General terms and conditions

Article 1: Definitions
In these General Terms and Conditions the following terms shall have the following meanings:

• Company: the natural or legal person, registered as Mcubes, that offers products or services through the online store mcubes.nl.
• Consumer: the natural person who does not act in the exercise of a profession or business and who purchases a product or service through the online store.
• Agreement: the agreement between a consumer and the company that is concluded when the consumer orders a product or service through the online store.
• Webshop: an online platform where products or services are offered.

Article 2: Applicability
These Terms and Conditions apply to all agreements concluded between a consumer and the company through the online store. The provisions of these Terms and Conditions prevail over any other provisions agreed upon by the consumer and the company. These terms and conditions also apply to future agreements.

Article 3: Offer and acceptance
The offer of a product or service in the online store is non-binding. The consumer can accept the offer by ordering the product or service. Acceptance of the offer by the consumer is final once the consumer has paid for the product or service. In the event of an error in the price or description of the product, the company reserves the right to correct the offer and notify the consumer accordingly.

Article 4: Price
The price of a product or service is the price applicable at the time the offer is accepted by the company. All prices include VAT, but exclude any shipping costs, unless otherwise stated.

Article 5: Promotions and Discount Codes

• Promotions: The company may offer promotions and special offers from time to time, including but not limited to discounts, free shipping, or special offers. The terms and conditions of these promotions are listed on the company's website.
• Discount codes: Discount codes are temporary and may have specific conditions, such as a minimum spend or a validity period. Consumers must ensure the discount code is entered correctly during the checkout process to qualify for the discount.
• Discounts on specific items, without a discount code: For certain products, the company may offer temporary discounts that apply automatically without a discount code. These discounts are specific to the product or promotional period and cannot be applied to other items or purchases.
• Discounts and promotions are not cumulative unless otherwise stated. This means discounts cannot be combined with other offers or discount codes. Discounts on individual items can be combined, but they are excluded from discount stacking, so discount on discount is not possible.
• Changes: The company reserves the right to change or discontinue promotions and discount codes at any time. Consumers will be notified of such changes in a timely manner via the website or other communication channels.
• Loss of discount: If the consumer does not use a discount code or offer in time or if it is no longer valid, the company is not obliged to apply the discount to a later order.

No retroactive effect on exchanges
Discounts and promotions are valid only on purchases made during the promotional period. If a product purchased during a promotional period is returned or exchanged, the discount cannot be transferred to another order or a product outside the promotional period.

• Exchange for the same product : If the product is defective or damaged, it can be exchanged for an identical one, subject to availability. The original promotional or discounted price will still apply in this case.
• Exchange for another product : If the consumer chooses to exchange the product for another product outside the promotional period, the consumer owes the regular sales price of that product, without application of the original discount.

The company reserves the right to make a credit for returns or exchanges according to the applicable prices and conditions.

Article 6: Payment
The consumer must pay for a product or service within 14 days of the invoice date. Products are always shipped only after final payment of the invoice. Payment can be made using the payment methods offered by the company, including iDEAL, Bancontact, credit card, and crypto (USD). You can read more about the payment process on the payment page.

Article 7: Gift vouchers

• General use
  Gift cards can be issued and redeemed through the company's online store. Gift cards cannot be exchanged for cash and can only be used to purchase products in the online store.
• Validity period
  The gift card is valid for 12 months from the date of issue, unless otherwise stated on the card or when purchased. After the expiration date, the gift card is no longer valid and cannot be used.
• Portability
  Gift cards are not personal and can be used by third parties. The company is not responsible for loss, theft, or unauthorized use of the gift card.
• Residual value
  If the purchase amount is less than the gift card value, the remaining balance remains available within the validity period. The remaining balance cannot be redeemed for cash.
• Abuse and fraud
  In the event of suspected fraud or misuse of gift cards, the company reserves the right to block or refuse to honor a gift card. The company also reserves the right to cancel an order if gift cards are being used improperly.
• Returns and refunds
  Products purchased with a gift card can be returned according to the standard return policy. Any refunds will be issued in the form of a new gift card, unless otherwise agreed.
• Confirmation of issue
  When purchasing a gift card, the consumer receives a digital confirmation of issue with the value and validity of the gift card. The consumer is responsible for keeping this confirmation in a safe place.

