General terms and conditions

Article 1: Definitions
In these General Terms and Conditions, the following definitions apply:

• Company: the natural or legal person, registered as Mcubes, offering products or services via the webshop mcubes.nl.
• Consumer: the natural person who is not acting in the exercise of a profession or business and purchases a product or service via the webshop.
• Agreement: the agreement between a consumer and the company that comes into being when the consumer orders a product or service via the webshop.
• Webshop: an online platform where products or services are offered.

Article 2: Applicability
These General Terms and Conditions apply to all agreements concluded between a consumer and the company via the webshop. The provisions of these General Terms and Conditions take precedence over any other provisions agreed upon by the consumer and the company. These conditions also apply to future agreements.

Article 3: Offer and acceptance
The offer of a product or service in the webshop is a non-binding offer. The consumer can accept the offer by ordering the product or service. The acceptance of the offer by the consumer is final when the consumer has paid for the product or service. In case of an error in the price or description of the product, the company has the right to correct the offer and inform the consumer thereof.

Article 4: Price
The price of a product or service is the price applied by the company at the time of acceptance of the offer. 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 at various times, including but not limited to discounts, free shipping, or special deals. The conditions of these promotions will be stated on the company's website.
• Discount Codes: Discount codes are temporary and may have specific conditions, such as a minimum spending amount or a validity period. The consumer must ensure that the discount code is entered correctly during the ordering process to be eligible for the discount.
• Discounts on specific items, without discount code: For certain products, the company may offer temporary discounts that are applied automatically without the need for a discount code. These discounts are specifically linked to the relevant product or promotion period and cannot be applied to other items or purchases.
• Application of discounts: Discounts or promotions are not cumulative unless otherwise stated. This means that discounts cannot be combined with other offers or discount codes. Discounts on individual items can be combined, but they are excluded from discount stacking, meaning discount on discount is not possible.
• Changes: The company reserves the right to change or terminate promotions and discount codes at any time. Consumers will be informed 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 retroactivity for exchanges
Discounts and promotions apply exclusively to purchases made during the promotion period. If a product purchased during a promotion is returned or exchanged, the discount cannot be transferred to another order or a product outside the promotion period.

• Exchange for the same product: In case of defects or damage, the product can be exchanged for an identical item, if available. The original promotional or discounted price will apply in this case.
• Exchange for another product: If the consumer chooses to exchange the product for another product outside the promotion period, the consumer owes the regular retail price of that product, without the application of the original discount.

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

Article 6: Payment
The consumer must pay the price of 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 via the payment methods offered by the company, including Ideal, Bancontact, credit card, and crypto (USDC) payment. You can read more about the payment process on the payment page.

Article 7: Gift Vouchers

• General Use
  Gift vouchers can be issued and redeemed via the company's webshop. The gift voucher cannot be exchanged for cash and can only be used for the purchase of products in the webshop.
• Validity Period
  The gift voucher is valid for a period of 12 months from the issue date, unless otherwise stated on the voucher or at the time of purchase. After the expiry date, the gift voucher is no longer valid and cannot be used.
• Transferability
  Gift vouchers are not personal and can be used by third parties. The company is not responsible for loss, theft, or unauthorized use of the gift voucher.
• Remaining Value
  If the purchase amount is lower than the value of the gift voucher, the remaining balance will remain available within the validity period. The remaining balance cannot be paid out in cash.
• Misuse and Fraud
  In case of suspected fraud or misuse of gift vouchers, the company reserves the right to block or not honor a gift voucher. The company also reserves the right to cancel an order if there is improper use of gift vouchers.
• Return and Refund
  Products purchased with a gift voucher can be returned according to the standard return conditions. Any refunds will be issued in the form of a new gift voucher, unless otherwise agreed.
• Issue Confirmation
  Upon purchase of a gift voucher, the consumer will receive a digital issue confirmation with the value and validity period of the gift voucher. The consumer is responsible for carefully retaining this confirmation.

