the steering wheel, seat, drive, wheels, mirrors and possibly a number of other parts. It is possible to make the product 100% ready to drive in consultation and for a fee. Children's Battery Toys can no longer be sent after assembly, and must therefore be collected from the branch in Eindhoven.

4. Prices

All prices are in Euros, including VAT and excluding delivery costs. ATOYS reserves the right to change prices.

5. Returns

It is possible to return an order within 14 days of receipt without giving a reason. The customer must return the order unused, in the original packaging, with sufficient postage and provided with the return form. Please read the return instructions carefully in advance. The product, packaging, and all packed parts must still be saleable as original. ATOYS is not liable for the loss of your products by the carrier or with the wrong recipient. ATOYS advises to return products exclusively by 'signed for mail'. The customer is obliged to report any damage to products or defective products to ATOYS by email immediately on the date the order was received/collected. If you use the article despite damage or defects to the article, your right of return expires. From that moment on, the article is covered by the warranty. The right of return does not apply to purchases that have been specially ordered at the request of the customer and are therefore custom-made. Custom-made products are not covered by the right of return. This also applies to Children's Battery Toys that are 100% assembled at the customer's request. These cannot be returned either. When an order is returned, the purchase amount minus the shipping costs incurred by ATOYS and deduction of costs related to payment method (such as Paypal or BanContact/MisterCash transaction costs) will be refunded to the customer within 14 days. ATOYS reserves the right to refuse returned products and/or not to refund the purchase amount (or not in full) to the customer if ATOYS strongly suspects that products have been used or damaged. When returning products for whatever reason, the customer must be in possession of the original purchase invoice. The return address can be found on contact. The customer can stick a piece of paper with the return address or the new postal label over the old label. Never write on the packaging itself.

Please note: before you return the item to us, you must be aware of the conditions that apply to the right of return. When we receive returns that are excluded from the right of withdrawal, we cannot reimburse these to you. We would like to point out that these items must be collected by you or can be sent back to you. The costs in this case are for you and not for ATOYS or for the carrier.

6. Complaints

All complaints regarding the delivery, quality, condition of an item, or any other complaint, will be taken seriously by ATOYS. In such cases, the customer must contact ATOYS. ATOYS will look for a satisfactory solution as soon as possible.

7. Applicable law and disputes

The agreement between ATOYS and the customer is governed by Dutch law.

8. Liability (disclaimer)

ATOYS is not liable for direct or indirect damage to persons and/or goods or of any nature whatsoever resulting from or in any way related to the use of ATOYS, ATOYS products, the use of information obtained through this web shop or the temporary inability to consult ATOYS. Despite the constant care and attention that ATOYS devotes to the composition of this web shop, it is possible that information published on this web shop is incomplete or incorrect. ATOYS cannot be held liable for deviations in prices, images (colours) and texts. Due to licenses, the products sold by ATOYS do not always have the original logo, emblem or grill that corresponds to the product name or brand. The information on ATOYS is regularly supplemented and any changes can be made at any time with immediate effect and without any notice. It is not permitted to use photos and documentation from our web shop without our permission. Written permission must be requested in advance.

9. Warranty provision

The warranty applies to technical components such as switches, circuit boards, wiring, and electric motors. The customer may invoke the statutory warranty if the defect is not caused by improper use. ATOYS assesses on a case-by-case basis whether the product has been used appropriately and whether the instructions in the user manual have been properly followed. ATOYS reserves the right to determine whether a defect was caused by incorrect use. In the case of improper use, or repairs or modifications by third parties without ATOYS’s written permission, the warranty becomes void. If the warranty claim is valid, ATOYS will repair the product free of charge or replace it if necessary. If replacement is required and the original product is not in stock, the customer may choose a replacement product from the same category and price range. In consultation and for an additional payment, a product from a higher price range may also be selected. The warranty does not cover breakage, damage, or wear resulting from normal use. Wear parts are excluded from warranty coverage. Examples include drive gears, tires, chains, lights, and batteries. Although lead-acid batteries are considered wear parts and are highly dependent on usage and charging frequency, ATOYS provides a three-month warranty on dead cells, provided the charging instructions have been followed correctly. The warranty on lead-acid batteries only applies to dead cells, not to reduced performance. Repairs outside the warranty period will be carried out by ATOYS, if technically possible and depending on parts availability, at costs agreed upon in advance. Defective products may be returned by post or delivered in person, in consultation with ATOYS. After repair or replacement, the product must be collected by the customer, unless ATOYS sends the product by a traceable shipping method (‘signed delivery’) at the customer's request. Shipping costs for this service are the responsibility of the customer. ATOYS is not liable for the loss or damage of returned products during shipping via DHL or other carriers, or for delivery to the wrong recipient. ATOYS advises using a traceable shipping method. The customer must always be able to present the original purchase invoice. ATOYS aims to repair or replace products within three weeks of receipt. If more time is required, the customer will be informed accordingly.

10. Privacy of customer data

ATOYS never makes personal information of customers available to third parties. ATOYS asks customers to fill in their telephone number and e-mail address, so that ATOYS can contact the customer if necessary. The legal requirements regarding the protection of personal data, as laid down in the Personal Data Registration Act/the Personal Data Protection Act, are complied with by ATOYS. Customers always have the option to change their own data (insofar as these are stored by ATOYS).