Article 8: Delivery
The company is obligated to deliver the product or service within the agreed-upon timeframe. If no delivery timeframe has been agreed upon, the company is obligated to deliver the product or service within a reasonable timeframe. The company is entitled to deliver the product or service in installments. If the consumer is not home during the first delivery attempt, the shipping company will inform the consumer.

Article 9: Shipping

• Shipping methods: The company only offers DHL or DPD shipping. The shipping method is selected during the checkout process.

• Shipping costs: Shipping costs depend on the shipping method you choose and the destination. These costs are displayed during the checkout process.

• Delivery address : The customer is responsible for providing a correct and complete delivery address. The company is not liable for damage or loss if the package is delivered to an incorrect address provided by the customer. Any additional costs resulting from incorrect address information will be borne by the customer. Should an order be returned due to incorrect information provided by the customer, the company may charge a fee. Customers can only submit changes to their delivery address before their order is shipped.

• Delivery times: The company strives to ship orders within the stated delivery times. These delivery times are indicative, and the company cannot be held responsible for delays caused by third parties.

• Risk: The risk of loss or damage to the products passes to the consumer upon delivery. If the consumer chooses to have the package delivered to their door or neighbors while they are not home, they are responsible for any loss or damage. If the customer changes the delivery address or similar changes through the postal service after delivery, the company is no longer responsible for any damage or loss.

• Unreceived shipments: If a shipment is not received, the consumer must report this to the company as soon as possible. If the consumer indicates they have not received anything, but there is a delivery notification (for example, via a Track & Trace message or a signature), the consumer must provide a legally valid and signed non-receipt notice. The company will investigate the situation and, if possible, offer a solution.

• Loss or misdelivery: The company is not liable for lost or misdelivered packages that have been approved for delivery to an incorrect address or delivered to a third party with your prior consent. If the customer has indicated that the package may/must be delivered to a neighbor, the customer is responsible for the package and any problems or loss resulting from this instruction. Even if the customer instructs the delivery company to leave the package somewhere (in a safe place, front door, garden, parcel locker, or similar), the customer is responsible for the package and any problems or loss resulting from this instruction.

• Delivery to a collection point

1. If the customer chooses to have the order delivered to a collection point, the customer is responsible for collecting the package on time.
2. If the customer does not collect the package within the timeframe set by the carrier (usually 7 to 14 days), the package will automatically be returned to the company.
3. The company will notify the customer of this and offer the option to resend the package, with additional shipping costs to be paid by the customer.
4. If the customer does not wish to have the item reshipped, the company will refund the purchase price, minus the original payment/refund costs, shipping costs, and any return shipping costs charged by the carrier.
5. Promotions and offers will not apply to a new order after a package has not been collected.

• Delivery 'Not at the neighbors': If you do not want your order to be delivered to your neighbors in case you are not at home, select the 'Not at the neighbors' option during checkout.

Article 10: Termination
The agreement between the consumer and the company can be terminated by either party. Termination must be in writing, with 14 days' notice.

Article 11: Right of withdrawal
The consumer has the right to cancel the agreement within 14 days of receiving the product without giving any reason. The consumer must return the products unused, undamaged, and in their original packaging. The consumer is responsible for the costs of returning the products, unless the company has indicated otherwise in writing.

The right of withdrawal does not apply to:

1. Products that have been specially made to measure or personalized.
2. Sealed products which are not suitable for return for hygienic or health reasons and of which the seal has been broken after delivery.
3. Digital products that are delivered immediately after purchase and for which the consumer has previously agreed to immediate delivery.

Article 12: Retention of title
The product remains the property of the company until the consumer has paid the full price. The company reserves the right to reclaim ownership of the product in the event of non-payment.