Article 8: Delivery
The company is obliged to deliver the product or service within the agreed term. If no term has been agreed upon, the company is obliged to deliver the product or service within a reasonable term. The company is entitled to deliver the product or service in parts. If the consumer is not at home during the first delivery attempt, the shipping company will inform the consumer about this. Changes or extensions of the shipping period in exceptional situations will be clearly stated on the website.

Article 9: Shipping

• Shipping methods: The company only offers DHL or DPD shipping. The choice for this shipping method is made during the ordering process.

• Shipping costs: Shipping costs depend on the chosen shipping method and the destination of the shipment. These costs are displayed during the ordering 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. Additional costs due to incorrect address details are borne by the customer. Should an order be returned due to incorrect details provided by the customer, the company may charge costs. Customers can only submit changes to their delivery address before their order is shipped.

• Delivery times: The company strives to ship orders within the specified delivery times. The 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 transfers to the consumer at the moment the products are delivered to the consumer. If the consumer chooses to have the package delivered to the door or a neighbor while he or she is not at home, the consumer is responsible for any loss or damage. Should the customer make changes to the delivery address or similar via the postal service after shipment, the company is no longer responsible for 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 states that they have not received anything, but there is a notification of delivery (e.g., via a Track & Trace message or a signature), the consumer must provide a legally valid and signed declaration of non-receipt. The company will investigate the situation and, if possible, offer a solution. In such cases, the company typically sends a new product or issues a gift voucher or discount code; a cash refund is not possible in such cases.

• Loss or incorrect delivery: The company is not liable for lost or incorrectly delivered packages that have been approved for delivery to a wrong 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 arising from this instruction. Also, if the customer gives instructions to 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 arising from this instruction.

 

• Delivery to a pick-up point

1. "Delivery to a pick-up point" shipments are typically delivered to parcel lockers near the customer, due to ease of use and wider pick-up times.
2. If the customer chooses to have the order delivered to a pick-up point, the customer is responsible for collecting the package on time.
3. If the customer does not collect the package within the period set by the carrier (usually 7 to 14 days), the package will automatically be returned to the company.
4. The company will inform the customer of this and offer the possibility to resend the package, with additional shipping costs to be paid by the customer.
5. If the customer does not wish for re-shipment, the company will refund the purchase amount, minus the original payment / refund costs, shipping costs and any return costs charged by the carrier.
6. Discount promotions and offers will not apply to a renewed order after failure to pick up a package.

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

Article 10: Termination
The agreement between the consumer and the company can be terminated by both parties. Termination must be made in writing, observing a notice period of 14 days. If the customer wishes to terminate/cancel an order before the relevant order is shipped, they must do so by email or phone. The company will refund the purchase amount minus any incurred costs to the customer. Should the customer wish to cancel the order after the relevant order has been shipped, shipping costs and any other relevant costs will be charged.

Article 11: Right of withdrawal
The consumer has the right to withdraw from the agreement within 14 days of receiving the product without stating reasons. The consumer must return the products unused, undamaged, and in their original packaging. The costs for returning products are borne by the consumer, unless the company has indicated otherwise in writing.

The right of withdrawal does not apply to:

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

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 claim ownership of the product in case of non-payment.

Article 13: Return Conditions
The return conditions apply to all purchases and can be found on our website. Customers must adhere to these return conditions when returning products. For specific details on returning items, including the procedure and any costs, please refer to the return 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 the product or service according to the return conditions. The warranty does not apply to damage caused by normal use, improper use, or wear and tear. For specific details on the warranty of 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 the consumer and ensures that personal data is handled securely in accordance with the General Data Protection Regulation (GDPR). We only collect the necessary data required 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 execution of the order or legally required. The consumer has the right to view, correct, or delete his or her data. Click here for the extensive privacy policy.

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

• Functional cookies: These are necessary for the website's operation.
• Analytical cookies: These provide insight into the use of our website, allowing us to improve it.
• Tracking cookies (if applicable): These are used to display personalized advertisements or to track users' browsing behavior.

For the placement of certain cookies, such as tracking cookies, we ask for 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 extensive cookie policy.