Article 13: Return conditions
Our return policy applies to all purchases and can be found on our website. Customers must adhere to these return policies when returning products. For specific details about returning items, including the procedure and any applicable fees, please refer to the Returns Information page.

Article 14: Warranty
The company guarantees that the product or service meets the agreed specifications. If the product or service does not meet the agreed specifications, the consumer is entitled to return it in accordance with the return policy. The warranty does not apply to damage caused by normal use, improper handling, or wear and tear. For specific details about the warranty on items, including the procedure and any costs, please refer to the warranty and repair information page.

Article 15: Privacy and Data Protection
The company respects the privacy of consumers and ensures that personal data is handled securely in accordance with the General Data Protection Regulation (GDPR). We collect only the data necessary for the execution of the agreement, such as name, address, email address, and payment information. This data will not be shared with third parties without the consumer's consent, unless this is necessary for the fulfillment of the order or is legally required. Consumers have the right to access, correct, or delete their data. Click here for the comprehensive privacy policy .

Article 16: Use of Cookies
In addition, our website uses cookies to improve website functionality and optimize the user experience. Cookies are small text files that are stored on your device. We use:

• Functional cookies : These are necessary for the functioning of the website.
• Analytical cookies : These provide us with insight into the use of our website and allow us to improve it.
• Tracking cookies (if applicable): These are used to show personalized advertisements or to track the surfing behavior of users.

For the placement of certain cookies, such as tracking cookies, we request prior consent via a cookie banner. You can adjust your cookie preferences at any time via your browser settings or the cookie banner. Click here for the detailed cookie policy .

Article 17: Intellectual Property
All content on the company's website, including but not limited to text, images, logos, and other materials, is the property of the company or their respective rights holders and is protected by copyright. Reproduction, distribution, or other use of this content without the company's prior written consent is prohibited. This also includes the use of images or text on social media or other platforms.

Article 18: Transfer of Rights and Obligations
The company reserves the right to transfer its rights and obligations under this agreement to a third party. The consumer may not transfer their rights and obligations under this agreement to a third party without the company's prior written consent. In the event of a transfer, the company will inform the consumer of the change in a timely manner.

Article 19: Changes to the General Terms and Conditions
The company reserves the right to amend these terms and conditions or other terms and conditions on the online store. Changes will be announced on the company's website. Consumers are advised to regularly check the terms and conditions for any changes. By placing an order after the terms and conditions have been amended, the consumer agrees to the amended terms and conditions.

Article 20: Customer Service and Contact Information
For questions, comments, or complaints, consumers can contact the company's customer service. Customer service is available by email at info@mcubes.nl or by phone at +31 (0) 647081281 on weekdays from 9:00 AM to 5:00 PM. We aim to respond to all questions and complaints within 48 hours. Customers are encouraged to include all relevant information, such as order numbers and details of the issue, in their communications to ensure prompt resolution.

Article 21: Specific Product Information
The company only offers toys that meet legal safety standards. It is important that consumers carefully read the package insert and instructions for toys before use. Certain products have an age recommendation, and the company recommends that toys not be used by children under three years of age, unless otherwise stated. Consumers are responsible for supervising children's use of toys and ensuring a safe play environment.

Article 22: Complaints
Consumers must notify the company in writing of any complaints about the product or service within 14 days of receipt. Complaints can be submitted via the contact form or via info@mcubes.nl. The company will process complaints within 14 days of receipt.

Article 23: Liability
The company is not liable for any damage suffered by the consumer as a result of a shortcoming on the part of the company, unless this shortcoming is the result of intent or gross negligence on the part of the company. Liability is limited to the amount the consumer paid for the product or service.

After delivery of the goods to the consumer, all responsibility and liability for the proper use and maintenance of the products passes to the consumer. The company is not liable for damage or injury resulting from incorrect or careless use of the products.

To the extent permitted by law, the Company excludes all liability not expressly provided for in these Terms and Conditions.

Article 24: Force Majeure
The company is not liable for any damages suffered by the consumer as a result of force majeure. Force majeure refers to all circumstances beyond the company's control, such as natural disasters, war, strikes, or other circumstances that hinder the delivery of the product or service.

In the event of force majeure, the company is entitled to suspend the delivery of products and services or to terminate the agreement without being obliged to pay damages.

Article 25: Safety warnings
The products offered are not suitable for children under 3 years of age, unless otherwise indicated. It is recommended that you read the enclosed leaflet or instructions for use with each product and be aware of the safety warnings on the packaging or leaflet before using the product. The company is not liable for any damage or injury resulting from improper use of the toys. It is the responsibility of parents and guardians to supervise children while using toys. The company accepts no liability for accidents or injuries resulting from the use of the products.

Article 26: Sustainability and Environment
The company strives for sustainable business practices by using environmentally friendly packaging and minimizing waste. Consumers are encouraged to recycle products responsibly and separate waste according to local guidelines.

Article 27: Consumer Responsibility

1. The consumer is responsible for providing correct and complete information when placing an order.
2. Any additional costs resulting from the consumer providing incorrect or incomplete information will be borne by the consumer.
3. The consumer must carefully read and follow the enclosed instructions for use and safety warnings.

Article 28: Disputes
Disputes between the consumer and the company will be submitted to the competent court in the Netherlands. Consumers also have the option to submit disputes to a dispute resolution committee or consumer organization.

Article 29: Fraud Prevention, Abuse and Cancellation

• Control and Assessment
  The company reserves the right to monitor orders and payments for potential fraud or misuse. If fraud, misuse, or unauthorized use of payment methods, discount codes, or promotions is suspected, the company may cancel the order or request additional verification from the customer.
• Identity verification
  The company may request additional information or documents from the customer to verify identity and payment details. If the customer does not comply with such a request within a reasonable time, the company reserves the right to cancel the order and, if applicable, refund the payment to the original payment method.
• Abuse of Returns Policy and Discounts

1. The company reserves the right to refuse returns or partially refund returns if there is a suspicion of abuse of the return policy, such as ordering and returning large quantities of products without a valid reason.
2. Discount promotions and discount codes are intended for normal consumer use. Misuse, such as repeatedly creating new accounts to take advantage of welcome discounts or illegally combining discount promotions, may result in order cancellation or blocking of future purchases.

• Payment Fraud
  If payment fraud is suspected, such as the use of stolen credit cards or unauthorized transactions, the company will notify the appropriate authorities and cancel the transaction. The company may share data on suspicious transactions with payment providers and authorities to prevent and combat fraud.
• Cancellation of Orders

1. The Company reserves the right to cancel orders in the event of (technical) errors in pricing, inventory management, or other circumstances that make order fulfillment impossible.
2. If an order is cancelled, the company will notify the consumer and, if applicable, refund the paid amount to the original payment method.
3. The Company is not obliged to offer an alternative refund or compensation in the event of cancellation of an order.

• Customer Liability
  If a customer abuses the system, commits fraudulent acts, or provides false information with the intention of obtaining financial gain, the company reserves the right to take legal action and recover any damages from the customer.

Article 30: Intellectual Property Rights and Disclaimer
All text, images, logos, and other content on the company's website are the property of the company or their respective owners and are protected by copyright and other intellectual property rights. Copying, distributing, or otherwise using this content without the company's prior written consent is prohibited.

No rights to texts or images:
While we make every effort to provide accurate and up-to-date information, no rights can be derived from the texts, images, and other content on our website. The company is not liable for any errors or omissions on the website.

Article 31: Final provisions
These Terms and Conditions are governed by Dutch law. Amendments to these terms and conditions are only valid if confirmed in writing. The Terms and Conditions can be found at mcubes.nl/pages/algemene-voorwaarden. By placing an order, the consumer agrees to the Terms and Conditions and all other applicable terms and conditions.