Article 17: Intellectual Property
All content on the company's website, including but not limited to texts, images, logos, and other materials, are the property of the company or the respective copyright holders and are protected by copyright. It is not permitted to reproduce, distribute, or otherwise use this content without prior written permission from the company. This also includes the use of images or texts 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 cannot transfer his or her rights and obligations under this agreement to a third party without prior written consent from the company. In the event of a transfer, the company will inform the consumer of the change in a timely manner.

Article 19: Amendments to the General Terms and Conditions
The company reserves the right to amend these general terms and conditions or other conditions on the webshop. Amendments will be announced on the company's website. The consumer is advised to regularly check the terms and conditions for any changes. By placing an order after amendment of the terms and conditions, the consumer agrees to the amended terms and conditions.

Article 20: Customer Service and Contact Information
For questions, comments, or complaints, the consumer can contact the company's customer service. Customer service can be reached via email at info@mcubes.nl or by phone at 0031 (0) 647081281 on weekdays from 09:00 to 17:00. We strive to answer 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 communication to ensure quick handling.

Article 21: Specific Product Information
The company exclusively offers toys that comply with legal safety standards. It is important that the consumer carefully reads the leaflet and instructions accompanying the toy before use. For certain products, an age recommendation applies; the company advises against using toys for children under three years of age, unless otherwise stated. The consumer is responsible for supervising the use of the toy by children and for ensuring a safe play environment.

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

Article 23: Liability
The company is not liable for damages 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.

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

To the extent permitted by law, the company excludes all forms of liability not explicitly stated in these terms and conditions.

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

In cases of force majeure, the company is entitled to suspend the delivery of products and services or to dissolve the agreement without being liable for damages.

Article 25: Safety Warnings
The products offered are not suitable for children under 3 years of age, unless otherwise indicated. For every product, it is recommended to read the leaflet or user manual and be aware of the safety warnings on the packaging or leaflet before using the product. The company is not liable for damage or injury resulting from improper use of the toy. It is the responsibility of parents and guardians to supervise children during toy use. 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 operations 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 provision of incorrect or incomplete information by the consumer will be borne by the consumer.
3. The consumer must carefully read and follow the provided 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. The consumer also has the option to submit disputes to a disputes committee or consumer organization.

Article 29: Fraud Prevention, Misuse and Cancellation

• Review and Assessment
  The company reserves the right to review orders and payments for possible fraud or misuse. If there is a suspicion of fraud, misuse, or unauthorized use of payment methods, discount codes, or promotions, the company may cancel the order or request additional verification from the customer.
• Identity Verification
  The company may request the customer to provide additional information or documents for verification of identity and payment details. If the customer fails to comply with such a request within a reasonable period, the company reserves the right to cancel the order and, if applicable, refund the payment to the original payment method.
• Misuse of Return Policy and Discounts

1. The company reserves the right to refuse returns or partially refund if there is a suspicion of misuse of the return policy, such as ordering and returning large quantities of products without 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 unlawfully combining discount promotions, may lead to cancellation of the order or blocking of future purchases.

• Payment Fraud
  If there is a suspicion of payment fraud, such as the use of stolen credit cards or unauthorized transactions, the company will inform the competent authorities and cancel the transaction. The company may share data from suspicious transactions with payment providers and authorities to prevent and combat fraud.
• Order Cancellation

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

• Customer's Liability
  If a customer abuses the system, commits fraudulent acts, or provides incorrect information with the intent to gain financial advantage, the company reserves the right to take legal action and recover any damages from the customer.

Article 30: Intellectual Property Rights and Disclaimer
All texts, images, logos, and other content on the company's website are the property of the company or the respective copyright holders and are protected by copyrights and other intellectual property rights. It is prohibited to copy, distribute, or otherwise use this content without prior written permission from the company.

No rights can be derived from texts or images:
Although we do our utmost to provide correct and current 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 incompleteness on the website.

Article 31: Final Provisions
Dutch law applies to these General Terms and Conditions. Amendments to these terms and conditions are only valid if they have been laid down in writing. The General Terms and Conditions can be found at mcubes.nl/pages/algemene-voorwaarden. By placing an order, the consumer agrees to the general terms and conditions and all other applicable conditions.